Was the Coliseum LEGAL?

By:  Diane Benjamin

A reader found this in the Illinois Municipal Code:  http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=006500050HArt.+11+Div.+67&ActID=802&ChapterID=14&SeqStart=200000000&SeqEnd=201100000

(65 ILCS 5/11-67-1) (from Ch. 24, par. 11-67-1)
    Sec. 11-67-1. Subject to a referendum vote, any municipality having a population of 75,000 or less, may acquire, construct, manage, control, maintain, and operate within its corporate limits a municipal coliseum with all necessary adjuncts thereto.
(Source: Laws 1961, p. 576.)

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When the City Council approved building the Coliseum, Bloomington had a population of less than 75,000.  Ever wonder where the name “Coliseum” came from?  Maybe here?

A non-binding referendum was held and the people said loudly “WE DON’T WANT IT!”

One of two things happened:

  • Markowitz and the Council violated Illinois law by building it anyway
  • Home Rule somehow made this Illinois law irrelevant

Which is it?

I don’t have a clue.

Besides, if building it was illegal, nobody will be willing to prosecute now.

If it was legally built, maybe abolishing Home Rule should have been done a long time ago.

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9 thoughts on “Was the Coliseum LEGAL?

  1. Is the required referendum supposed to be binding? If not, then why even have the provision? Its like saying you need approval to get a loan to build a home but the builder will still let you build it even if you are denied financing. Can the governor get in on Municipal Code reform?

  2. The attitude of city hall is that if you don’t like what (we) do then sue (us), followed with giggles and a smirk. This of itself is an arrogant misuse of representation of the people, for the people. It is sickening. Too many of such councils are shortly said are either getting some type of materialistic kickback now or in the future, love the ride of the power trip, or are just plain stupid, imo, as logical explanations must be considered.

  3. If Home Rule is abolished – do we really want the State to have that much control over us? I think we need more people like yourself to become active and elect better people to represent us at the City level. We need to purge progressives from government!

    1. Either good people don’t run for office or they don’t have enough money to run. We’ve had decades of wing-nuts controlling the Council. Is the State worse? At least we would know the rules. Under Home Rule they make them up.

  4. It was put forward to vote by a citizens petition, which created non-binding referendum, therefore there was nothing illegal about anything done afterwards by the council vote. In my opinion the current problem is management, not venue.
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  5. ” (65 ILCS 5/11-67-8) (from Ch. 24, par. 11-67-8)
    Sec. 11-67-8. The corporate authorities from time to time may establish by ordinance all needful rules and regulations for the management and control of such a municipal coliseum. All these ordinances, for the violation of which fines are imposed, shall be published in the same manner and form as is required for other ordinances of the municipality, and these ordinances may be printed in book or pamphlet form in such manner as the corporate authorities shall direct. Rules established by these ordinances shall be brought to the notice of the public by being posted in conspicuous places in the coliseum. When these ordinances are printed in book or pamphlet form, and purport to be published by authority of the corporate authorities of a designated municipality, the book or pamphlet shall be received in all courts as evidence of the contents of these ordinances, and of the passage and publication thereof as of the date therein mentioned, without further proof. (Source: Laws 1961, p. 576.)”

    I know of no such ordinances as described above. Wonder if management would be different. Nah, ordinances are not enforced in Bloomington anyway.

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