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Published in the Chicago Daily Law Bulletin on March 17, 2026
Where a public body's FOIA search was reasonable but the record still is not determinative of whether there was willful, intentional, or bad-faith noncompliance, summary judgment cannot dispose of the requester 's claim for statutory civil penalties.
In a nonprecedential Rule 23 decision, the 1st District Appellate Court affirmed in part and reversed in part a decision by Cook County Associate Judge David B. Atkins.
James Tobias, an independent journalist, submitted two FOIA requests to the city of Chicago's Office of the Mayor in May 2023. One sought all text messages sent or received by Chief of Staff Richard Guidice on May 15 and 16, 2023. The other sought all text messages between Mayor Brandon Johnson and Chicago Teachers Union president Stacy Davis Gates, including records from May 15, 2023, until the request was processed. The city acknowledged the requests, took a statutory extension, and then failed to produce records by the extended deadline, resulting in a constructive denial. Tobias later sued, alleging the city had failed to comply with FOIA and seeking production of the records, civil penalties and attorney fees.
During the trial-court proceedings, Tobias moved for partial summary judgment, arguing the city had not adequately searched for responsive records and should be ordered to produce them. The city opposed that motion and filed its own cross-motion for summary judgment. With that filing, it finally produced four pages of text messages and argued the case was effectively moot because it had now turned over the records and had conducted a reasonable search. The city also argued civil penalties were unwarranted as a matter of law. The trial court agreed. It found the city's search adequate, rejected Tobias's argument that the search should have extended to the later date when the mayor's phone was actually searched, and concluded the delayed production did not amount to a deliberate or dishonest FOIA violation. Tobias appealed.
On appeal, Tobias challenged both the adequacy of the city's search and the ruling foreclosing civil penalties. The appellate court affirmed the adequacy of the search, but took issue with the summary judgment against civil penalties. Tobias argued that even if the records were eventually produced, the record still allowed a fact finder to conclude the city had acted willfully, intentionally, or in bad faith. He pointed to the long delay, the fact that the city asserted exemptions before it had actually reviewed all of the responsive texts, and the city's decision not to produce the records until mid-litigation. The city answered that its search was reasonable, that it did not possess the responsive records by the original deadline, and nothing in the record showed the kind of deliberate or dishonest conduct needed for penalties.
The appellate court agreed with the city on the search issue but reversed on penalties. It held the search itself was adequate and that Tobias's request could not require the city to search for records that did not yet exist when the request was made. But the court found summary judgment went too far when it declared penalties unavailable. The record showed an admitted FOIA violation, a substantial delay in both searching and producing the texts, and an especially troubling fact: the city had pleaded exemptions to disclosure before it had even obtained and reviewed all the records at issue. The court said standard litigation practice does not permit a public body to claim FOIA exemptions without a factual basis grounded in the actual records. Because those circumstances could support an inference of bad faith, the issue could not be resolved as a matter of law. The court therefore sent the case back for further proceedings on whether civil penalties should be imposed.
The appellate court therefore affirmed in part and reversed in part the decision of the circuit court.
JAMES TOBIAS V. CITY OF CHICAGO OFFICE OF THE MAYOR
2026 IL App (1st) 241435-U
Writing for the court: Justice James Fitzgerald Smith
Concurring: Justices Nathaniel R. Howse Jr. and Cynthia Y. Cobbs
Released: March 2, 2026
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FOR IMMEDIATE RELEASE: Aug. 26, 2026 Media Contact Information: Cartwheel Emily Paisner (888) 500-2067 emily.paisner@cartwheelcare.org
$1 million grant from Blue Cross and Blue Shield of Illinois will help Cartwheel scale access to care in rural and underserved communities through 2028
CHICAGO — August 26, 2026 — Cartwheel Care, a telehealth mental health provider for K-12 schools, today announced plans to expand access to care for up to 100,000 students across Illinois, supported by a $1 million grant from Blue Cross and Blue Shield of Illinois (BCBSIL). The additional funding builds on an existing partnership between Cartwheel and BCBSIL, following a year of strong engagement and clinical outcomes. Cartwheel currently serves 40 Illinois school districts, and the grant will help expand services further into rural and underserved communities across the state through 2028. Mental health needs among Illinois students remain high. According to data from Lurie Children’s Hospital, approximately 50% of Illinois youth (ages 2–17) have experienced worsening mental health symptoms in recent years. At the same time, access to care has not kept pace: more than 80 of Illinois’ 102 counties have no practicing child psychiatrist, and the shortage is most acute in rural areas, where families often wait months for an appointment or travel significant distances for care. Cartwheel’s telehealth model is designed to remove the access barriers rural families face, like long waitlists and the need to travel to see a provider. By partnering with schools, Cartwheel provides licensed, Illinois-based clinicians with no waitlist, accepts all major insurance plans including Medicaid, and reaches kids and families where they already are, without requiring them to find or travel to an outside provider. “Every student experiences mental health challenges differently, and there’s no one-size-fits-all approach to supporting them,” said Dr. Juliana Chen, chief medical officer at Cartwheel. “Our goal is to meet students and families where they are, with practical support that helps them build skills, strengthen relationships, and feel more confident navigating challenges at school and at home. BCBSIL’s support is what allows us to bring that care to more Illinois communities.” “Supporting the health and well-being of Illinois youth is critical to building stronger communities,” said Brian Snell, president of Blue Cross and Blue Shield of Illinois. “The results we’ve seen through our partnership with Cartwheel demonstrate the impact that timely, accessible mental health services can have for students and families. This investment will help bring those services to even more communities across our state.” To date, four Illinois districts have received Cartwheel’s services through this grant: Steger SD 194 in Cook County and Will County, Troy CCSD 30-C in Will County, Mattoon CUSD 2 in Coles County, and Wolf Branch SD #113 in St. Clair County. In the first