The following is a copy of a complaint filed against Granite city. It is a word-for-word copy of the filed document, however, it has been slightly modified for web use through the addition of links to the relevant documents.
Exhibit B
2019MR000357 is yet another example where I did everything in my power to provide Granite city with every fact, document, and argument they needed to reach a quick and appropriate verdict.
Yet your city refused to dismiss the ticket, which I had clearly made known to be flawed, until after I spent a half day driving to Edwardsville to file a municipal complaint. This complaint is still an ongoing case.
Problems such as this were none existent between my business and Granite city for the first 25 years of my business, however, in 2012 that changed.
I received a letter dated 7-9-12 from Crime-free police demanding that I evict a disabled customer and his entire family due to a single 18” pot plant found in his yard, and an expired FOID card. My customer had already paid the $250.00 fine for his violation(s) yet Granite city required me to punish him further by evicting the entire family.
This was the first time I refused a crime-free demand, as I did not begin eviction proceedings. Granite city officials subsequently ordered a trial for the revocation of my business license, during which the city attorney informed me that the only way I could keep that particular customer was to evict him from his current residence on Madison avenue, and move him into a different property I owned in Granite city. This pointless relocation left me with a vacant property draining my funds, and created an unnecessary burden for the customer’s family who had to relocate.
Then in 2015, I received a second letter from Crime-free police demanding that I immediately begin eviction proceedings against another customer, an expecting mother. Her boyfriend was accused, but not convicted, of a crime by crime-free police. during which I requested that the eviction be postponed, at the very least until the accused receives a fair trial and is officially found guilty of the crime. Granite City crime-free police Captain Gagich then stated “He is guilty if I say he is guilty”. Upon my objection to that statement, the city attorney added “Trials take too long, we [Granite city] want them out now”.
The hearing officer concluded by informing me I was in violation of “Crime-free” law, and issued an official verdict ordering that I begin the eviction process immediately or face the revocation of my business license.
My tenant, the expecting mother, pleaded to me that she “had no place to go”, and we both knew that she would have further difficulties in finding a home with a recent eviction on her record. At her request, I gave her as much time as I could to find a new home, but Captain Gagich was relentlessly hounding me, having called on multiple occasions to demand that I begin the eviction process or he “Would have my license!”. Eventually I felt I had no choice but to comply if I hoped to retain my business license. When I called Captain Gagich to report that I had relented and began the eviction process, his response was to threaten my business license stating once again “I am still going to get your license revoked!” because I was “too slow” in getting her [my customer] out”.
The problems with crime-free housing only got more blatant moving into 2016.
On 06/07/2016 I received ticket 2016ov400378 (henceforth referred to as ticket 378) for allegedly allowing unregistered individuals to stay at a business property. However, the issue with ticket 378 is that it was issued after I had reported to city officials that the registered occupants of my property located at 2506 Iowa (whom I was in the process of evicting) had moved out, but had allowed unknown individuals to move in without my (or the city’s) approval. Furthermore, before the issuance of the ticket, I contacted Granite city police upon learning of the unknown individuals whom I considered to be trespassing, and requested that Granite city police remove them. Granite city did offer any assistance in removing the individuals, but instead issued me ticket 378.
Ticket 378 was subsequently verbally dismissed at the court hearing. That was not the end of it, however, because apparently city officials never officially dropped the ticket, and instead scheduled another hearing without informing me; unbeknownst to me, a silent arrest warrant was later issued by Judge Slemer for “missing” that court date. A year later on 6-10-17, I called city police to investigate a felony theft at a property of mine, and was arrested on the spot Before I was locked into a Granite city holding cell, I insisted that the case had been previously dismissed, and that the arrest warrant had to be some sort of mistake. The booking officer told me that it was more likely a “going away present from Captain Gagich”. More information on 378 here: https://defendant378.com/home/ticket-378/
2820 Lincoln:
Citation 53574
The registered occupant allowed his nephew to move-in with him; this was in direct violation of his rental contract with me, which Granite city had approved and has a copy of on file.
Result: I was ticketed on 8-28-17 without warning, and compelled to forgo operating my business to appear in court because my tenant had the audacity to commit the egregious (and apparently illegal) act of inviting a relative to stay with him. My tenant who had allowed his nephew to stay at the property was not ticketed, nor did he have to appear in court. Do not misunderstand me however, I do not necessarily believe that he [my customer] should of been ticketed and dragged into court for what he did, only that if the city intends to hold me liable for “allowing” a violation of city ordinance to occur, then that city cannot simply proceed to ignore the actual violator and hold me solely responsible for an incident.
Complaint: Granite city cannot hold me solely responsible for an incident occurring at a business property I own, when the actual violator of the city ordinance which I am supposedly liable for is completely exonerated of all charges. (Meaning no violation was found to exist).
2454 Delmar: (More information at https://defendant378.com/home/citation-54540/)
Citations 54540 & 54541
I was ticketed issued two citations on 01/18/18 without warning and compelled to forgo operating my business to appear in court to answer for code violations at a house that I had no business with at the time (2454 Delmar), meaning that I did not manage it, and I certainly did not own the property. I took time out of three separate business days, to appear in court three separate times (why once was not sufficient I cannot say), to clearly state each time that I did not own the property and demand that the actual owner be ticketed for the violations.
Result: I received a $1,500 default judgment on 06-12-18 for missing a 4th court date, which I did not receive any notice of. To my knowledge, the actual owner on county records was never ticketed, nor charged, despite the fact that Granite City officials knew exactly who the owner was and where he lived.
How do I know this? Because the city officials told me exactly who he was at my second court hearing on regarding these citations (it just so happens he was also a registered Granite city landlord).
Complaint: In the future, Granite city should logically consult county records and avoid issuing ticket(s) to the wrong person.
Citations 500085848 & 500085849 which were recently dismissed by your city are yet further examples of these frivolous and inappropriate citations.
(More information here: https://defendant378.com/home/0500085848-0500085849/ )
Finally, just recently, I received a letter from crime-free officials dated March 27th, 2019, demanding that I immediately begin eviction proceedings against yet another entire family (2474 Iowa), before the single, accused family member has received a fair trial. Just like previous demands by crime-free officials, this is undeniably in direct contradiction with the “presumption of innocence”; a fundamental and inseparable part of the “due process” guaranteed to every American through our supreme law, the United States Constitution.
Which brings me to my conclusion: For so long as the problems with Granite City crime-free housing continue to allow city officials to rampantly violate both landlord’s and tenant’s civil rights, I cannot in good faith purchase a business license requiring me to carry out the unchecked will of crime-free officials.
All of these issues and other problems like them prevent me from operating the business your city would have me purchase a business license to operate. I need to know how your city plans to address these complaints going forward, and specifically what measures Granite city will take to prevent these clearly inappropriate problems from occurring in the future, so that I will once again have the ability to operate the business your city would have me purchase licenses for.
I will be more than happy to purchase all required business license(s) upon learning of how Granite city plans to address these issues, as I only want to operate my business lawfully, and without the inappropriate and arguably illegal interference by the city that I conduct business within.