Originally Posted on March 19, 2020TO: ILLINOIS DEPARTMENT OF LABORFROM: CHICAGO FRATERNAL ORDER OF POLICEPRESIDENT KEVIN GRAHAMDATE: 18 MARCH 2020RE: RIGHT TO PRIVACY IN THE WORKPLACE______________________________________________________________________________This Exhibit A is to be read in conjunction with the complaint filed. The Chicago FraternalOrder of Police Lodge 7 (“FOP”) is the bargaining unit of all police officers and detectives of theChicago Police Department. The City of Chicago had an ordinance that required all citizens toregister their firearms with the city. This ordinance was applied to both police officers andprivate citizens. Under Chicago Police Department General Order U04-02 II-L, Uniform andProperty, all members of the Chicago Police Department were required to “register all duty andnon-duty firearms with the Department.” Illinois was forced under the Illinois Supreme Courtdecision of People v. Aguilar 2 N.E. 2d 321 (Ill. 2013), to enact a concealed carry statute. Thestate legislature then enacted a concealed carry law. Firearm Concealed Carry Act 430 ILCS 66.The Act specifically left the registration requirement of firearms to be determined by the State ofIllinois. 430 ILCS 66/90. The City of Chicago General Assembly recognized that it would be aviolation of state law to enforce the registration of firearms and repealed the local statute.However, the Chicago Police Department has taken the position that officers must still registerall of their weapons, be it a duty weapon, an off-duty weapon, or a sporting rifle with theDepartment. This is clearly a violation of state law as the above statute states “[a]ny ordinanceor regulation” that attempts to impose “registration” shall be invalid. Only the State of Illinoiscan require the registration of firearms, not the City of Chicago. There clearly is an equalprotection violation as to how the City of Chicago can treat similarly situated citizens differently.Furthermore, the Firearms Owners’ Protection Act of 1986 was a federal statute enacted by theUnited States Congress, and made it illegal for the national government or any state in thecountry to keep any sort of database or registry that ties the firearms directly to their owner.While it is true that this law has been interpreted in many different ways, the general intent of theAct clearly prohibits firearm registration.The FOP’s members can also seek relief under state law. 820 ILCS 55/5 prohibits an employerfrom discrimination when it comes to their employees use of lawful products. Under said Act,“it shall be unlawful for an employer to refuse to hire or to discharge any individual, or otherwisedisadvantage any individual, with respect to compensation, terms, conditions or privileges ofemployment because the individual uses lawful products off the premises of the employer duringnonworking and non-call hours. As used in this Section, "lawful products" means products thatare legal under state law.” Id. The members of the Chicago Fraternal Order of Police are beingrequired to register all weapons that they use on or off duty for sport, hunting and self-defense.The Department requires that these weapons be registered, even if it is a hunting rifle that is keptout of state. There is no rational basis for this general order and if the weapon is ‘legal understate law’ then it is unlawful to require registration as it disadvantages the officer with respect totheir conditions of employment. The Act allows for a $200 fine plus costs, reasonable attorney'sfees, and actual damages if the employer is found to willfully have violated the Act. 820 ILCS55/15 (d). On 24 January 2020 the FOP’s gave the City of Chicago notice that it was violatingthe Act, the continued requirement is willful and each member should be entitled to $200 andactual damages, if the City of Chicago persists in requiring registration for all weapons.As such we are demanding that the registration general order be immediately rescinded. If theCity fails to take action, we are requesting a right-to-sue letter allowing the FOP to file theappropriate action in the Circuit Court of Cook County seeking injunctive relief and monetarydamages.