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Subject: Illinois Girls'/Women's Court Decision
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An update on the AHAI/Women's Hockey court suit.
Subject: Johnny's Chicago Chill.htm
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN
DIVISION
JOHNNY'S lCEHOUSE, INC., et al.,
Plaintiffs, Case No. 00 C 7363
v.
AMATEUR HOCKEY ASSOCIATION ILLINOIS, INC., et al.,
Defendants.
Judge Milton I. Shadur
Magistrate Judge Morton Denlow
SETTLEMENT AGREEMENT
1 . Plaintiffs Johnny's IceHouse, Inc., et al. (hereinafter the
"Plaintiffs"), commenced this action against Defendants Amateur Hockey Association of
Illinois, Inc. ("AHAI"), Richard Becker, Jay Cohen, Michael Lebarre, Kevin Mann,
Robert Saliba, Norman Spiegel, and Advanced Arenas, Inc. (hereinafter
collectively referred to as the "Defendants"). Plaintiffs and Defendants have agreed to
enter into this Settlement Agreement for the purpose of terminating this
action, encouraging the growth and development of amateur hockey for girls in
Illinois, and providing equal opportunities to all amateur hockey players in
Illinois regardless of sex.
2. Plaintiffs and Defendants mutually and voluntarily have agreed to settle
this action, and the result is this Settlement Agreement. The parties agreed to
submit the remaining unresolved terms of the settlement to the final and
binding determination of Magistrate Judge Morton Denlow of the United States
District Court for the Northern District of Illinois, pursuant to the parties'
letter agreement, which is attached here as Exhibit 'A,' and made a part hereof.
The parties were permitted to and did present the Court with written
evidentiary submissions in support of their respective positions. Both parties also made
oral argurnents to Judge Denlow on May 2 and May 6, 2002. No limitations were
placed on either the written submissions or on oral argument, and both
parties agree that they were given a full and fair opportunity to be heard on all
relevant issues. This Settlement Agreement embodies determinations made by Judge
Denlow, after his consideration of the parties' positions, and all relevant
facts and circumstances, as well as separate agreements made by the parties.
APPLICABILITY
3. This Settlement Agreement shall apply to and be binding upon Plaintiffs
and Defendants, as well as their respective officers, directors, servants,
employees, agents, successors, affiliates, assigns, and those persons acting in
concert with them. Defendants shall not raise, as a defense to any action to
enforce this Settlement Agreement, the failure of their respective officers,
directors, servants, employees, agents, successors, affiliates, or assigns to take
such action as shall be required to comply with the provisions of this
Settlement Agreement.
NON-ADMlSSION OF LIABILITY
4. Plaintiffs and Defendants stipulate that this Settlement Agreement is
entered into for purposes of settlement only and that, by entering into this
Settlement Agreement, Defendants do not admit liability for any alleged
discrimination or any other act alleged in the lawsuit. Neither the fact that a party has
entered into this Settlement Agreement, nor any of the facts or conclusions
stated herein, shall be used for any purpose in this or any other proceeding
except to enforce the terms hereof by the parties to this agreement.
AUTHORIZATION
5. The undersigned representative for each party certifies that he or she is
fully authorized by the party(ies) whom he or she represents to enter into the
terms and conditions of this Settlement Agreement and legally bind the
party(ies) he or she represents to the Settlement Agreement.
CONSULTATION WITH COUNSEL AND OTHER ADVISORS
6. The parties to this Settlement Agreement represent that they have entered
into this Settlement Agreement after full and complete consultation with their
respective counsel and such other advisors as they consider appropriate, that
they understand the effect of this Settlement Agreement, and that they have
had an adequate opportunity to consider all alternatives that may be available
to them.
RETENTION OF JURISDICTiON
7. This Settlement Agreement is entered into under the authority and made a
part of an Order of Dismissal to be entered by Judge Denlow, which is attached
here as Exhibit 'B.' Magistrate Judge Morton Denlow, of the United States
District Court for the Northern District of Illinois, shall retain jurisdiction
over this Settlement Agreement until four (4) years from the day in June 2002 on
which the AHAI Annual Meeting is held. Judge Denlow shall retain jurisdiction
over this matter for the purposes of interpreting, implementing and enforcing
the terms and conditions of this Settlement Agreement and for the purpose of
adjudicating all matters of dispute among the parties under this Settlement
Agreement.
