(If)the stronger faction can readily unite and oppress the weaker, anarchy ... reign(s) as in a state of nature, ... and as ... even the stronger individuals are prompted, by the uncertainty of their situation, to submit to a government which may protect the weak as well as themselves, so ....will the more powerful factions or parties be gradually induced, by a like motive, to wish for a government which will protect all parties, the weaker as well as the more powerful... Federalist 51

Thursday, November 16, 2006

WHO'S SELLING STOLEN GOODS NOW?

WHO'S SELLING STOLEN GOODS NOW?

There were indeed stolen goods on the old Maxwell St. market, but that was strictly small-time, compared to what UIC and its little in-crowd have done since.

Until its closing in 1994 the old market had several full-time vendors on the west side of Halsted, who had leased or sub-leased plots of City land and kept merchandise there all week long. The tires and hubcaps were kept mostly outdoors, but some also had shanties, or even enclosed space for other merchandise. The southernmost vendor, at the corner of 14th Place, also sold a wide variety of car radios, auto parts, tools, bicycles, and other hardware.

I had known him for about five years when the City bulldozed these operations in August 1994, shortly before turning over the land to UIC. When I was first getting acquainted with him, I saw him buy a large bicycle from a little twerp easily a head shorter than I am. I sat on it and the seat was high enough for someone easily two or three inches taller than I am. I told him. He was rather embarrassed and put the bike in back. Later I also saw a bicycle for sale there, a clipped cable with a lock still wrapped around its handlebars. Every so often I saw him buy items from people just walking in, no questions asked. About as often I saw uniformed policemen browsing the merchandise, but, if any ever asked where it came from, that escaped my attention. At least once that I recall, I saw someone point out an item that had been stolen from him and get it back, just like that.

This came up in court one day, the point being that he had a higher standard of ethics than UIC, Maxwell St. itself being stolen goods. I had filed a lawsuit over the $20 million appropriation UIC used to purchase that land from the City and otherwise transform it into UIC's idea of a port of entry for the academically qualified. A largely Mexican group of vendors had gone to Springfield three times in May 1994 to stop the appropriation, with yours truly tagging along. The third time we had a full scale hearing before the House higher education committee, with UIC and the City also present. After a generally favorable reception, we were promised, on the record, a hearing in Chicago.

On June 15, 1994, however, Rep. Shirley Jones (6th) held a hearing in Springfield for a little UIC in-crowd, including former 1st Ward Alderman Ted Mazola, the market's arch-enemy. He testified the vendors were being told it was a "fait accompli." Our position, canceling the appropriation, went unmentioned. I got wind of it the evening before, but we could not confirm anything. Some of us went to Springfield twice in July, but we only got sweet nothings. That, however, is how the appropriation was passed.

A lawyer filed a suit, but fizzled out completely. About a year later I found out the Illinois Constitution, Art. IV, §7(a), requires reasonable notification of legislative proceedings. I filed my own lawsuit, under that provision and Art. I, §5, guaranteeing the right to assemble peaceably and petition for redress of grievances. The Illinois courts never addressed the constitutional issues. If the appropriation were declared unconstitutional, however, UIC would have to undo every expenditure made with it.

My parting shot to the Supreme Court of Illinois was a threat of a federal suit, which I filed not quite a year later. The lower courts grossly misapplied the "Rooker Feldman" doctrine that you cannot appeal a valid state court decision to a federal trial court, under the curious notion that lower federal courts cannot even inquire into that validity, even though the "Rooker Feldman" U.S. Supreme Court decisions offer plain grounds. The 7th Circuit United States Court of Appeals also completely ignored UIC's plans for sale of the assets, the stolen assets. The Supreme Court of the United States (No. 00-325) refused to hear the case, the still unresolved jurisdictional questions notwithstanding. My first action, should the legal issues ever come up for air, will be to freeze all the stolen assets into court custody.

UIC is now selling townhouses in the old Maxwell Market area, some running into mid-six figures. Ted Mazola is the agent for the other well connected developers.

Where is their office? That same vendor's old spot, Halsted and 14th Pl.

William F. Wendt, Jr.

printed in Southwest News-Herald November 20, 2003

 

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