Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339 (7th Cir. 1991). · Go Syfert
Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339 (7th Cir. 1991). Cases Citing This Book View Copy Cite
“a vacated judgment has no collateral estoppel ... effect under illinois law (or any other law).”
44 citation events (21 in the last 25 years) across 15 distinct courts.
Strongest positive: Brenda Jones v. Brent York (ca7, 2022-05-16)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Brenda Jones v. Brent York
7th Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a vacated judgment has no collateral estoppel ... effect under illinois law (or any other law).
discussed Cited as authority (quoted) Shirley P. v. Norman P.
Conn. · 2018 · quote attribution · 1 verbatim quote · confidence low
a vacated judgment has no collateral estoppel or res judicata effect under illinois law
discussed Cited as authority (rule) Taylor v. City Of Chicago
N.D. Ill. · 2021 · confidence medium
First, the 4 Citing the rule that the elements of a vacated judgment are not finally decided for the purposes of collateral estoppel, see Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 340 (7th Cir. 1991), Defendants contend at the outset that the jury’s findings as to their fabrication of evidence do not constitute a final judgment.
discussed Cited as authority (rule) Brisco v. Stinar
N.D. Ill. · 2020 · confidence medium
“A vacated judgment has no collateral estoppel or res judicata effect under Illinois law (or any other law).” Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 340 (7th Cir. 1991) (citation omitted). “[I]t is well-established under Illinois law that when a judgment is vacated, it ceases to have any preclusive effect.” Hill v. City of Chicago, 2009 WL 174994 , at *12 (N.D.
discussed Cited as authority (rule) Thomas Janusz, Jr. v. City of Chicago
7th Cir. · 2016 · confidence medium
Generally, a vacated judgment in one case has no effect on future cases under Illinois law, and Illinois law “is determinative on the question because the judgment in question was rendered by an Illinois state court.” Pontarelli Limousine, Inc. v. City of Chi, 929 F.2d 339, 340 (7th Cir. 1991); see also Matchett v. Rose, 36 Ill.App.3d 638 , 344 N.E.2d 770, 779 (1976).
discussed Cited as authority (rule) Janusz v. City of Chicago
N.D. Ill. · 2015 · confidence medium
Specifically, Janusz cites the following cases: Garley v. Columbia LaGrange Hosp., 377 Ill.App.3d 678 , 317 Ill.Dec. 202 , 881 N.E.2d 370, 374-75 (2007) (a judgment that was vacated due to a successful appeal is not final for purposes of collateral estoppel); Ballweg v. City of Springfield, 114 Ill.2d 107 , 102 Ill.Dec. 360 , 499 N.E.2d 1373, 1375 (1986) (a judgment that is the subject of a pending appeal is not final for purposes of collateral estoppel); Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 340 (7th Cir.1991) (a judgment that was vacated following a settlement "has no …
discussed Cited as authority (rule) Engel v. Buchan
N.D. Ill. · 2013 · confidence medium
As he concedes, a vacated judgment does not trigger collateral estoppel Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 340 (7th Cir.1991) (citations omitted): A vacated judgment has no collateral estoppel or res judicata effect under Illinois law (or any other law).
discussed Cited as authority (rule) Zvunca Ex Rel. Klein v. Greyhound Lines, Inc.
10th Cir. · 2013 · confidence medium
In addition, “[a] vacated judgment has no collateral estoppel or res judicata effect under Illinois law (or any other law), and Illinois law is determinative on the question because the judgment in question was rendered by an Illinois state court.” Pontarelli Limousine v. City of Chicago, 929 F.2d 339, 340 (7th Cir.1991) (citations omitted).
cited Cited as authority (rule) Korczak, Kevin M. v. Sedeman, Faizel
7th Cir. · 2005 · confidence medium
E.g., Warner/Elektra/ Atlantic Corp. v. County of DuPage, 991 F.2d 1280, 1282 (7th Cir. 1993) (Illinois law); Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 340 (7th Cir. 1991) (same).
cited Cited as authority (rule) Kevin Korczak v. Faizel Sedeman, Appeal of Tarkwin Enrick
7th Cir. · 2005 · confidence medium
E.g., Warner/Elektra/Atlantic Corp. v. County of DuPage, 991 F.2d 1280, 1282 (7th Cir.1993) (Illinois law); Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 340 (7th Cir.1991) (same).