COMMITMENTS BY DEFENDANTS
8. In consideration of the undertakings of Plaintiffs stated herein,
Defendants agree to fulfill the following commitments in good faith.
Reconstitution of the AHAI Girls' and Women's Committees
9. AHAI has represented that at some point during the 2001-2002 playing
season, the AHAI Girls' and Women's Committee has been divided into two separate
committees. The AHAI Girls' Committee shall continue to be a separate committee
and will continue to focus on the developmental needs of young female hockey
players aged I9 years and younger. Beginning with the 2002-2003 playing season,
the members of the AHAI Girls' Committee shall consist of one representative
from each of the associations or organizations that have one or more girls'
teams. Each such association or organization that wishes to have a
representative to the Girls' Cornmittee shall submit the name of its representative to the
chairperson of the committee. Additionally, each association or organization
may select an alternative representative, who may attend Girls' Committee
meetings in the absence of the association or organization's primary
representative. The President of AHAI shall have final approval of each association or
organization's selected representative and, if the association or organization
selects one, an alternate representative, to serve on the Girls' Cornmittee. Each
association or organization shall have only one vote on the AHAI Girls'
Committee.
10. The AHAI Women's Committee shall continue to be a separate committee, and
will continue to be devoted solely to the recreational and other needs of
adult female hockey players over the age of 19. Beginning with the 2002-2003
playing season, the members of the AHAI Women's Committee shall consist of one
representative from each of the member associations or organizations that have
one or more Women's teams. Each such association or organization that wishes to
have a representative to the Women's Committee shall submit the name of the
representative to the chairperson of the committee. Additionally, each
association or organization may select an alternative representative, who may attend
Women's Committee meetings in the absence of the association or organization's
primary representative. The President of AHAI shall have final approval of each
association or organization's selected representative and, if the association
or organization selects one, an alternate representative, to serve on the
Women's Committee. Each association or organization shall have only one vote on
the AHAI Women's Committee.
11. The Chairperson(s) of each of these AHAI committees shall be appointed by
the President of AHAI in accordance with the AHAI By-Laws. For each of the
next four (4) playing seasons, beginning with the 2002-2003 playing season, the
President of AHAI must appoint as Chairperson(s) of each of these committees
either (i) a woman or (ii) an individual directly involved with a girls' or
Women's hockey team, respectively.
12. If the AHAI Girls' Committee recommends, the Board of Directors of AHAI
(the "Board of Directors'') shall consider the creation of a separate Girls'
Player Development/Evaluation/Identification Committee, which will have the
responsibilities for girls' hockey that the current AHAI Player
Development/Evaluation/Identification Committee currently had for both youth and girls' hockey.
Creation of a Special Fund for the Promotion of Girls' Hockey
13. During the course of the next four (4) years, AHAI shall commit to spend
at least one hundred fifty-thousand dollars ($150,000) on a special fund for
the promotion and growth of girl hockey players in Illinois ('Special Fund').
AHAI also shall commit to add an additional dollar to the Special Fund for
every dollar donated to the fund, up to a maximum of fifty thousand dollars
($50,000) over the next four (4) years. The money in the Special Fund is in addition
to the money that AHAI already spends on programs, events, and other
activities for girl hockey players as part of its administration of girls' hockey in
Illinois. Additionally, any and all revenue generated by any AHAI programs,
events and other activities for girls-only hockey funded by the Special Fund
shall be added to the Special Fund.
14. One of the responsibilities of the AHAI Girls' Committee will be to
develop and propose new and additional programs, functions or otherwise to develop,
encourage and increase the number of girl hockey players in Illinois,
especially at the introductory levels. The money from the Special Fund shall be used
for new programs not already in existence. The money from the Special Fund
shall not be used to support current programs, events and activities for girl
hockey players. AHAI has represented that this past year, during the 2001-2002
playing season, AHAI spent approximately forty five thousand dollars ($45,000)
of AHAl's approximate total budget of eight hundred fifty thousand dollars
($850,000) on events, programs and activities for girls-only hockey.
15. The Girls' Committee shall set a target goal for the increase in the
number of girls hockey players in Illinois over the next four years. The target
goal will be submitted to the Board of Directors, and if approved, be supported
by the Board of Directors. Money from the Special Fund can be used to
advertise and communicate the target goal with respect to the increase in girls hockey
to the membership.
