Judge dismisses part of Orland Park lawsuit against former Mayor Keith Pekau

'I will not be silenced': Former Orland Park mayor reacts after judge dismisses most claims

'I will not be silenced': Former Orland Park mayor reacts after judge dismisses most claims

ORLAND PARK, Ill. - A Cook County judge has narrowed the Village of Orland Park’s lawsuit against former Mayor Keith Pekau.

What we know:

In a written order filed December 12, Cook County Chancery Judge Caroline Kate Moreland struck the village’s claim for injunctive relief, saying an injunction must be tied to an underlying cause of action rather than filed as its own count. That portion of the lawsuit—filed as Count II—has now been dismissed.

Moreland also removed one of the village’s requests for relief — a proposed ban on Pekau disclosing confidential or privileged information — finding the village had not pled enough facts to justify what would amount to a prior restraint on speech.

But the judge rejected Pekau’s broader attempts to dismiss the case. She allowed the village’s main claim — a request for a declaratory judgment over whether Pekau is allowed to keep or use non-public village records — to move forward. The court also refused to strike the village’s allegations that Pekau improperly retained confidential documents or may be required to return or destroy copies.

A preliminary injunction hearing is scheduled for Jan. 20.

What they're saying:

In a statement, Pekau called the ruling a victory for free speech and transparency.

"This case was never about protecting residents," Pekau said. "It was about silencing me for telling the truth. The Court’s ruling confirms what I’ve said all along—this lawsuit was a political weapon funded by taxpayers. The Village lost, and the people of Orland Park paid the price."

Pekau said the case has cost the village hundreds of thousands of dollars in legal fees, though the village has not publicly detailed the total expense.

Pekau also accused the village of issuing misleading public statements about the ruling and said he expects that pattern to continue.

"I will not be silenced," Pekau said. "When government officials misuse power to attack political opponents, it’s not just wrong—it’s unconstitutional. Taxpayer dollars should fund public services, not political vendettas."

Pekau said he is considering legal action against the village and others over alleged violations of his constitutional rights.

The other side:

Late Tuesday afternoon, FOX 32 Chicago received a statement from the Village of Orland Park regarding the mayor's comments, shared below: 

"Former Mayor Keith Pekau’s recent remarks misrepresent the court’s ruling in the Village’s ongoing lawsuit. The case was not dismissed, and the Village did not suffer a legal setback. The court denied Mr. Pekau’s motion to dismiss, and the Village’s primary claim remains active.

"Contrary to Mr. Pekau’s statements, the court has not:

• Rejected the Village’s allegations about improper retention of confidential records.
• Found the Village acted unlawfully or politically.
• Eliminated free speech protections.

"The Village’s claims were deemed legally sufficient to proceed by the court.  This case is about safeguarding confidential records—not restricting lawful speech. This matter remains before the court, and the Village will continue to pursue it through proper legal channels."

Correction:

An earlier version of this story misstated the scope of the court’s ruling. The judge did not dismiss six of seven claims, nor did the village seek damages, attorney’s fees or a retraction. The court struck one of the lawsuit’s two counts — a standalone request for injunctive relief — and removed one request asking the court to bar former Mayor Keith Pekau from disclosing certain information. The village’s primary claim for a declaratory judgment remains pending.