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Published in the Daily Law Bulletin on July 16, 2026
Where a public body knowingly continues violating the Freedom of Information Act's response deadlines without a valid statutory basis, civil penalties may be imposed based on this noncompliance, without any separate showing of a dishonest purpose.
The 1st District Appellate Court reversed and remanded a decision by Cook County Circuit Judge Eve M. Reilly.
Lucy Parsons Labs submitted a Freedom of Information Act request to the Chicago Police Department in November 2022 seeking emails sent or received by a named officer over an 11-month period containing the terms "Criminal Enterprise Information System" or "CEIS." The department acknowledged receipt, took one proper five-business-day extension, then asked for a second five-day extension because of portal issues and a backlog. Also, it later told plaintiff it had received the records and would review and redact them. Then it said the request was pending review and approval. But no records were produced, no valid exemption was timely invoked, and more than two months passed with the request still unanswered. In February 2023, Lucy Parsons Labs filed suit seeking declaratory and injunctive relief, attorney fees and costs, and civil penalties under FOIA.
The department denied violating F O I A's deadlines and only later suggested that some records might be exempt. After plaintiff moved for partial summary judgment, the circuit court entered an agreed order in July 2023 requiring production of the responsive records, which the Department then produced a few days later. Plaintiff sought fees, costs and civil penalties. The court granted attorney fees but initially rejected the penalties request as procedurally improper, then later held an evidentiary hearing devoted to civil penalties. At that hearing, the department's FOIA officer admitted he knew the statutory deadlines, knew the request was overdue, and had completed review by late December 2022 but failed to send the response for supervisory approval and knew about this mistake for months while the lawsuit was pending. The circuit court ultimately found the department's conduct was willful and intentional but denied civil penalties because it believed existing case law required proof of bad faith in the form of a dishonest purpose.
On appeal, the key dispute was what a plaintiff must prove before civil penalties may be imposed under section 11(j) of FOIA. Lucy Parsons Labs argued that the statute is written disjunctively: penalties are required if a public body willfully and intentionally failed to comply with FOIA, or otherwise acted in bad faith. In its view, the trial court erred by importing an extra requirement of "dishonest purpose" even after finding willful and intentional noncompliance. The department answered that prior appellate decisions required that a public body must have acted deliberately, by design, and with a dishonest purpose before penalties could be imposed.
The appellate court agreed with Lucy Parsons Labs. It held the circuit court applied the wrong legal standard. Reading section 11(j) according to its plain language, the court concluded the phrase "or otherwise acted in bad faith" is a catchall, not an added element that converts the statute into a conjunctive test. In other words, a willful and intentional failure to comply with FOIA is enough to support penalties, and bad faith is an alternative route, not an additional hurdle. Here, the circuit court had already found that the department knew the law, knew it had violated the law, had no good reason to continue doing so, and continued anyway. That finding was not against the manifest weight of the evidence. Because the department's continued delay after it became aware of its violation constituted willful and intentional noncompliance, the denial of civil penalties could not stand. The appellate court therefore reversed and remanded for the circuit court to determine the appropriate amount of penalties.
The appellate court therefore reversed and remanded the decision of the circuit court.
LUCY PARSONS LABS V. CHICAGO POLICE DEPARTMENT
2026 IL App (1st) 250205
Writing for the court: Justice Jesse Reyes
Concurring: Justices LeRoy K. Martin Jr. and Bertina E. Lampkin
Released: June 30, 2026
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FOR IMMEDIATE RELEASE: August 7, 2026 Media Contact Information: Aunt Millie's Bakeries Melissa Koeneman, director of marketing (260) 417-2581 mkoeneman@auntmillies.com
John F. Popp, President of Aunt Millie’s Bakeries
FORT WAYNE, Indiana — Aunt Millie’s Bakeries is deeply saddened to announce the passing of its President John F. Popp, who died on Friday, July 31, at the age of 94. A third-generation member of the family business, John’s leadership, optimism, faith, and unwavering commitment to people helped shape the company and its culture for more than four decades. John Franke Popp was born March 2, 1932, to Lucile and Les Sr. Popp. He grew up with his older brother, Les Jr., on Forest Park Boulevard in Fort Wayne and graduated from Northside High School in 1950. He went on to attend the University of Michigan, graduating in 1954, and entered the U.S. Army that same year. He served as a second lieutenant before returning home following his military service. John was offered an opportunity to begin a career as an analyst with T. Rowe Price, but his path ultimately led him back to Fort Wayne and the family bakery. At his mother’s urging, he returned home to join the business — a decision that would shape not only his own life, but the future of generations of the Popp family and Aunt Millie’s employees. Long before his career in baking, John developed a love for Lake Wawasee and water skiing, eventually becoming the Indiana state slalom water ski champion. It was at the lake that he met Esther Rolene, the love of his life. They married on June 19, 1960, and spent the next decades building a life together, raising two sons and creating countless memories with family and friends. Even with the demands of running a growing company, John made time for what mattered most, including cheering his sons on from the sidelines at their baseball and football games.
John F. Popp and his wife, Esther Rolene Popp
In 1967, John stepped away from the family bakery to pursue a career in real estate, where he developed the subdivisions of Devil’s Hollow, Manitou, Lakewood, West Hamilton Estates, White Loon, and Winding Brook. In 1980, he returned to Perfection Bakeries, where he helped guide the company through a period of significant growth and expansion. The company that would become known as Aunt Millie’s grew under his leadership into one of the largest family-owned baking companies in the United States. John viewed the people around him as an important part of that success. He loved being part of the team and was known for his optimism, encouragement, and genuine care for employees. His leadership was not simply about growing a business; it was about building an organization where people could grow, contribute, and feel that they were part of something bigger than themselves. A third-generation leader of the family-owned bakery founded in 1901, John was deeply committed to protecting and building upon the legacy established by his grandfather, John B. Franke. His influence also reached beyond Aunt Millie’s. He was a passionate advocate for independent bakeries across the country, working with industry organizations to strengthen and protect family-owned businesses. He believed in the importance of education and workforce development and encouraged lifelong learning within the company while supporting the next generation of leaders in the baking industry. In recognition of his contributions to the baking industry, John was inducted into the Baking Hall of Fame by the American Society of Bakers and Engineers in 2021. He also served the state of Indiana after being appointed by Governor Mike Pence to serve on the Indiana Commission for Higher Education. While John’s professional accomplishments were many, those closest to him knew that his faith and family were at the center of his life. He cherished Bible Study Fellowship and worshiped at The Chapel and Wawasee Lakeside Chapel. He was quietly generous and found joy in serving others through organizations including the Euell Wilson Center, Women’s Care Center, and Ratio Christi. John enjoyed spring breaks in Florida, trips to Maine, his ’61 Corvette, and working on projects at the lake. He appreciated the simple pleasures of life, but most of all, he loved his family. His greatest legacy will not be measured solely by the company he helped build, but by the family he loved, the people he encouraged, the lives he touched, and the values he carried with him throughout his life. “John Popp believed that success was built on people,” said Rick Brown, Chief Customer Officer. “He cared deeply about our employees, our customers, our communities, and the generations of families who have made Aunt Millie’s a trusted name. His leadership was defined by humility, kindness, and an unwavering commitment to doing what was right.” John’s passing leaves a tremendous loss for the Popp family, the Aunt Millie’s family, and the many people and organizations whose lives he touched. While the company mourns his loss, Aunt Millie’s leadership team remains committed to carrying forward the mission, values, and legacy John championed throughout his life. Daily operations will continue uninterrupted as the company moves forward under its established leadership plan. The Popp family extends its heartfelt appreciation for the many expressions of sympathy and support received during this difficult time. Memorial service information will be shared at a later date. About Aunt Millie’s Bakeries Founded in 1901 in Fort Wayne, Indiana, Aunt Millie’s Bakeries is one of the largest family-owned bakeries in the Midwest, serving customers across six states with fresh bread, buns, rolls, bagels, and other baked goods. For more than a century, the company has remained committed to quality, innovation, and serving the communities it calls home.
FOR IMMEDIATE RELEASE: July 21, 2026 Media Contact Information: Michael Korman, highway commissioner North Township Road District (847) 728-7055 mike.korman@northfieldtownship.com
Northfield Township Road District’s Phase II project placed in Group 1, the top tier, of MWRD’s 2026 Stormwater Partnership Program; construction could begin as early as 2027
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