discussed Cited as authority (rule) Civil Liberties for Urban Believers, Christ Center, Christian Covenant Outreach Church v. City of Chicago
7th Cir. · 2003 · confidence medium
See Milner v. Apfel, 148 F.3d 812, 816-17 (7th Cir.1998); Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 341-42 (7th Cir.1991); Ramos v. Town of Vernon, 331 F.3d 315, 320 (2d Cir.2003); Able v. United States, 155 F.3d 628, 634 (2d Cir.1998). 42 Churches are no less sensitive a land use than homes for the mentally retarded, as both Congregation Kol Ami v. Abington Township, supra, and Cornerstone Bible Church v. City of Hastings, supra, recognize, though the reason is different.
discussed Cited as authority (rule) Civil Liberties v. City of Chicago
7th Cir. · 2003 · confidence medium
See Milner v. Apfel, 148 F.3d 812, 816-17 (7th Cir. 1998); Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 341-42 (7th Cir. 1991); Ramos v. Town of Vernon, 331 F.3d 315, 320 (2d Cir. 2003); Able v. United States, 155 F.3d 628, 634 (2d Cir. 1998).
discussed Cited as authority (rule) Campbell v. SZL Properties, Ltd.
Ariz. Ct. App. · 2003 · confidence medium
Co., 970 F.2d 1138, 1146 (2d Cir.1992), aff'd, 510 U.S. 86 , 114 S.Ct. 517 , 126 L.Ed.2d 524 (1993) (vacated judgment has no preclusive effect); Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 340-41 (7th Cir.1991) (vacated judgments have no future effect); Dodrill v. Ludt, 764 F.2d 442, 444 (6th Cir.1985) (“judgment which is vacated, for whatever reason, is deprived of its conclusive effect as collateral estoppel”); Pride v. Harris, 882 P.2d 381, 383 (Alaska 1994) (vacated judgment cannot have res judicata effect because it is not a final judgment); Mercantile & Gen.
discussed Cited as authority (rule) Phelan v. City of Chicago
N.D. Ill. · 2000 · confidence medium
For a plaintiff to overcome the presumption of rationality, he must meet a heavy burden of showing that the challenged governmental action was “completely ludicrously arbitrary.” Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 342 (7th Cir.1991).
discussed Cited as authority (rule) Aetna Cas. v. Ply Gem Industries
N.J. Super. Ct. App. Div. · 1997 · confidence medium
Co., 970 F. 2d 1138, 1146 (2d Cir.1992) aff'd 510 U.S. 86 , 114 S.Ct. 517 , 126 L.Ed. 2d 524 (1993); Pontarelli Limousine, Inc. v. City of Chicago, 929 F. 2d 339, 340 (7th Cir.1991)(en banc); Falcon v. General Tel.
discussed Cited as authority (rule) Zeneca Ltd. v. Novopharm Ltd.
D. Maryland · 1996 · confidence medium
Harris Trust and Savings Bank v. John Hancock Mutual Life Insurance Co., 970 F.2d 1138, 1146 (2d Cir.1992), aff'd, 510 U.S. 86 , 114 S.Ct. 517 , 126 L.Ed.2d 524 (1993) (holding that a vacated judgment has no preclusive effect); Pontarelli Limousine, Inc. v. Chicago, 929 F.2d 339, 340-341 (7th Cir.1991); Dodrill v. Ludt, 764 F.2d 442, 444 (6th Cir.1985).
discussed Cited as authority (rule) U.S. Philips Corporation v. Sears Roebuck & Co.
Fed. Cir. · 1995 · confidence medium
In Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 340-41 (7th Cir.1991) the Seventh Circuit held that a state court judgment that had been vacated pursuant to a settlement agreement did not preclude relitigating the issue in federal court, and added that this ruling embraced vacated federal as well as state judgments: 30 [The question on appeal] is whether the district judge erred in refusing to give the judgment in Chicago Courtesy collateral estoppel effect in this case....
discussed Cited as authority (rule) U.S. Philips Corp. v. Sears Roebuck & Co.
Fed. Cir. · 1995 · confidence medium
In Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 340-41 (7th Cir.1991) the Seventh Circuit held that a state court judgment that had been vacated pursuant to a settlement agreement did not preclude relitigating the issue in federal court, and added that this ruling embraced vacated federal as well as state judgments: [The question on appeal] is whether the district judge erred in refusing to give the judgment in Chicago Courtesy collateral estoppel effect in this case....
cited Cited as authority (rule) Basim Esmail, Zabco Enterprises, Incorporated, and Nazco Enterprises, Incorporated v. Samuel T. MacRane Jr.
7th Cir. · 1995 · confidence medium
Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 342 (7th Cir.1991).
cited Cited as authority (rule) Doe v. City of Chicago
N.D. Ill. · 1994 · confidence medium
See City of Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432, 446 , 105 S.Ct. 3249, 3257 , 87 L.Ed.2d 313 (1985); Pontarelli Limousine, Inc. v. Chicago, 929 F.2d 339, 341 (7th Cir.1991).
discussed Cited as authority (rule) Golbeck v. City of Chicago
N.D. Ill. · 1992 · confidence medium
Plaintiffs claim that the “arbitrary” police practice violates the equal protection clause is also unavailing. “[I]t is generally assumed that a completely, ludicrously arbitrary law would violate the equal protection clause even if it did not deny someone’s ‘fundamental’ rights or (otherwise) discriminate against a vulnerable group.” Pontarelli Limousine, Inc. v. Chicago, 929 F.2d 339, 342 (7th Cir.1991).
cited Cited as authority (rule) Hoagy Wrecker Service, Inc. v. City of Fort Wayne
N.D. Ind. · 1991 · confidence medium
Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 343 (7th Cir.1991).
cited Cited as authority (rule) Russell v. Turnbaugh
D. Colo. · 1991 · confidence medium
Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 340 (7th Cir.1991); Wolcott v. Ginsburg, 697 F.Supp. 540, 543 (D.D.C.1988).
cited Cited as authority (rule) Hispanic Taco Vendors of Washington v. City of Pasco
E.D. Wash. · 1991 · confidence medium
Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 342 (7th Cir.1991). 8 .
discussed Cited "see" Holt Cargo Systems, Inc. v. Delaware River Port Authority
E.D. Pa. · 1998 · signal: see · confidence high
See Pontarelli v. City of Chicago, 929 F.2d 339, 341 (7th Cir.1991) (City did not violate equal protection by preventing all in-city taxi companies from using the taxi dispatcher booths at the airport, because the plan encouraged suburban taxi companies to provide livery services at the airport but limited excessive congestion at the dispatch stations.).
discussed Cited "see" Central States, Southeast and Southwest Areas Pension Fund, Cross-Appellees v. Lady Baltimore Foods, Inc., Cross-Appellant
7th Cir. · 1992 · signal: see · confidence high
See City of New Orleans v. Dukes, 427 U.S. 297, 303 , 96 S.Ct. 2513, 2516 , 49 L.Ed.2d 511 (1976) (per curiam), and other cases cited in Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 342 (7th Cir.1991).
discussed Cited "see, e.g." Mitchell v. Apfel
W.D.N.C. · 1998 · signal: see, e.g. · confidence medium
See, e.g., Pontarelli Limousine, Inc. v. Chicago, 929 F.2d 339, 341 (7th Cir.1991); DeVargas v. Mason & Hanger-Silas Mason Co., 844 F.2d 714, 725 (10th Cir.1988); California Ass’n of Physically Handicapped, Inc. v. FCC, 721 F.2d 667, 670 (9th Cir.1983), ce *527 rt. denied, 469 U.S. 832 , 105 S.Ct. 121 , 83 L.Ed.2d 63 (1984); Brown v. Sibley, 650 F.2d 760, 766 (5th Cir.1981).).
cited Cited "see, e.g." Smith v. Severn
7th Cir. · 1997 · signal: see also · confidence medium
See also Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 342 (7th Cir.1991) (noting that the Supreme Court is unwilling to accord education fundamental right status).
discussed Cited "see, e.g." Smith v. Severn
7th Cir. · 1997 · signal: see also · confidence medium
See also Pontarelli Limousine, Inc. v. City of Chicago, 929 F.2d 339, 342 (7th Cir.1991) (noting that the Supreme Court is unwilling to accord education fundamental right status). 47 Absent either a fundamental right or a suspect class, a court need only apply a rational basis to review the challenged state action.
Retrieving the full opinion text from the archive…
PONTARELLI LIMOUSINE, INCORPORATED, Et Al., Plaintiffs-Appellants,
v.
CITY OF CHICAGO, Et Al., Defendants-Appellees
90-1923.
Court of Appeals for the Seventh Circuit.
May 10, 1991.
929 F.2d 339
1991 WL 46657
Bertrand A. Rice, Charles Pressman, Chicago, Ill., for plaintiffs-appellants., Wm. Carlisle Herbert, Hopkins & Sutter, Emily Nicklin, Office of the Corp. Counsel, Marc J. Chalfen, Randolph E. Ruff, William J. Raleigh, Dehaan & Richter, Morris G. Dyner, Dan Brusslan, Paul D. Streicher, Joel Miller, Fischel & Kahn, Chicago, Ill., for defendants-appellees.
Manion, Posner, Wood.
Cited by 33 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 57%
Citer courts: Supreme Court of Connecticut (1)
POSNER, Circuit Judge.