year of the program, more than 200 students were referred for care and completed more than 1,000 telehealth sessions. Appointments were scheduled in the same week with no waitlist. Sixty-eight percent of students served were covered by Medicaid or uninsured. Overall, 73% of students showed meaningful improvement in anxiety and depression symptoms on standard clinical screeners (GAD-7/PHQ-9). Additional districts where Cartwheel services are launching this fall include Litchfield CUSD #12, Panhandle CUSD #2, Leyden High School District #212, and Regional Office of Education #40. With the support of this grant, Cartwheel expects to expand into another 30 to 50 school districts, bringing access to care to a total of 100,000 students across Illinois. “Before this partnership, getting a student connected to care could take months,” said Jeffrey Peterson, director of student services & records at Troy CCSD 30-C. “Now our counselors can refer a student, know they’ll be seen within days, and are seeing real improvements as a result.” Through the grant, Cartwheel provides individual and family therapy, parent guidance, psychiatric evaluation and medication management, and specialized care programs for challenges like school avoidance, social media use, and intense emotions and behavior challenges. As reported in Illinois Policy, in 2025 about 25% of Illinois students missed at least 10% of the school year and this was more severe among low-income students, with 35.1% in that group chronically absent. Cartwheel’s school avoidance program delivers evidence-based care designed specifically for students struggling with school avoidance. In partnership with Cartwheel, Peoria Public Schools saw a 62% reduction in absences per student, along with decreases in suspensions and symptoms of depression and anxiety. Illinois school districts that want to learn more about this opportunity for the upcoming school year should visit: www.cartwheel.org/illinois. About Cartwheel Cartwheel is the nation’s largest and most trusted telehealth provider for K-12 schools, students, and families. Cartwheel partners with 350 school districts across 15 states to deliver comprehensive mental health services to students, families, and school staff. Founded in 2022 by educators and clinicians, Cartwheel combines evidence-based clinical care with technology to ensure every child has access to high-quality mental health support. Cartwheel accepts all major insurance plans including Medicaid and provides care at no cost to uninsured families. For more information visit: www.cartwheel.org. About Blue Cross and Blue Shield of Illinois Blue Cross and Blue Shield of Illinois is the largest health insurer in Illinois, serving nine million members and operating in all 102 Illinois counties. BCBSIL is a division of Health Care Service Corporation, a Mutual Legal Reserve Company and an Independent Licensee of the Blue Cross and Blue Shield Association. Learn more at bcbsil.com and follow us on Facebook and LinkedIn.
FOR IMMEDIATE RELEASE: Aug. 24, 2026 Media Contact Information: Mather Institute Cindy Droog, president, Sabo PR (616) 717-8654 cindy@sabo-pr.com
Free online tool by Mather Institute supports local planning, partnership and investments
EVANSTON, Illinois – Chicago has a new tool to help understand where neighborhood conditions support social wellness among older adults – and where thoughtful investment and partnership may expand opportunities. Mather Institute launched a first-of-its-kind free Social Wellness Map, which scores the 77 community areas in Chicago on social wellness – a measure of feeling connected with others and with a community – for adults 55 and better. Previous research shows strong social ties are one of the most important predictors of a happy and long life, and that neighborhoods and communities shape how people interact, support one another and build shared identity. Mather Institute developed the map in partnership with NORC at the University of Chicago. Designed as a planning and advocacy resource, the interactive map can help policymakers, community organizations, funders, planners and service providers explore local patterns, identify assets and consider where new investments may have the greatest benefit for older adults. “Social wellness is a crucial, yet often overlooked, part of healthy aging,” said Cate O’Brien, MPH, Ph.D., chief transformation officer at Mather Institute. “Because every community contains diverse histories, people and experiences, the map is intended to inform – not replace – local knowledge. The most useful next step is conversation. When organizations bring this data together with resident voices, they can better understand what is already working and what could be most beneficial to older adults and their communities.” The map is based on a new survey of more than 4,000 Chicago residents age 55 and better, combined with public data on community conditions, including walkability, economic factors and access to gathering places such as libraries, churches and community centers. Factors such as crime, lack of local businesses and poverty can hinder social wellness, but don’t tell the whole story. Users can view a side-by-side comparison of communities to explore how social wellness relates to health, happiness, income and other factors. Key findings include:
“Community leaders often have deep local knowledge, but need data to support the case for programs, funding and partnerships,” said Jennifer L. Smith, Ph.D., vice president of Mather Institute. “The Social Wellness Map offers another lens for understanding older adults’ experiences and for turning local insight into action.” High social wellness scores were not confined to one part of Chicago or to its wealthiest areas, suggesting that other factors such as neighborhood identity, belonging and longstanding social ties are also important to connection. Chatham emerged as a notable example, with a social wellness score of 8.14 out of 10, illustrating social wellness reflects aspects of community life beyond economic and safety indicators alone. Beverly received the highest community connectability score: 100 out of 100. Beverly is notable for its low crime rates, a strong family culture and several longstanding community gathering places. Jefferson Park stood out for having community conditions that support connection such as accessible transit, retail activity and established cultural gathering places. The map is free to use and does not require user registration. It can be explored at: https://www.matherinstitute.com/social-wellness-map/
About Mather and Mather Institute
Based in Evanston, Illinois, Mather is a not-for-profit organization founded in 1941 that is dedicated to a vision of changing the way society views aging. Mather creates Ways to Age Well℠ through programs, places and residences for today’s older adults. These include developing and operating communities that support older adults in pursuing wellness and fulfillment; sparking creativity and connections for older adults in Chicagoland and beyond; and through Mather Institute, conducting research and incubating innovation to help all live and age well.
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