Roselle wants to charge for village services at special events

Roselle leaders are aiming to pass a measure that will help the village recoup costs for police, fire, and cleaning services it provides at special events like parades or festivals.

But they delayed any decision Monday on recommending an ordinance, after Roselle’s village attorney said the current proposal is worded in a way that could violate a group’s First Amendment rights.

Jason Bielawski, assistant village administrator, said the proposed measure would “establish a formal means by which people and organizations that want to put on special event would have to submit a permit, which village staff would review and make sure certain standards are met.”

Staff members would also determine costs for providing those services, such as public works crews after festivals, ambulances kept on hand for races, or police officers for crowd control.

But village attorney James Knippen said the proposed ordinance is worded too loosely, and could make Roselle vulnerable to a civil rights lawsuit. He said the North Shore suburb of Wilmette adopted a similar measure six years ago and was later sued by the organizer of a political fundraiser, who said the ordinance was unconstitutional because it prohibited free speech with fees.

Knippen said a district court ruled in Wilmette’s favor, but he wants Roselle to avoid a similar legal battle.

“Do not take this ordinance as a manner to control unpopular speech or an event you do not want in your village,” Knippen said. “The narrower the definition of a special event, and the less discretion your staff has (to determine who gets village services), the more likely your ordinance will be constitutional.”

Village President Gayle Smolinski said the idea was launched more than two years ago because several fundraiser organizers had called her wanting to have events on public streets but only gave Roselle a few days notice.

“It took us off guard on two occasions,” Smolinski said.

While most village trustees agreed the idea of recouping costs is a good one amid Roselle’s budget crunch, they unanimously voted for staff to rework the ordinance’s legal language. Trustee Terrence Wittman also said the village is currently inconsistent on which groups it charges for special-event services, and which organizations get a pass.