Finish Line Express, Inc. v. City of Chicago

Plaintiffs, corporations operating businesses commonly called racetrack-messenger services, brought this action in the circuit court of Cook County challenging the constitutionality of section 39.1 of the Illinois Horse Racing Act of 1975 (Ill. Rev. Stat. 1977, ch. 8, par. 37-39.1), which makes it a felony to accept, for a fee, money to be delivered to a racetrack for wagering on horse races. The circuit court dismissed plaintiffs' complaint for failure to state a cause of action, but the appellate court reversed (59 Ill. App.3d 419), finding that the plaintiffs' right to engage in business was unconstitutionally restrained and that the proper remedy for the legislature would be to regulate the activities of these messenger services to be sure they operate within the framework of the Illinois Horse Racing Act, not to prohibit their operation (59 Ill. App.3d 419, 424). We granted the Attorney General leave to appeal and we now reverse the appellate court.