The Liberty Justice Center is escalating its legal battle against a controversial contract tied to the upcoming Chicago casino project, alleging that the agreement imposes race-based and sex-based quotas in violation of the Fourteenth Amendment’s Equal Protection Clause.
On February 7, the U.S. District Court for the Northern District of Illinois, Eastern Division, declined to grant emergency relief to halt the discriminatory sale of shares in the Bally’s Chicago casino project.
In response, the Liberty Justice Center filed a formal complaint with the Securities and Exchange Commission (SEC), urging the agency to block the Initial Public Offering (IPO) of Bally’s Chicago Operating Company. The complaint argues that the IPO’s racial and sex-based quotas discriminate against potential investors, rendering the offering unlawful.
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The SEC has yet to declare Bally’s S-1 IPO filing effective, giving the agency an opportunity to pause the share distribution while litigation proceeds. The Liberty Justice Center is determined to hold the city of Chicago accountable for what it describes as unconstitutional discrimination.
The dispute stems from a Host Community Agreement (HCA) between the city of Chicago and Bally’s Chicago Operating Company, which mandates a 25% minority ownership requirement for the casino project. To comply with this requirement, Bally’s registered an IPO of 10,000 shares exclusively available to individuals who meet the city’s definition of “minority.” This policy explicitly excludes investors who do not fall within the designated racial or sex-based categories.
Mark Glennon, a would-be investor, was barred from participating in the IPO due to these quotas. The Liberty Justice Center filed a lawsuit on his behalf on January 30, 2025, against the city of Chicago, Mayor Brandon Johnson, and other public officials, challenging the constitutionality of the HCA.
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Following the lawsuit, the Liberty Justice Center filed an emergency motion seeking a temporary restraining order to halt the IPO before its scheduled launch on February 7. However, on the evening of February 6, the court denied the motion, allowing the IPO to proceed. Despite this setback, the broader legal challenge remains active, with the Liberty Justice Center vowing to continue its fight in court.
“The court’s dismissal of our request for emergency relief does not change the facts of this case,” said Reilly Stephens, Senior Counsel at the Liberty Justice Center. “The city of Chicago and Bally’s Casino entered into a racially and sexually discriminatory contract that violates investors’ statutory and constitutional rights. We will not rest until this injustice is rectified.”
The case, Glennon v. Johnson, was filed in the U.S. District Court for the Northern District of Illinois, Eastern Division, on January 30, 2025. The Liberty Justice Center’s legal filings are publicly available, underscoring its commitment to transparency in this high-stakes constitutional battle.
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The Liberty Justice Center’s challenge to the Chicago casino project could set a significant precedent for how race and sex-based quotas are applied in public-private partnerships moving forward.
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