Pindak v. Dart (125 F. Supp. 3d 720, 2015)

MEMORANDUM OPINION AND ORDER

REBECCA R. PALLMEYER, United States District Judge

This case "is a First Amendment challenge to restrictions imposed by private security officers and Cook County Deputy Sheriffs on panhandling activities in Daley Plaza. Plaintiffs Kim Pindak, Norman Talley, and Sam Phillips are three individuals who regularly panhandle to supplement their income and who have attempted to panhandle on Daley Plaza. ■ Plaintiffs allege that Cook County Deputy Sheriffs and private security guards employed by Securitas Services, Inc. have repeatedly interfered with Plaintiffs’ constitutional rights by barring them from panhandling on Daley Plaza. They filed this § 1983 suit seeking compensatory and' punitive damages; a. declaration that Securitas’ and the Sheriffs policy of. removing panhandlers is unconstitutional; and an injunction barring Defendants from interfering with lawful panhandling on the Plaza. Plaintiffs named Securitas guards Antonio Kelly and Deron Truman (Count II), and Deputy Sheriffs Dalibor Jevtic and Laverne Nance (Count V) as Defendants. .Plaintiffs also contend that Securitas, Inc. (Count I) and Thomas Dart, in his official capacity as Cook County Sheriff (Count IV), are liable as entities under Monell v. Department of Social Services of City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), because they have established policies or customs of removing peaceful panhandlers from Daley Plaza. Finally, Plaintiffs assert that, even if Securitas is not directly liable ' under Monell, it should nonetheless be vicariously liable for the actions of its employees based on a theory of respondeat superior (Count III).

The parties have filed cross-motions for summary judgment. Plaintiffs seek summary judgment [217] against Kelly, Truman, and Securitas (“Securitas Defendants”). In a second motion, Plaintiffs move for summary judgment [257],against Deputy Jevtic and Sheriff Dart. Plaintiffs do not seek summary judgment against Deputy Nance.

Defendants also • move for. summary judgment. Securitas Defendants seek summary judgment [254] on Counts I, II, and III (the only counts pertaining to those Defendants), urging that Securitas Defendants do not act “under color of state law” and are .therefore not subject to § 1983 liability., Even if they could be held liable under. § 1983, Securitas Defendants contend, Plaintiffs have not identified sufficient evidence showing (1) that Kelly and Truman actually prohibited Plaintiffs from panhandling on the Plaza; or (2) that Securitas had a policy or custom that would create entity, liability under Monell. Finally, Securitas contends that it may not be held vicariously liable because Seventh Circuit case law precludes a respondeat superior theory of liability in § 1983 actions.

As explained in detail below, the court concludes that Securitas guards do act under color of state law when they regulate speech activities on Daley Plaza, a public forum, and that the undisputed evidence establishes that Truman and Kelly interfered with Plaintiffs’ attempts, to panhandle on the Plaza. Though the court is sympathetic to Plaintiffs’ request to hold Securitas vicariously liable for the actions of its employees, it ultimately agrees with Securitas that respondeat superior liability is barred by Seventh Circuit precedent. Plaintiffs may still be able to prevail on their Monell claim against Securitas, however, as material disputes of fact remain regarding whether Securitas had a policy or custom of interfering with panhandling on the Plaza. Securitas’ motion is accordingly granted with respect to Plaintiffs’ respondeat superior claim (Count III), but otherwise denied. Plaintiffs’ motion against Securitas is granted with respect to Plaintiffs’ claims for individual liability (Count II), but denied with respect to its claims for , entity liability against Securitas (Counts I and III).

Sheriff Dart and Deputies’ Nance and Jevtic (“Sheriffs Defendants”) also seek summary judgment [231], arguing that Plaintiffs have not identified any evidence (1) that Deputies Nance and Jevtic actually prohibited Plaintiffs from panhandling; or (2) that the Sheriffs Department has a policy or custom sufficient to support Monell liability. Sheriffs Defendants also assert that they are entitled to qualified immunity. The Sheriffs Defendants’ motion is denied: An audio recording of Deputy Jevtic declaring to Pindak that panhandling is prohibited provides undisputed evidence that Deputy Jevtic interfered with Pindak’s rights. Material dispútes of fact preclude summary judgment for Deputy Nance or Sheriff Dart, and the court concludés that Sheriffs Defendants are not entitled to qualified immunity. As noted, Plaintiffs have moved for summary judgment against Defendants Jevtic and Dart [257], That motion is granted with respect to Pindak’s claims against Deputy Jevtic (Count V) and denied with respect to Plaintiffs’ allegations against Sheriff Dart (Count IV).

BACKGROUND

I. