P. Ex Rel. Hum. Rts v. Ar. Pk Race Track

Defendants appeal from an order permanently enjoining them from implementing a policy of prohibiting children under the age of 14 from residing in the backstretch area of Arlington Park Race Track, in violation of section 3-104(A) of the Illinois Human Rights Act (Ill. Rev. Stat. 1981, ch. 68, par. 3-104(A)). They contend that (1) section 3-104(A) is inapplicable under the facts of this case; and (2) the policy in question is rationally related to legitimate health, safety, and welfare considerations. Defendant Arlington Park Race Track Corporation (the Track) is licensed by the Illinois Racing Board to operate Arlington Park Race Track. During its five-month race meeting, generally held from May through September each year, it has traditionally provided living facilities for certain employees of trainers who have been assigned stalls for horses accepted for racing. Currently, the Track owns nine facilities (hereinafter dormitories) in an area commonly known as the backstretch, providing over 600 rooms ranging in size from 80 to 206 square feet, with the larger rooms being designated for double occupancy and the smaller for single occupancy. Some of the rooms have individual washroom and shower facilities, but the majority of them are serviced by communal facilities, usually located in the same building. None of the rooms are equipped for cooking, which is prohibited under both Track rules and Illinois Racing Board rules because of the proximity of the dormitories to the stabling area. Nevertheless, a number of occupants, both those with children and those without, frequently breach those rules by using hot plates, and it appears that the Track has taken no steps to stop these violations.