dissenting:
I consider that the majority’s view, which completely overlooks legislative intent, is simplistic. If its reasoning and spirit are followed elsewhere, the efficient operation of law-enforcement agencies could be seriously impeded. That this is so can be seen from the fact that at this very time nationally publicized Federal prosecutions, in which resembling investigative techniques were revealed, have resulted in convictions of Federal legislators.
The majority ignores entirely the legislative intent, in holding that the liquor license was obtained here in violation of the Dramshop Act and of the local ordinance. The United States Attorney, the State’s Attorney of Cook County, and the Attorney General of Illinois had no difficulty in perceiving that the intent underlying the statute and ordinance was to serve other legislative purposes and was not to thwart legitimate and necessarily imaginative activities of law-enforcement agencies.
Too, the plaintiffs, in September 1974, selected assumed names and began fashioning their cover stories. They opened the tavern on April 15, 1975, and closed the operation on April 17, saying that they were concerned about their physical safety and the legality of the project. I think objections on the ground of feared illegality come tardily under the circumstances. The dissenting judge in the appellate court observed: “Upon the actual issue, the record does not support a factual determination that the plaintiffs disobeyed because their acts were deemed illegal, but rather because they believed the operation ill-advised, hazardous and personally objectionable. In effect, they undertook to refuse their assignment for such reasons rather than for the reasons devised for purposes of the present action.” 74 Ill. App. 3d 420, 435.
Considering all of the circumstances, I believe that the Department and the Commission properly considered the conduct insubordinate.