On October 1, Associate Judge Katherine Gorman dismissed without prejudice the trespassing lawsuit brought against Second District Council Member Barbara Van Auken, District 4 County Board Representative Andrew Rand, and City Historic Preservation Commissioner Sid Ruckriegel by the Sigma Nu Fraternity and Caleb Matheny.
While the ruling allows 28 days for the complaint to be refiled, attorneys representing Sigma Nu and Matheny stated Monday that they will not pursue the matter further.
“We have consulted with our clients and they have elected to not amend the complaint within the 28 day period,” Attorney Jeffrey R. Hall stated. “Since the lawsuit was filed, they met with Bradley University officials and have become satisfied with the results of that meeting. While they filed a lawsuit to speak out against the unexplained behavior and trespass of private property on the part of Ms. Van Auken, Mr. Rand, and Mr. Ruckreigel, they feel satisfied with the dialogue that resulted with University and City officials.”
When asked for her reaction to the ruling, Van Auken said, “I think the actions here speak for themselves.” Rand and Ruckriegel could not be reached for comment.
The lawsuit stemmed from an incident that occurred in the early morning hours of September 20, 2008. Van Auken was attending a dinner party when she received a call from a constituent complaining about noise coming from the Sigma Nu Fraternity, 1300 W. Fredonia Ave. At about 12:30 a.m., Van Auken, Rand, and Ruckriegel walked over to the fraternity and confronted the students. Alleging that Van Auken was drunk and trespassing, fraternity members called the Peoria Police on her. Van Auken was not ticketed, but then-president of Sigma Nu, Caleb Matheny, was given a citation for violating the city’s noise ordinance. The citation was later dismissed.
In March 2009, a little more than five months after the incident, Sigma Nu and Matheny filed suit for trespassing, and alleged that Van Auken abused her power as a council member. The suit was filed during the heart of Van Auken’s reelection campaign to the City Council. Despite the negative publicity, including the release of an embarrassing video clip of the incident, Van Auken easily won reelection. Lawyers for Sigma Nu said at the time that the lawsuit was not political, and the delay in filing was due to the city being uncooperative in providing information requested through the Freedom of Information Act.
Circuit Judge Stephen Kouri recused himself from the case; no reason was given. The case was then assigned to Associate Judge Katherine Gorman. Gorman disclosed at a September 21 hearing that she had a connection to Rand. Court documents did not specify what that connection was, but Hall stated that, “based on what she [Gorman] related in court on the record, that her husband has served on a committee of some sort with Mr. Rand in the past.” Gorman’s husband is Dr. Jim Hubler, an emergency medicine physician at OSF St. Francis Medical Center. Rand is the Executive Director of Advanced Medical Transport, the city’s ambulance provider. The hearing was continued until October 1 to allow time for the plaintiffs to confer with their clients on the matter. It appears that the connection was a non-issue, as no objection was filed.
Hall believes the outcome was a positive one for his clients: “Even though the lawsuit was dismissed, we feel the process has benefited the Gentlemen of Sigma Nu, Caleb Matheny, and all Bradley students because they finally were allowed to have a voice. And, we can confidently say that Ms. Van Auken, Mr. Rand, & Mr. Ruckriegel will not set foot on Sigma Nu’s property without first obtaining permission from this point on.”
Taxpayer’s cost was $ ____________??????
Well that tells me about all I need to know about Gorman when it comes to the upcoming judicial primary. Not getting my vote.
While this particular bit of drama is at an end, I am still concerned that an underlying factor has not been addressed. I know nearby residents have been frustrated when they call Peoria Police to report legitimate disturbances at frat houses, only to have BU police show up and do little to quell the issue. I’m hoping BU, the City and the affected neighborhoods can and will work together to arrive at a solution.
1. What authority do BU police – a private security firm – have off of BU property/
2. I’m not a Babs fan but I say YEA! Snot-nosed frat pukes are a pain in the ass.
Hail to thee, brave lawyers of Sigma Nu! You don’t need no stinkin’ badges-or council people! Party Hardy!
Vonster, BU Police’s authority has been established. They are fully sworn, licensed, badged, whatever, officers. They can bust your chops anywhere in Peoria and maybe beyond that.
Conrad,
I am sure it will all improve with the reduction in police staff, which I believe BVA voted for.
University Police have the same authority as any police officer. They are not a private security firm. Their jurisdiction is the campus and surrounding areas.
Trust me you could have alot worse then some frat guys living across the street from you and also its not JUST FRATS causing the noise. In this incident it involved some frat guys but I call the police daily on a property across the street from my home and I have witnessed little improvement. The police do what they can.
!. Sure, the Campus Cops are a real police officers. Unlike the officers of the Peoria Police Department, they do not ultimately after to the public via their elected representatives. And lets, face it, real cops or not, they aren’t very good judging by their inability to do their jobs.
2. The lawsuit will NOT be amended because the election is over. It failed to cost BVA the election — as I predicted it would not — because 2nd District residents want their representatives to take their side when it comes to out of control outdoor drinking parties by unsupervised (and poorly policed) B.U. students. Whether or not she was drinking too much and insulting some Campus Cop is utterly irrelevant to anyone who wasn’t mad at her for some other reason.
Be honest, if this was Gary Sandberg, the people criticizing BVA would have hoisted Gary on their shoulders as a conquering hero.
Amazingly, this WAS Gary Sandberg pillorying BVA. I just saw the video of the Sigma Nu guys on WEEK and Gary attends the press conference. How do you reconcile your love of Gary, Billy, with your love of BVA?
Slightly intoxicated, or not, she is still the best candidate for the job. Go get ’em Ms. Van Auken.
I still think this whole issue is somewhat ridiculous. Let me also start by stating that I also believe that any frat/college/high school/anything party that is out of control and bothering neighbors is completely out of line. I happen to live in the area where the alleged inappropriate actions took place, and I admit, there has been times where I have been bothered by the parties that have taken place on Bradley’s campus. Have these parties been in the last few years? Not anywhere close to what they once were. These kids have taken it upon themselves to make the campus a better place and quiet down when they know they are bothering anyone. I also happen to know Mr. Rand. I also happen to know a few of the kids that have been involved with some altercations with him. I have also read the police reports. I have also heard personal encounters. I suggest any of you who have an opinion supporting Barbara (in this incident, I am not commenting on any of her other actions) or Mr. Rand in any of his altercations/incidents with Sigma Nu Fraternity or Bradley Students strongly consider what you think you know. I happened to develop a somewhat personal relationship with a few of my neighbors that were involved in some of these issues. Mr. Rand was completely out of line in every instance that he dealt with these kids. I have personally watched him drive through our neighborhoods at less than 5 miles an hour taking pictures of people/houses/properties. I have seen him peeking over other people’s fences taking pictures. I have seen him breaking laws. I have seen him harassing people worse than he claims to have been harassed. Andrew is not the only one up at 5 a.m.. We see this too. I have no personal vendetta against Andrew Rand, I just think it is time for some of these truths to become public.
On another note since this lawsuit originally was filed, I understand things have become somewhat more tolerable for all who are involved. If this is untrue I request additional feedback, but from what I have noticed things have been better around our district. Maybe this thread and this issue is no longer relevant.
Also: I humbly request that this post not be removed from these boards, as most that do not directly support Rand/Van Auken have been.
Thank you.
A drunk city councilwoman going after supposed drunk frat boys. How low can Peoria sink? And some people think her drunken behavior was fantastic representation. Pathetic.
I find Ms. Van Auken irritating to say the least. I don’t like that she thinks she can do and say almost anything. She also needs to know that she has alot of nerve asking for coffee when she goes to city hall. Do you think the city has enough money to pay for coffee? No. They instead run down the street and buy her a cup of coffee. Please, Ms. Van Auken, stop and buy your coffee before you arrive from now on.
