Sky Zone To Sue Orland Park If Business License Revocation Stands

ORLAND PARK, IL — Representatives of Sky Zone Trampoline Park fought to reclaim its business license at an appeal hearing with the Village of Orland Park Board of Trustees. Sky Zone reps said they are ready to file a lawsuit in Cook County if the village board does not overturn the village manager’s December decision to revoke the license. The trampoline park is located at 66 Orland Square Drive.

On Sept. 12, 2020, reports that Sky Zone was packed past capacity with minors, some of whom were unaccompanied, caused police from Orland Park and other towns to head to the facility. Initial reports from Orland Park officials indicated there was a fight inside Sky Zone, and more than 840 people inside.

Attorney Kevin Gerow, representing Sky Zone, said that number is inaccurate, adding there were about 842 tickets sales made during the whole day on Sept. 12, and the facility opened just after 9 a.m.

Gerow argued that after the business reviewed its security camera footage, it found 328 people were inside the trampoline park, below the occupancy limit of 642 people, when police arrived. Gerow also said there was no fight at the park. The village's hearing officer later said a 911 call tipping off that a fight had or was about to happen at the park is what prompted such a large police presence in the first place.

Gerow argued that in Illinois law, the state doesn’t have "unduly harsh" penalties for licenses, whether it is a liquor, business or any license that is governed by an administrative body.

"We are not shy about letting you all know that should the Village Board not overturn this revocation order, we will be filing a lawsuit to the Circuit Court of Cook County under the Illinois Administrative Review Act," Gerow said. "We are confident that there a judge will follow Illinois law and overturn the revocation, because we cannot under Illinois law have revocation orders that are unduly harsh."

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Gerow added, "It is unduly harsh when there isn’t a prior record here of suspensions, fines or problems. To go straight to revocation with no prior history is not something that happens in this country quite often, and it shouldn’t happen."

He also said the village manager's decision was biased, adding that he is unsure whether the possibility of racial tension in the area may have contributed to the revocation, but that it is something the Circuit Court may question.

"Revocation should only be entered and affirmed when there is no other resort and that a business is not willing to change its operations or solve issues and problems," Gerow said. He added that the business has since made operational changes, including:

• Limiting occupancy to 80 jumpers and 45 spectators at a time.
• Tracking the number of people in the building at all times.
• An increase in employees on site.
• Getting rid of glow night events
• Implementing private security on weekends.
• Closing at 9 p.m. rather than 11 p.m.
• Adding additional parking lot clean up during the week.

Gerow said when Sky Zone first received a hearing notice, he contacted Village Attorney Dennis Walsh for a meeting with Orland officials. Gerow said he presented these changes to the business but added that the initial discussion was "fairly one-sided," and that the village did not inform the business of what it should do next.

He said that he believes there are ways the business can improve and completely avoid a business license revocation. Gerow also said this is the only time an incident like this has happened at any Sky Zone location, and that the license should not have been revoked.

Donna Norton, the village's prosecutor, disagreed that the village should allow the business another chance.

"[The] decision of the hearing officer came after careful evaluation of approximately 20 hours of testimony, over three days from 12 witnesses. There's over 900 pages of transcripts, 39 items of evidence and hours of video," Norton said to the village board. "You should not overturn the hearing officer's order, unless you find that his decision was obviously erroneous and unsupported by the evidence presented ... The hearing officer's order on Dec. 17 stated that the village presented objective, reliable and persuasive evidence, along with credible witnesses and clear and convincing proof of serious violations of the Orland Park village code by Sky Zone."

Norton went on to say that four Orland Park officers who had initially responded to the 911 call remained in the parking lot area from 8:10 p.m. until 9 p.m. to help Sky Zone control the crowds of people. She added that there was no hired security that evening, and that police officers testified that the outside crowd was "unruly and consisting of young children, pre-teens and teenagers."

She also made note of an unaccompanied a 10-year-old child who was injured at the facility that night. She said the child was unaccompanied for about seven hours.

Norton added that one officer entered Sky Zone and had to "fight" through a large crowd of people who were cramped up in the locker area of the facility, after being told the business is closing for the night. Norton said the officer "testified that it took her 33 seconds to walk 20 to 30 feet," and that she had "no idea when the sea of people would end."

Video of the crowd was played at the meeting, showing flocks of people moving about the facility while the officer attempted to move in between them. Norton added that the safety of those at the facility that night was compromised by employee response.

It is unclear if a fight actually broke out inside Sky Zone that night. Officials also initially told Patch a lock-in event was being held, but Sky Zone officials said it was a glow night event. Since September, Patch has contacted Sky Zone on various occasions about that night, but Sky Zone never replied.

The Village Board adjourned to a closed session and a written decision for Sky Zone's license will be released at a later time. The time nor a time frame given.

Related:

840 People At Orland Sky Zone Fight: Mayor | Orland Park, IL Patch

Sky Zone Has 10 Days To Save License In Orland After Revocation | Orland Park, IL Patch