The Illinois Hotel and Lodging Association v. Ludwig

              FIFTH DIVISION
May 18, 2007
No. 1-06-2228
THE ILLINOIS HOTEL AND LODGING ) Appeal from the
ASSOCIATION, an Unincorporated Association, ) Circuit Court of
) Cook County.
Plaintiff-Appellant, ))
v. ) No. 05 CH 13796
)
ART LUDWIG, Director, The Department )
of Labor, AND UNITE HERE LOCAL 1, ) Honorable
) James F. Henry,
Defendants-Appellees. ) Judge Presiding.
PRESIDING JUSTICE O'BRIEN delivered the opinion of the court:
Plaintiff, the Illinois Hotel and Lodging Association, filed a declaratory judgment action
against defendant, the Director for the Illinois Department of Labor, seeking to have section 3.1
of the One Day Rest in Seven Act (the Act) (820 ILCS 140/3.1 (West Supp. 2005)) declared
unconstitutional on the grounds that it violated the Illinois Constitution's prohibition against
special legislation, as well as the equal protection clauses of the Illinois Constitution and United
States Constitution, and the supremacy clause of the United States Constitution. The trial court
granted defendant Unite Here Local 1 leave to intervene. The parties filed cross-motions for
summary judgment. The trial court found that section 3.1 of the Act passes constitutional muster
and granted defendants' motion for summary judgment. Plaintiff appeals. We affirm.
Plaintiff is a statewide trade association of Illinois hotels with members operating hotels in
Cook County. Plaintiff's purpose is to promote the welfare and interests of its members and of
the hospitality industry in general.