Nothng political about bringing this suit, eh?As soon as it was dimissed, the boys say “no mais”!
RS: She wouldn’t have been there if they weren’t having a noisy party. fault remains with the frat. And there’s no law against being a little tipsy if you aren’t bothering anyone else.
Sud O. Nym,
Yes I did attend the press conference and stayed on the sidewalk in the public right of way until invited on the property and after the press conference was over.
I attended for one reason. The six previous months, the Administration refused to provide various bits of valuable information that citizens had called me about and that I had requested in writing of the Police Chief and later the City Manager.
I had asked for the Section of the Municipal Code which the Fraternity had been cited and a copy of the ticket
I RECEIVED NO RESPONSE
I asked for call logs to document whether Peoria Police Officers had been redirected from other calls of a higher call nature, ie, home invasion, residential burglary, etc. This would also confirm number of units that responded.
I RECEIVED NO RESPONSE
I also requested telephone logs from City parties involved as it had been reported that calls to Mayor were made.
I RECEIVED NO RESPONSE
I also asked for confirmation that the last responding Peoria Police Officers wrote the ticket and how that could be possible unless they in fact had heard any loud noise. (see first item)
I RECEIVED NO RESPONSE
I asked for a copy of the tape in which the initial call was called in.
I RECEIVED NO RESPONSE
While going to the press conference many of the items were not under control of the Fraternity or their Attorney, I was to hear the Fraternity Side (my first and only contact with Fraternity and it’s lawyer) and at least able to read the Ticket that was issued to the fraternity and get the Section cited, read it’s Incident Report and the reason which was not based on hearing any noise that the ticket was issued.
From my standpoint the information that various persons wanted and requested thru me should have been made available immediately after the October 08 incident so that a clear understanding of what happened as well as what did not happen would have been clearly evident at face value.
The Police Chief, Peoria Police Department, City Manager and no doubt certain Elected individual(s) did not feel that total disclosure and transparency was the best way to get this incident closed. Perhaps the reason over a year later , it is still being discussed.
Billy Dennis,
If it had been me, the Peoria Police Department would have arrested me for TUI Trespassing Under Influence, impounded my shoes, car, and hauled me to jail while immediately releasing every bit of data, information, tapes, reports…………………
I’d still try and hoist you on my shoulders, Gary. You are a true asset to this community.
So true, Gary!
I’m sick of the “Loud fraternity party” comments. That is not an excuse for her to be there, because there clearly was no “loud party” what-so-ever. There was under 13 people minding their own business. Did anyone read the police reports? You sound ignorant.
Shedding light:…….ARE YOU KIDDING!!!!!! YOU HAVE NO IDEA!!!!!!!!!!!!! I dont know what planet you are on but its time to come back!!! Know what you are saying before you give false info!!!!! I applaud these wonderful people for taking care of the problem. You must have some personal problem with them thats why you are saying all this. I can honestly say I did NOT vote for BVA, the first election, nor did I contribute any $ to her 2cnd election, but I did vote for her. She has done a great job for all!!!!! And for Mr. Rand…GIVE ME A BREAK!!!! PEERING OVER FENCES…NOT HIM SWEETIE!!!!!!!!!!!! He loves this area and it shows…so don’t hate…not a good attribute! This area has changed to the better, as homeowners we are tring to clean it up! KUDOS TO MR.RAND!!! Tell me why it’s still 1 group???? Meetings with Bradley and being satisfied???? WHAT???? I’m waiting!!!
I don’t know what planet you are on because it’s not planet reality. I have no reason to make that up. I have seen him peering over fences taking pictures. So yes that is him. He has put more miles on that silver truck of his spying and circling Barker and Fredonia creepily at 5 in the morning than I can probably count. He must have won the lottery to pay his phone bill for the thousands of false reports he has called in to the police department. Why do you think they stopped listening to him? Because he is the boy who cried wolf over and over in his desperate attempt to make peoples lives hell.
