Left Field Media LLC v. City of Chicago, No. 19-2904 (7th Cir. 2020)Annotate this Case
In 2016, the Seventh Circuit held that Chicago is entitled to limit sales on the streets adjacent to Wrigley Field, home of the Chicago Cubs, but remanded a magazine seller’s contention that an ordinance requiring all peddlers to be licensed was invalid because of an exception for newspapers. Before the judge acted on remand, Chicago amended its ordinance to provide: It shall be unlawful for any person to engage in the business of a peddler without first having obtained a street peddler license under this chapter. Provided, however, a street peddler license is not required for selling, … only newspapers, periodicals, pamphlets, or other similar written materials on the public way. There is no distinction between newspapers and magazines. Left Field Media withdrew its request for an injunction but sought damages to compensate for injury before the amendment.
The Seventh Circuit affirmed the dismissal of the suit for want of a justiciable controversy. Left Field did not show any injury. It did not assert other costs, such as overtime wages or legal fees incurred to attempt to get a license. Because Left Field has not offered details, it would not be possible to conclude that it suffered even a dollar in marginal costs.