Waste of the Day: Chicago Will Pay Most of Councilman’s Free Speech Lawsuit

Topline: The City of Chicago is not liable in a lawsuit against Alderman Jim Gardiner, but the city has still agreed to pay $87,500, or 55% of the settlement. Gardiner will pay the remaining $70,000.

How the alderman provoked the lawsuit

WTTW, the local PBS affiliate, reports that “It is highly unusual for the city to agree to use taxpayer money to resolve a case in which it is not a defendant.”

Key facts: The lawsuit was filed by six members of the public in October 2021. They claimed Gardiner violated the First Amendment by blocking them from his Facebook page after they posted critical comments about him.

The plaintiffs sued both Gardiner and the city, but U.S. District Judge Sharon Johnson Coleman ruled that only Gardiner was liable.

The city has still agreed to settle with the plaintiffs “to stem the costs of further litigation and foreclose any future claims against it including a potential appeal,” a spokesperson told WTTW.

The city payment was announced one week after Gardiner had already agreed to pay the full $157,500 settlement. It does not require approval from the rest of the city council because the city’s portion is less than $100,000.

Background: Gardiner earned $142,254 in 2023 as alderman of Chicago’s 45th ward, according to payroll records obtained by OpenTheBooks.com. Each of Chicago’s 50 districts, or wards, elect an alderman to represent them in the city council for a four-year term.

Gardiner made $727,965 in total salary from 2017 to 2023. 

He identified as an independent when he was elected but later joined the Democratic Party.

Why did the city agree to cover any of that settlement?

Search all federal, state and local government salaries and vendor spending with the AI search bot, Benjamin, at OpenTheBooks.com.

Critical quote: “Why would the city expend taxpayer dollars on a legal settlement in a case they have been excused from?” Pete Czosnyka, the lead plaintiff, told WTTW. “Is this unnecessary contribution to Alderman Gardiner a form of income for him?”

Summary: If Gardiner is worried about his constituents posting damaging comments about him, he should avoid lining his own pockets with taxpayer money.

The #WasteOfTheDay is brought to you by the forensic auditors at OpenTheBooks.com.

This article was originally published by RCI and made available via RealClearWire.