Find Court Cases > Go Back to List > AIDA v. Time Warner Entertainment Co.

AIDA v. Time Warner Entertainment Co.

Case Date: 06/28/2002
Court: 1st District Appellate
Docket No: 1-01-3827 Rel

THIRD DIVISION
June 28, 2002

 


No. 1-01-3827


AIDA, an Illinois not-for-profit corporation,

                      Plaintiff-Appellant,

          v.

TIME WARNER ENTERTAINMENT
COMPANY, L.P., a Delaware limited
partnership,

                      Defendant-Appellee.

)
)
)
)
)
)
)
)
)
)
) 		Appeal from the
Circuit Court of
Cook County.





Honorable
Richard A. Siebel,
Judge Presdiing.
 

JUSTICE SOUTH delivered the opinion of the court:


This case arises from the trial court's order granting Time Warner EntertainmentCompany's (Time Warner) motion to dismiss the complaint of the American Italian DefenseAssociation (AIDA).

AIDA, an Illinois not-for-profit organization made up of over 100 members, was formedfor the following purpose, set forth in its articles of incorporation:

"The corporation is organized *** for *** educational purposes, to-wit,the education of the public concerning the history, culture, language andcustoms of immigrants to the United States from Italy, and the artistic,political, scientific and educational contributions made by such persons toAmerican society; and further including, for such purposes, the oppositionby lawful means of all forms of negative stereotyping, and defamation ofItalian Americans."

On April 5, 2001, AIDA filed a complaint for declaratory judgment against Time Warner. In its complaint, AIDA sought a declaratory judgment from the trial court "that various episodesof The Sopranos alone or the series when taken as a whole, breaches the Individual DignityClause of the Illinois Constitution with respect to Italian Americans individually or as a group byreason of, or by reference to, the ethnic affiliation of the characters portrayed in that program."

The individual dignity clause of the Illinois Constitution provides:

"Individual Dignity.

To promote individual dignity, communications thatportray criminality, depravity or lack of virtue in, or that inciteviolence, hatred, abuse or hostility toward, a person or group ofpersons by reason of or by reference to religious, racial, ethnic,national or regional affiliation are condemned." Ill. Const. 1970,art. I,