Ask him if he does these things. Ask him if he has circled people in his truck badgering/harrassing them for no apparent reason. If he says he hasn’t than a liar can be added to the list of negative attributes this man possesses. Whether you believe me or not these are facts and I’m sorry you are naive to them.
Oh, and here is an interesting idea. Maybe the fraternity people knew exactly what would happen that night. Maybe they had a few people outside quietly enjoying their weekend because they wanted to make an example of the harrasment they were sure to receive if they wandered outside of their house. Maybe they MADE SURE not to have loud music, be drunk, or be obnoxious because they were inviting these actions provoked by nothing to SHED SOME LIGHT on the situation.
Just a thought…
Shedding light, ohhhh I get it you’ve been busted before…..got it..!!!!…
Shedding light: Look to whoever you may be, you honestly dont know anything, you probly sit on your porch at 5 in the morning spying on your neighbors waiting for them to do something wrong, so you can go back and tell all you friends about it, since you have nothing better to do. The whole thing looking over fences? This isn’t some desparte house wifes episode. This is reality. If you were part of this neighborhood you would then understand what is going on. Obviously your not. Personly i am sick of the loudness from the frat house. Maybe they shouldnt of built the frat houses so close to a real neighborhood. Come back to Reality Shedding Light?!
And to Fed up: you are right.
Reality
Gary: Judging by the behavior of the Peoria Police Department in the past, you may be right.
There’s a different city council and a different Chief of Police, so maybe not.
And “Shedding Light” is doing exactly the opposite.
And if BU students don’t want to be hassled by Peoria residents, they ought to do their loud drinking parties inside their own homes.
You live near a college campus, parties happen. Deal with it.
Yeah! Frats can’t behave so you should move. Uh huh.
These threads are pointless because no one has the facts except the people that were there… the BU Students, the police, and the town drunks.
Here is an interesting notion to ponder. All the arguing (including me) has to do with history and who is right and who is wrong in this whole battle. No one seems to talk about ONLY THAT NIGHT. Were there any laws broken THAT NIGHT… Check the police reports. There were laws broken, but not by the frat boys. Any regular citizen would have been in jail that night for what Barbara (and to a way lesser degree Sid and Andy) did THAT NIGHT. There is no way you can dispute those facts.
Although you will surely try and I anxiously await your attempt.
Maybe if you have your hearing aid in, and your glasses on you would know exactly what happened. Apparently they weren’t on you, thats okay we all have senior moments. Maybe the history you know isn’t right AT ALL and you need to stop sharing false information. The so called “arguing” wouldn’t even of happened if you didn’t start things, but like I said before you probly sit go to all your little “friends” and gossip, because you have nothing better to do. The laws broken that NIGHT and EVERY night is the loudness, and craziness of the Bradley students, and last i checked there was a noise ordinace in Peoria about that. They (Bradley students) broke it. That night started everything, but it was going on for the past couple years here, and it needs to stop.
I know the facts, so I don’t have to check anything out, but I strongly encourge you too, since you think your “so right”. Being wrong, which you are on this, MAY shape you to a somewhat better person. You learn from your mistakes, and heres number one.
I’ll try to get some of my fellow friends or me personally to come and wave to you at 5 in the morning while you are spying on your neighbors, and maybe bring you some donuts and coffee!
-or would that be breaking the law?!
There was no noise from the street. The police could not even hear the people from the street directly in front of their house. That is certainly not breaking any noise violation. This is so irritating. I’m right, you’re wrong. (On this matter) Unless of course the police officers all lied in their reports. And if you claim that, I feel truly sorry for you and continuing this conversation is only making me dumber.
The police at that time had no issue writing noise tickets. If there was an issue that night they would have written one.
Oh, and nice comments about hearing aids, glasses, donuts and coffee. That was extremely relevant and I commend you for being so hilarious. People tend to move to useles humor (and bad humor at that) when they have nothing important, relevant, or accurate to say.