An Illinois Law is Declared Unconstitutional: Pignatelli, Liston & Mertes, P.C. Wins Case before State's Highest Court

For decades, an Illinois statute made it illegal for residential occupants to allow intoxicated minors to leave the home. The offense was a Class A misdemeanor, punishable by a sentence of imprisonment of up to one year, and a $2,500.00 fine. The statute did not describe just what conduct was prohibited, and just what conduct would be necessary in order to avoid violating the law.

If a man came home to find that his teenager was holding an underage drinking party, and he thereupon kicked the juveniles out of his home, could he then be arrested and charged with a criminal offense? If a teenager held an underage drinking party at her home, and the parents of one of the juveniles in attendance arrived to take their own intoxicated child home, could the teenager be charged with a criminal offense for allowing her friend to leave with her own parents? And just what must the residential occupant do in order to avoid criminal prosecution in such circumstances? Was the residential occupant required only to request that the intoxicated minor stay in the home? Or was the residential occupant required to tackle, physically and forcibly restrain the intoxicated minor who attempts to leave? And wouldn't that type of conduct expose the residential occupant to the risk of being charged with the criminal felony offense of unlawful restraint?

Although these important questions were never answered by the Illinois statute, they were ultimately addressed by the Illinois Supreme Court.

Attorney James W. Mertes of the law offices of Pignatelli, Liston & Mertes, P.C. filed a motion requesting that the Whiteside County trial court declare the statute unconstitutional. After hearing, and careful consideration, Whiteside County Associate Circuit Judge John L. Hauptman granted the motion filed by Attorney Mertes, and declared the subject statute unconstitutional. The prosecution appealed, and the case proceeded directly to the Illinois Supreme Court. In September, 2002, Attorney Mertes argued the case before the seven justices of the Illinois Supreme Court, seated in Springfield, Illinois.

On December 5, 2002, the Illinois Supreme Court announced its decision agreeing with Attorney Mertes' arguments, affirming the trial court, and declaring the statute unconstitutional. The Supreme Court held that "[the statute] provides absolutely no guidance as to the steps a residential occupant should take to prevent an intoxicated minor from leaving a social gathering." The Court further stated, "We have determined that [the statute] leaves the scope of the action required of the occupant completely undefined. As noted, it is uncertain whether the most obvious means of complying with the statute-the detention of the minor-falls within this scope. A residential occupant who detains an intoxicated minor faces potential criminal liability for unlawful restraint. This dilemma illustrates the broad uncertainty that exists with regard to the scope of the duty in question. Any person of common intelligence is forced to speculate as to the meaning of this statute.... Accordingly, there is no set of circumstances under which [the statute] would be valid."

The decision of the state's highest court was widely reported in the media, appearing as the main story in several newspapers, including the Chicago Sun-Times, The Chicago Tribune, The Clinton Herald, The South Towne Herald, and several others. The story was also covered by the Associated Press, and various radio and television media sources.

Attorney James W. Mertes, a partner in the law firm of Pignatelli, Liston & Mertes, P.C., was very pleased by the decision. "I am honored to have been involved in this important case, and gratified by the thoughtful decisions of the trial court and the Illinois Supreme Court," Mertes said. "It was exciting and rewarding to be involved in a case which involved such significant constitutional issues."

Criminal law is just one of the many important areas of law practiced by the attorneys in the law firm of Pignatelli, Liston & Mertes, P.C. The attorneys of Pignatelli, Liston & Mertes also represent injured plaintiffs in personal injury, medical malpractice and workers compensation cases, in addition to handling divorce/custody, estate, probate, contract, and other litigation.

Back to Law Firm News