A Cook County judge has tossed a former Chicago Park District lawyer's defamation lawsuit against former Mayor Lori Lightfoot over a profanity-laced obscene tirade over the lawyer's handling of negotiations over the fate of the city's Christopher Columbus statue, in which the mayor famously claimed to have "the biggest d** in Chicago.
In that May 28 ruling, Cook County Circuit Judge Kathy Flanagan essentially found Lightfoot was could not be sued by plaintiff George Smyrniotis for allegedly smearing his name and ruining his professional reputation, because Lightfoot made the disparaging and profane comments in her official capacity as mayor while on an online video conference call discussing city business.
"The complaint does not anywhere allege that Mayor Lightfoot's statements during the Zoom call occurred outside of the scope of her official duties," Flanagan wrote. "Smyrniotis' complaint even alleges that at all relevant times (sic) the Mayor of the City of Chicago and was authorized to speak on its behalf. There does not appear to be any further facts which could be alleged that Mayor Lightfoot's actions and statements occurred outside the scope of her official duties (emphasis in original.)"
Therefore, the judge said Lightfoot can't be sued, as she is shielded by the legal principle known as "defense of privilege," which "gives executive officials absolute immunity from defamation suits when their statements are made within the scope of their official duties and legitimately related to their duties," as officials "should be free to exercise their duties without fear of potential civil liability."
An attorney for Smyrniotis did not respond to request from The Cook County Record for comment about the ruling, nor to a question about whether Smyrniotis may appeal.
The ruling potentially brings to a close the lawsuit Smyrniotis lodged against Lightfoot and the city in March 2022.
According to the complaint, Smyrniotis, who has been a licensed attorney since 1989, had worked for the Chicago Park DIstrict beginning in 2007, including serving as one of the district's top in-house lawyers from 2018-2021.
According to the complaint, Smyrniotis represented the park district in 2021 against a lawsuit filed against the district by the Joint Civic Committee of the Italian Americans (JCCIA), over the park district's refusal to reinstall the statue of Columbus in Arrigo Park in Chicago's Little Italy neighborhood on the city's near West Side.
The Columbus statue had stood in the park in a plaza built and maintained by the Chicago Park District under an agreement with the JCCIA and its predecessor, the Columbus Statue Committee.
Before making any changes to the plaza, including removal of the statue, the Park District was required by that contract to get approval from the JCCIA.
However, in the summer of 2020, as riots and violent protests gripped Chicago in the wake of the killing of George Floyd by police in Minneapolis, Lightfoot ordered the statue removed, supposedly to protect it against left-wing rioters who were toppling what they perceived to be statues symbolizing white supremacism in many locations across the country.
That summer, the plaza was the scene of clashes between rioters and Chicago Police.
Under the mayor's order, the Park District removed and stored the statue. The JCCIA then sued a year later, demanding the return of the statue.
In the months that followed, Smyrniotis said he was directed by the Park District's leadership to negotiate a settlement, which could include turning the statue over to the JCCIA to allow them to display the statue where ever they like outside Chicago.
According to the lawsuit, the Park District allegedly agreed to allow the JCCIA to display the statue on a float at the conclusion of the annual Columbus Day Parade in October 2021.
However, word of the potential parade arrangement allegedly infuriated Lightfoot, who threatened to revoke the JCCIA's parade permit and cancel the Columbus Day Parade altogether, unless they agreed to leave the statue out.
The statue was not used in the parade.
However, Smyrniotis said Lightfoot then summoned him and other city and Park District officials to a Zoom call, where she allegedly berated Smyrniotis, shouting at him and Park District General Counsel Timothy King, saying:
"“You d***s, what the f*** were you thinking? You make some kind of secret agreement with Italians, what you are doing, you are out there measuring your d*** with the Italians seeing whose got the biggest d***, you are out there stroking your d***s over the Columbus statue, I am trying to keep Chicago Police officers from being shot and you are trying to get them shot.
“My d*** is bigger than yours and the Italians, I have the biggest d*** in Chicago. Where did you go to law school? Did you even go to law school? Do you even have a law license? You have to submit any pleadings to (Chief Chicago Constitutional and Commercial Lawyer) John Hendricks for approval before filing. John told you not to do a f***ing thing with that statute without my approval. Get that f***ing statue back before noon tomorrow or I am going to have you fired.”
Smyrniotis noted in the complaint he did not work for the city, nor was he answerable to neither Lightfoot, nor Hendricks or any other official at City Hall.
Further, he noted the city was not party to the contract between the JCCIA and the Park District, nor was the city named as party in the lawsuit brought by JCCIA.
However, following the mayor’s alleged tirade, Smyrniotis said he was eventually forced to resign in February 2022.
In his complaint, Smyrniotis said the mayor should be made to pay for forcing him out of his job, and for defaming him personally and professionally.
Smyrniotis said the mayor’s actions cost him at least $139,000 in salary, and reduced his pension by at least $57,000.
However, in her ruling, Flanagan said the mayor was allowed to say the things she did, in the manner she did, and in the presence of others, whether or not they were answerable to her, because she made the statements as the mayor of Chicago.
Lightfoot, beset by low public approval ratings over her lone term as mayor, opted not to seek reelection. Voters selected current Mayor Brandon Johnson to replace her in 2022.
Smyrniotis was represented by attorney Edward Moor, of The Moor Law Office, of Chicago.