Ten livery companies licensed by the City of Chicago sue the City in this case, claiming that it denied them equal protection of the laws by refusing to allow them to use dispatchers’ booths at O’Hare Airport, which is owned by the City. A jury awarded the plaintiffs more than $400,000 in damages, but the district judge then entered judgment for the City (the only remaining defendant) notwithstanding the verdict. 735 F.Supp. 782 (N.D.Ill.1990). The plaintiffs ask us to reinstate the verdict.

This litigation has its origin almost twenty years ago when the City, distressed by[*340] traffic congestion at O’Hare, established a livery dispatch system. Until then livery drivers had been accustomed to park their cars outside the terminals while they hawked within for “walk-up” passengers— arriving passengers who had not arranged for ground transportation in advance. The parked cars blocked traffic. The principal offenders were the suburban livery services, simply because most livery business at the airport is suburban. Taxi service (and now the rapid-transit system, the “subway” or “el” as it is loosely and inconsistently called) is cheaper than livery service for destinations in Chicago, but more expensive for most destinations in the suburbs. Under the livery dispatch system, drivers are forbidden to park at the terminal unless and until they have a passenger. Either they have a prior arrangement to pick up the passenger when he arrives or they wait in a satellite lot until summoned by a dispatcher stationed in a booth in the terminal. The dispatcher hawks fares the way the drivers themselves used to do, only without blocking traffic.

