City agencies delay, deny and withhold records related to protest permits at Democratic National Convention

In early June, NBC 5 Investigates filed a series of Freedom of Information Act requests with the Chicago Park District, Chicago Department of Transportation and the Chicago Department of Cultural Affairs and Special Events.

NBC 5 Investigates filed Freedom of Information Act requests in early June seeking to learn which groups had sought and been approved for protest permits during the week of the Democratic National Convention. To date, the city has not provided any records.

With less than two months before the start of the Democratic National Convention in Chicago, three city agencies have so far refused to provide records showing which groups have applied and been approved to protest during the week of the DNC.

In early June, NBC 5 Investigates filed a series of Freedom of Information Act requests with the Chicago Park District, Chicago Department of Transportation and the Chicago Department of Cultural Affairs and Special Events, seeking copies of permit applications and permits approved for groups who want to protest during the week of the DNC, which will have activities at McCormick Place and the United Center.

In an emailed response, the Chicago Park District has repeatedly asked for time extensions.

The Chicago Department of Transportation has acknowledged receiving our request but has not sought an extension or provided any records. A spokeswoman said Friday she was checking but did not respond to follow-up questions about when the materials might be made available.

And the Chicago Department of Cultural Affairs and Special Events flatly denied our FOIA request and in an emailed response wrote that “permits have not yet been issued … and therefore, any permit applications … are considered preliminary or pending…”

The agency cited that an exemption in the state’s public records laws – asserting that the documents deemed to be preliminary can be withheld.

“That claim is absurd,” said attorney Matt Topic, whose law firm Loevy & Loevy has filed numerous lawsuits against City of Chicago agencies over withholding public records.“The exemption they are relying on applies to their own deliberations on that application. It doesn’t apply to the application itself. This is incredibly obvious under the statute and case law and no properly trained FOIA officer should be asserting that exemption.”

While there are some documents that can be withheld, Topic said permit applications shouldn’t be one of them.

“I’ve seen all kinds of violations from the city and other public bodies around the state. This is one of the most ridiculous ones I’ve even seen. I wish that I could say that it shocks me – but public bodies – especially in the city of Chicago have a pretty bad history,” Topic said. “The statute allows government officials to deliberate on something without those deliberations being made public in most instances. It does not allow them to withhold the thing that they are deliberating about - which is an application submitting by a third party.”

A similar exemption was cited by Chicago police on a separate FOIA request from NBC 5 Investigates.

A spokesman for Mayor Brandon Johnson directed questions about the records back to the respective agencies. NBC 5 Investigates reached out again on Friday to the agencies involved but have so far not heard back.

According to federal court records, at least five separate groups have filed lawsuits against the city of Chicago since January, alleging their permit applications were improperly denied and that the city’s ordinances that could restrict their activities and enforce additional security perimeters are unconstitutional.

Included in those court filings are copies of their permit applications – and the denials from the city – which raised concerns that their applications were “duplicative” – alleging the protests were similar and would require too many additional officers to provide necessary security.

Those groups have been in court as recently as this week – still waging their fight against the DNC’s host city – hinting that thousands could show up in Chicago even without a permit.