16. AHAI, primarily through the AHAI Girls' Committee, will use its best
efforts to advertise and communicate to its membership both this target goal and
its creation of the Special Fund. The AHAI Girls' Committee will use its best
efforts to communicate AHAl's willingness to make AHAI resources - including,
but not limited to, moneys from the Special Fund available for the promotion
and development of girls' hockey, including attainment of the target goal.
Written Rules, Criteria and Schedules for Girls' Hockey
17. AHAI will publish a written schedule of the prograrns, events and
activities that AHAI for girls-only hockey in the same manner and at the same time as
AHAI does for youth hockey. AHAI will be excused from publishing a specific
girls' program, event or activity only if the AHAI Girls' Committee decides in
good faith that such publication is not advisable. AHAI is free to schedule
and hold additional activities, such as developmental clinics, for girls-only
hockey that AHAI, in good faith, did not foresee at the start of the season.
18. AHAI will publish written criteria and rules for the Illinois girls'
State Tournament in the same manner and at the same time as it does for Illinois
youth hockey State Tournaments. AHAI will be excused from publishing a written
rule or criterion for the girls' State Tournament only if the AHAI Girls'
Committee decides in good faith that such publication is not advisable.
19. The Board of Directors shall adopt a Rule and Regulation that
affirmatively encourages all member teams to play in leagues that are properly registered
or have applied to register as a not-for-profit organization under Section
501(c)(3) of the Internal Revenue Code and that have written bylaws, rules and
regulations, including written criteria for admission into the league, and will
assist in making such information available.
Special By-Laws, Rules and Regulations Subcommittee
20. The Board of Directors shall immediately appoint a Special Subcommittee
of the AHAI Girls' Committee ('Special Subcommittee') for the purpose of
proposing By-Laws, Rules and Regulations to promote and develop girls' hockey in
lllinois. The Special Subcommittee shall draft any new, or revise any existing,
By-Laws, Rules and Regulations as it feels necessary to promote, develop,
administer, and encourage girls' hockey in Illinois.
21. The Special Subcommittee shall submit any proposed By-Laws, Rules and
Regulations to the AHAI Girls' Committee for its approval.
22. Any proposed Rules and Regulations approved by the AHAI Girls' Committee
shall be submitted to the Board of Directors for its approval and adoption.
23. Any proposed By-Laws approved by the AHAI Girls' Committee shall be
submitted to the Board of Directors for its approval, and if approved, to a member
vote in accordance with existing AHAI By-Laws. The Board of Directors shall
support and use its best efforts to promote and gain passage of such approved
proposed By-Laws.
24. The Special Subcommittee shall be comprised of two (2) members chosen by
Plaintiffs and three (3) members of the AHAI Girls' Committee chosen by the
president of AHAI. The Special Subcommittee members selected from the AHAI
Girls' Committee may be changed when the AHAI Girls' Cornmittee is reconstituted
with the start of the 2002-2003 playing season.
Women and Representatives of Girl's Hockey In AHAl's Leadership
25. The President of AHAI shall appoint Sarah Teuting as a Director to fill
the open position on the Board of Directors that is scheduled to expire in June
2003. Ms. Teuting shall be appointed no later than the first meeting of the
Board of Directors following the June 2002 AHAI Annual Meeting. Ms. Teuting
shall be eligible to run for a Director position following the expiration of her
appointed term and shall be entitled to serve, if elected, for additional
terms as set forth in the AHAI By-Laws.
Nomination Process for The Board of Directors
26. Consistent with the AHAI By-Laws (art. IV, §§ 1, 6-9, art. V, § 3, art.
VII, § I (C)). at the June 2002 AHAI Annual Meeting, five (5) Directors of
AHAl's Board shall be elected. Any AHAI member may nominate any number of
individuals for the open Director positions. AHAI members present at the AHAI Annual
Meeting shall vote for five (5) individuals from a list of all the nominations.
For the June 2002 Annual Meeting only, the names and biographies of any
proposed candidates shall be submitted to AHAI no later than May 15, 2002
27. The Board of Directors agrees to support the passage at the June 2002
AHAI Annual Meeting of the following By-Laws regarding the process for electing
AHAI Directors:
(a) The AHAI Nominating Committee shall be responsible for soliciting and
collecting the names of individuals who wish to be considered on an individual
basis for election to the Board of Directors.