Because livery dispatch booths were considered unsightly and the dispatchers boorish and raucous, the City wanted to limit the scope of the livery dispatch system. To this end it confined the right to use the booths to dispatchers for suburban livery services. It was not that those dispatchers were considered more refined and mannerly than dispatchers for City-licensed services would have been, but that, for the economic reason already indicated, the principal demand for livery service among “walk-up” passengers was for service to suburban destinations rather than to destinations in the city. Two Chicago-licensed livery services, however, became affiliates of suburban livery services, and the dispatchers for those suburban livery services began to dispatch the occasional “walk-up” passenger seeking transportation to the city to Chicago-licensed livery services affiliated with the suburban services. This development precipitated in 1977 a lawsuit in Illinois state court against the City of Chicago by three Chicago-licensed livery services— not the plaintiffs in this case — that were not affiliated with suburban livery services. This was the Chicago Courtesy litigation. It was a triumph for the plaintiffs. In 1982 the court found a denial of equal protection, awarded damages of $1.9 million, and entered an injunction. The plaintiffs agreed to a reduction of the damages award to $1.2 million in exchange for the City’s dropping its appeal. In 1986, in exchange for some further consideration, the plaintiffs agreed with the City to vacate the 1982 judgment and the state court did so.

This suit, filed in 1983, is essentially a reprise of the Chicago Courtesy litigation. The plaintiffs complain about the different access to the dispatch booths for suburban and urban liveries, about the different treatment of affiliated and nonaf-filiated liveries, and finally — the only new twist — about the different treatment between themselves and the plaintiffs in Chicago Courtesy, who like themselves are not affiliated with suburban liveries yet continued, notwithstanding the vacation of the 1982 judgment, to use the livery dispatch booths at O’Hare (which, by the way, the City has since shut down). The first question on appeal, indeed — so close are the two cases — is whether the district judge erred in refusing to give the judgment in Chicago Courtesy collateral estoppel effect in this case, which would establish that the City had denied these plaintiffs the equal protection of the laws. He did not err. A vacated judgment has no collateral estoppel or res judicata effect under Illinois law, Matchett v. Rose, 36 Ill.App.3d 638, 649, 344 N.E.2d 770, 779 (1976) (or any other law, No East-West Highway Committee, Inc. v. Chandler, 767 F.2d 21, 24 (1st Cir.1985)), and Illinois law is determinative on the question because the judgment in question was rendered by an Illinois state court. 28 U.S.C. § 1738. The plaintiffs rely on In re Memorial Hospital, 862 F.2d 1299 (7th Cir.1988), for the contrary position. But that was a case in which we refused to vacate a judgment. Had we done so, then — as our opinion made clear — the judgment could not have been used in future litigation. Indeed this was one of the considerations that moved us not to vacate it.[*341] Id. at 1302. Maybe the judge in Chicago Courtesy should not have vacated the judgment in that case either, but he did so, and thus deprived it of any future effect.

The principal question is whether the district judge was right to hold that, as a matter of law, the conduct of the City in failing to give the plaintiffs equal, or for that matter any, access to the livery dispatch booths did not deny the plaintiffs the equal protection of the laws. He was right.

The equal protection clause of the Fourteenth Amendment has a history. The primary purpose behind it was to prevent the southern states from making the newly freed blacks outlaws by denying them the protection of criminal, tort, and other state laws. The Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 67-72, 21 L.Ed. 394 (1873); Strauder v. West Virginia, 100 U.S. 303, 306-07, 25 L.Ed. 664 (1879); Palmer v. Thompson, 403 U.S. 217, 220, 91 S.Ct. 1940, 1942, 29 L.Ed.2d 438 (1971). That purpose defines the core of the amendment’s protection but a century and more of interpretation have marked out a broader periphery within which one can find decisions broadly, though not always completely, forbidding public discrimination against blacks and other groups (including other racial and ethnic minorities, children born out of wedlock, women, and aliens) believed to be particularly vulnerable to governmental oppression. None of those decisions supports the position of these livery companies, which instead implicitly appeal to a miscellany of decisions in which persons belonging to groups that the courts have not singled out for special protection under the equal protection clause, including business groups complaining about being placed at a competitive disadvantage by protectionist governmental action, for example by unequal taxation, have been held to have been denied equal protection. The plaintiffs would have us infer from these decisions a general duty on government not to make unjustifiable regulatory distinctions. There is no such duty. The Supreme Court has repeatedly upheld such distinctions against challenge under the equal protection clause, even when they appeared to reflect the operation of naked interest-group politics. Railway Express Agency, Inc. v. New York, 336 U.S. 106, 69 S.Ct. 463, 93 L.Ed. 533 (1949); Williamson v. Lee Optical of Oklahoma, Inc., 348 U.S. 483, 488-89, 75 S.Ct. 461, 464-65, 99 L.Ed. 563 (1955); Ferguson v. Skrupa, 372 U.S. 726, 83 S.Ct. 1028, 10 L.Ed.2d 93 (1963); City of New Orleans v. Dukes, 427 U.S. 297, 96 S.Ct. 2513, 49 L.Ed.2d 511 (1976) (per curiam); Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456, 464-70, 101 S.Ct. 715, 724-27, 66 L.Ed.2d 659 (1981). In Lee Optical, for example, the state forbade opticians to fit lenses to frames without a prescription from an ophthalmologist or an optometrist. In Dukes, the City of New Orleans forbade pushcart vendors to peddle food in the French Quarter — unless they had been doing so continuously for the previous eight years. Both measures were protectionist, anticompetitive; . the public-interest rationales offered for them were threadbare, almost laughable. Nevertheless the Court refused to invalidate either measure. The Court is unwilling to constitute itself the nation’s ombudsman, its court of administrative appeals.

The miscellany of decisions to which we referred are readily distinguishable from this case. They are cases in which states discriminate against nonresidents, Zobel v. Williams, 457 U.S. 55, 102 S.Ct. 2309, 72 L.Ed.2d 672 (1982); Metropolitan Life Ins. Co. v. Ward, 470 U.S. 869, 105 S.Ct. 1676, 84 L.Ed.2d 751 (1985); Williams v. Vermont, 472 U.S. 14, 105 S.Ct. 2465, 86 L.Ed.2d 11 (1985); Hooper v. Bernalillo County Assessor, 472 U.S. 612, 105 S.Ct. 2862, 86 L.Ed.2d 487 (1985), or against vulnerable groups such as children of illegal aliens, Plyler v. Doe, 457 U.S. 202, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982), or the mentally retarded. City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 446-50, 105 S.Ct. 3249, 3257-60, 87 L.Ed.2d 313 (1985). (The Court spoke in that case of “irrational prejudice against the mentally retarded.” Id. at 450, 105 S.Ct. at 3260.) The plaintiffs place particular weight on Plyler v. Doe, and it is particularly odd that they should do so since[*342] aliens are one of the groups, signally unlike the owners of transportation companies, that the Supreme Court has treated with special solicitude under the equal protection clause. It is true that the right at issue in Plyler was the right to an education (Texas was refusing to provide free public education to the children of illegal aliens), and the Court has been unwilling to accord education the status of a “fundamental right.” Instead it asked whether Texas’s policy was “irrational.” It held that it was, and the plaintiffs ask us to infer that any irrational distinction that a state makes, even between two groups of livery companies, denies equal protection. But they are overgeneralizing from the cases. Illegal aliens are emphatically disabled from pursuing political remedies. Naturally the Court is unwilling to designate illegal aliens as a class specially protected by the equal protection clause; indeed, it allows the federal government pretty much carte blanche in dealing with aliens notwithstanding that the principle of equal protection was held applicable to the federal government in Bolling v. Sharpe, 347 U.S. 497, 74 S.Ct. 693, 98 L.Ed. 884 (1954). But the innocent children of aliens, legal or illegal, have as a practical and human matter a greater claim on judicial resources than a business group that is already operating under the protection of licenses that as we are about to see exclude its competitors.

Yet despite all this, it is generally assumed that a completely, ludicrously arbitrary law would violate the equal protection clause even if it did not deny someone’s “fundamental” rights or (otherwise) discriminate against a vulnerable group, and even if it did not bespeak systemic discrimination or irrational prejudice but merely an isolated regulatory caprice resulting in an arbitrary classification. U.S. Railroad Retirement Bd. v. Fritz, 449 U.S. 166, 177, 101 S.Ct. 453, 460, 66 L.Ed.2d 368 (1980); Minnesota v. Clover Leaf Creamery, supra, 449 U.S. at 464, 101 S.Ct. at 724; City of New Orleans v. Dukes, supra, 427 U.S. at 303-04, 96 S.Ct. at 2516-17; Parham v. Hughes, 441 U.S. 347, 352, 99 S.Ct. 1742, 1746, 60 L.Ed.2d 269 (1979) (plurality opinion). The significance of this principle, if it is a principle, must be very slight. Figleaves are cheap; why therefore would a state or a municipality ever fail to include a polite bow toward the public interest when it passed a measure that would otherwise stand exposed as a product of naked interest-group politics?

However this may be, the City’s conduct, beginning with its reaction to the traffic congestion at O’Hare Airport — the reaction that is the germ of this litigation— has not been irrational, let alone patently, wildly, totally irrational, as the cases seem to require, although it may not win many prizes from institutes of public administration. The City had a congestion problem at O’Hare caused, or at least aggravated, by liveries. The suburban liveries were the principal offenders but only because the demand for suburban livery service is greater than the demand for livery service to Chicago, given the alternative methods of transportation available to arriving passengers bound for Chicago but not for those bound for the suburbs. Because suburban walk-up passengers lacked good competitive alternatives, it would not have done to prevent the suburban liveries from serving those passengers. The second-best solution, the solution that accommodated the competing interests in alleviating the congestion problem and in meeting the suburban transportation demand, was to establish livery dispatch booths but limit them to suburban liveries; this way the booths might be kept small and relatively unobtrusive. We are given slight pause by the fact that the City has since closed the dispatch booths. What has happened to those necessitous suburb-bound walk-up passengers? Maybe they didn’t need the booths as badly as we have assumed. But the parties do not discuss the issue, so we shall pass it by.

So far, no irrationality — especially when we consider that suburban liveries cannot deliver passengers to Chicago destinations, whereas liveries licensed by the City of Chicago can deliver them anywhere. The latter have a built-in competitive advantage to which exclusion from the dispatch[*343] booths could be viewed as a modest, partial offset.

But then some Chicago-licensed livery-services became affiliates of suburban services and the suburban dispatchers began dispatching some Chicago-bound passengers to them. The unaffiliated Chicago livery services were placed at a disadvantage but not an irrational one. The question was how strictly the City would enforce its policy against allowing such livery services to use the dispatch booths. Enforcement is always a matter of less or more, for no policy is enforced to the hilt. It would be difficult to prevent dispatchers from occasionally calling an affiliated Chicago-licensed livery service as an accommodation to a walk-up passenger. The City did not try to prevent this. That was a rational enforcement judgment. But it provoked the suit by the Chicago Courtesy plaintiffs. The City lost that zany suit (zany if the analysis in this opinion is sound), with the result that those plaintiffs became the first unaffiliated Chicago livery services to have access to the dispatch booths. Maybe the City should not have settled the case on appeal (though naturally the plaintiffs in our case do not argue this), but having done so it was not irrational to announce, “Thus far but no further.” The loss of a lawsuit at the trial level did not place the City under a constitutional duty to cave in to the demands of every other Chicago livery service. It could make them sue. And after the judgment in that first suit was vacated, they could not, by appealing to doctrines of preclusion such as res judicata or collateral estoppel, use the first suit as a lever for winning the second.

Disparity in treatment between two groups of litigants is a common result of parallel litigation. No principle of equal protection requires that lawsuits be decided consistently. And any felt disparity here is mitigated by the fact that these plaintiffs are not just ordinary livery services, but limousine services. Their rates are higher than those of taxis and, of course, the subway. It is doubtful that they are attractive to many walk-up passengers. But that is a detail. The essential point is that the City has not acted with that sheer senselessness that a plaintiff who does not belong to a vulnerable group or allege the infringement of a fundamental right must show in order to prove a denial of equal protection. The defendants were indeed entitled to judgment notwithstanding the jury verdict for the plaintiffs.

Affirmed.