Declaratory Judgment – 1st Amendment

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7^th Circuit Court of Appeals

Case Name: Daniel Medici, et al v. City of Chicago

Case No.: 15-3610

Officials: POSNER, RIPPLE, and SYKES, Circuit Judges.

Focus: Declaratory Judgment – 1^st Amendment

On July 2, 2015, the three plaintiffs filed this suit against the City of Chicago. Eventually they lost in the district court and two of them—Medici and Kukielka—have appealed. The plaintiffs are military veterans currently employed as Chicago police officers. All three have tattoos relating to their military service and to their religion. Medici’s is a tattoo of a pair of wings with a halo, a symbol he displays to honor members of the U.S. military services killed in combat. Leet’s and Kukielka’s tattoos depict St. Michael, the archangel who is the patron saint of warriors, including (in modern times) police officers, paramedics, and firefighters. The plaintiffs’ suit had been precipitated by an order issued by the Chicago Police Department on June 8, 2015 (slightly more than a month before the suit was filed), with no prior notice to, or discussion with, the plaintiffs or other tattooed police officers. The order required all police officers on duty or otherwise “representing” the police department (it’s not clear what is meant by “representing”) to cover all their tattoos, either with clothing, or on parts of the body not covered by clothing with either a bandage or what is called “cover-up tape.” The order was not limited to offensive tattoos, such as those conveying a racist or sexist message; all visible tattoos were outlawed. The announced reason for the order was to “promote uniformity and professionalism.”

Vacated and remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.