A federal judge says a Danville businessman can continue with his lawsuit accusing the city's mayor and Danville city staff of targeting him for retribution because the businessman openly supported the mayor's political rival in an election.
Paul Offutt, owner of Offutt Development and Security Ventures Inc., filed a complaint in federal court against the city of Danville and Mayor Rickey Williams Jr..
The lawsuit also names as defendants Danville Chief Engineer Sam Cole; Assistant Chief Engineer Eric Childers; and Planning Manager Logan Cronk.
In his complaint filed in January in the U.S. District Court for the Central District of Illinois in Springfield, Offutt alleges that the city of Danville, along with the mayor and the named city officials, violated his rights on multiple occasions.
In his suit, Offutt accuses the Mayor of several acts of presumed political retaliation, including withholding building permits, zoning variance, demolition permits, as well as forging a signature on an easement agreement.
Offutt is claiming that his unjust treatment by the mayor stemmed directly from Offutt's open support of Mayor Williams' opponent during a recent election. The lawsuit asserts the city's actions amout to a violation of his First Amendment speech rights.
Danville is located in east central Illinois, along its border with Indiana.
Offutt is a landlord and a general contractor engaging in various commercial and residential construction projects in Vermillion County and the area surrounding Danville. He has operated his business for about 40 years, according to court documents.
Construction projects within Danville city limits are governed by the Danville City Code, as are the maintenance of properties.
However, Offutt asserts the city, and the specific city officials named in his complaint, did not uniformly and fairly enforce city code regulations.
According to court documents, during the 2019 Danville mayor's race, which was won by Williams, Offutt openly opposed Mayor William's candidacy in favor of his opponent, political activity that is protected under the First Amendment.
Offutt contends that instead of following the letter of the law by uniformly enforcing Danville City Code, city officials allegedly unlawfully retaliated and discriminated against him on multiple occasions by selectively enforcing city code.
The suit additionally claims the village forged Offutt's signature on an easement agreement, allowing the city to allegedly illegally seize a piece of propery Offutt owned.
Offutt asserts that alleged action violated the Fifth Amendment's Takings Clause, which requires governments to compensate individuals when taking private property for public use.
Offutt further contends that the easement portions lost in the alleged unlawful seizure stopped him from constructing a gas station, convenience store and car wash on the property.
According to court documents, in September 2020, the Danville City Council voted to rezone the property Offutt is claiming was unlawfully seized from him for the purpose of enabling the city to construct a casino on the site.
The city moved to dismiss Offutt's case, arguing, in part, that the permit denials came "too long" after Williams' election to connect the actions.
In a decision issued Dec. 16, Judge Myerscough agreed that Offutt's complaint demonstrated a potential sustained pattern of not only alleged discriminatory actions, but violations of his First Amendment rights and Fourteenth Amendment discrimination claims for "irrationally singling out" Offutt following the mayoral election.
She pointed to a statement allegedly made by Mayor Williams in 2021 that "he would be 'all over' any project led by Mr. Offutt."
That statement, the judge said, "is a direct allegation suggesting Mayor Williams intentionally and irrationally singled out Mr. Offutt and his associated businesses and treated them differently."
She also pointed to evidence presented by Offutt that the city denied a permit request he submitted, while later approving identical plans submitted by a subcontractor.
Judge Myerscough also agreed to allow Offutt to continue with his claims against the city for allegedly illegally taking his property through an allegedly forged easement agreement.
Judge Myerscough stated that her decision to deny the dismissal was based on a demonstrated pattern of alleged discriminatory behavior Offutt provided.
Offutt has been represented by attorney Jeffrey R. Kulwin, of the offices of Kulwin, Masciopinto & Kulwin, of Chicago.