(b) Within sixty (60) days of the Annual Meeting, the AHAI Nominating
Committee shall inform the voting membership by mail of the requirements and
deadlines for becoming a candidate for election. Within forty-two (42) days (or six
(6) weeks) of the Annual Meeting any adult individual who wishes to run for
election to the Board of Directors shall submit his or her name, as well as a
written biography, to the AHAI Nominating Committee. No later than twenty-one (21)
days (or three (3) weeks) before the Annual Meeting, the AHAI Nominating
Cornmittee shall disseminate to the voting members of AHAI, by mail and by
publication on AHAI's web site, a list of all names submitted and copies of their
biographies.
(c) The Board of Directors or any AHAI member may issue an endorsement of or
opposition to any candidate only as follows. No such endorsement or opposition
may disparage or demean any candidate. The Board of Directors may issue a
position paper on any candidate only if it includes in the same mailing to the
membership any other position papers submitted by any AHAI member for that
candidate. Any AHAI member who wishes to send out a position paper in the same
mailing with the AHAI Board's position paper will pay his or her proportionate
share for the expense of creating and mailing the position paper. The AHAI Board
or any AHAI member each may issue only one (1) position paper on each
candidate, and the single position paper can be a maximum of one (1) page, but
two-sided.
(d) At the AHAI Annual Meeting, the present voting members shall vote for
five (5) individuals from the list of nominations. The votes shall be counted by
members of the Nominating Committee and overseen by an AHAI Officer. The top
five (5) individuals garnering the most votes shall be elected as Directors of
AHAI's Board.
Term Limits for Directors
28. The Board of Directors shall draft and use its best efforts to enact a
By-Law setting forth term limits for members of the Board of Directors as
follows:
(a) Each Director of AHAI's Board shall be limited to serving two (2)
consecutive terms of three (3) years each. If the Director is not appointed to an
Officer position at the end of his or her second Director term, he or she must
remain off the Board for a period of two (2) full years. If an individual who
has served two (2) consecutive terms wishes to run for re-election to AHAl's
Board, he or she may do so after two (2) years have passed since he or she last
served on AHAI's Board.
(b) The term limits shall apply prospectively from the date on which the
Settlement Agreement is entered.
(c) If a Director is appointed to fill a vacant Director's spot, that partial
term shall not constitute one of the two (2) consecutive limiting terms.
(d) This By-Law will be presented and supported by AHAI's The Board of
Directors at the June 2002 AHAI Annual Meeting.
Resignations of Individual Defendants
29. Two letter agreements have been provided to Judge Denlow, which will be
enforceable in accordance with this Settlement Agreement.
Conflict of Interest Policy
30. In compliance with its Affiliate Agreement with USA Hockey, AHAI shall
adopt a conflict of interest policy that is the same as or substantially similar
to the policy contained in the USA Hockey 2001-2002 Annual Guide.
Allocation of Ice Rink Time
31. For each of the next four (4) years, AHAI will increase by at least one
(1) the number of ice rinks in lllinois other than its home rink from which
AHAI purchases ice time. AHAI's home rink is The Edge ice arena located in
Bensenville, Illinois. AHAI has represented that this past year, during the
2001-2002 playing season, AHAI purchased ice time at eight (8) rinks other than its
home rink. Therefore, during the first year of the Settlement Agreement, AHAI
shall purchase ice time at no fewer than nine (9) rinks other than its home
rink; during the second year at no fewer than ten (10) other rinks; during the
third year at no fewer than eleven (11) other rinks, and during the fourth year
at no fewer than twelve (12) other rinks.
32. AHAI will purchase a commercially reasonable amount of ice time at each
of the non-home rinks that AHAI chooses to use. For the next four (4) years,
AHAI will use its best efforts to increase each year the total hours of non-home
ice time that AHAI purchases.
Attorneys' Fees And Costs
33. Within thirty (30) days of entry of this Settlernent Agreement, the
Defendants shall pay to Plaintiffs' attorneys three hundred fifty thousand dollars
($350,000) in full satisfaction of all costs and fees incurred in this
lawsuit, inclusive of any awards made by the Court and imposed against Defendants.
Release
34. Defendants release, waive and discharge Plaintiffs, their agents,
affiliates, assigns, employees, directors, officers, attorneys and representatives
from any and all liability for any statutory, constitutional and common law
violations based on acts or omissions occurring up to and including the date of
this Settlement Agreement.
35. Specifically excluded from this release are all claims, whether
statutory, constitutional, or common law, that Advanced Arenas, lnc. and/or Kevin Mann
have asserted, or may assert, against Lewis Kostiner, Annie Kostiner, Johnny's
IceHouse, Inc., Annie Properties, Inc., or any other related individuals or
entities, in Circuit Court of Cook County, Case No. 99 M1 707009 styled Annie
Properties. Inc. v. Advanced Arenas. Inc.. d/b/a Kevin Mann Hockey, Inc., or in
any subsequent action brought by Advanced Arenas, lnc. and/or Kevin Mann
premised on the business relationship between Advanced Arenas, Inc. and Annie
Properties, Inc. Also specifically excluded from this release are all claims,
whether statutory, constitutional, or common law that Advanced Arenas, Inc., Kevin
Mann, and/or Leon Lekai may subsequently assert against Lewis Kostiner, Annie
Kostiner, Johnny's IceHouse, Inc., Annie Properties, Inc., or any other
related individuals or entities, premised on statements made, either written or
oral, by Lewis Kostiner, Annie Kostiner, Johnny's IceHouse, Inc., Annie
Properties, Inc., or any other related individuals or entities concerning Advanced
Arenas, Inc., Kevin Mann and/or Leon Lekai, other than the statements contained
within the allegation in the First Amended Complaint.
COMMITMENT BY PLAINTIFFS
36. In consideration of the undertakings of Defendants stated herein and the
payment of three hundred fifty thousand dollars ($350,000) by Defendants in
attorneys' fees, Plaintiffs release, waive and discharge Defendants, their
agents, affiliates, assigns, employees, directors, officers, attorneys and
representatives, all present and former AHAI Board Members and Officers, Committee
Members, Teams, Associations, Organizations and/or Affiliates, Associate Members
and Players and Coaches of AHAI Registered Teams, from any and all liability
for the statutory, constitutional and common law violations that were alleged,
or could have been alleged, in the First Amended Complaint or Plaintiffs'
Draft Class Action Suit directed against USA Hockey, including proposed litigation
against USA Hockey. Plaintiffs agree to dismiss with prejudice their First
Amended Complaint in this action.
37. Specifically excluded from this release are all claims, whether
statutory, constitutional, or common law, that Lewis Kostiner, Annie Kostiner, Johnny's
IceHouse, loc., Annie Properties, Inc., or any other related individuals or
entities asserted or may assert against Advanced Arenas, Inc., Kevin Mann,
Kevin Mann Hockey, Inc., Leon Lekai, and/or any other related individuals or
entities, in Circuit Court of Cook County, Case No. 99 M 1 707009 styled Annie
Properties. Inc. v. Advanced Arenas. Inc., d/b/a Kevin Mann Hockey. Inc., or in
any subsequent action premised on the business relationship between Advanced
Arenas, Inc., Kevin Mann, Kevin Mann Hockey, Inc. Leon Lekai and/or any other
related individuals or entities and Annie Properties, Inc. and/or Johnny's
IceHouse, Inc. Also specifically excluded from this release are all claims, whether
statutory, constitutional, or common law that Lewis Kostiner, Annie Kostiner,
Johnny's IceHouse, Inc., Annie Properties, Inc., or any other related
individuals or entities may subsequently assert against Advanced Arenas, Inc., Kevin
Mann, Kevin Mann Hockey, Inc. and/or Leon Lekai, or any other related
individuals or entities, premised on statements made, either written or oral, by
Advanced Arenas, Inc., Kevin Mann, and/or Leon Lekai, or any other related
individuals or entities concerning Lewis Kostiner, Annie Kostiner, Johnny's IceHouse,
Inc., Annie Properties, Inc., or any other related individuals or entities,
other than the statements contained within the allegation in the First Amended
Complaint.
NON-DISPARAGEMENT
38. Neither Plaintiffs nor Defendants, nor any of their agents, shall
disparage, demean, or speak ill of any member of the opposing party.
TERMINATION
39. This Settlement Agreement shall terminate upon completion and
implementation of all of its terms and conditions.
WHEREFORE, the parties, by their representative or on behalf of themselves,
enter into this Settlement Agreement and submit it to the Court that it may be
approved and entered as part of the attached Order of Dismissal.
_______________________________________________
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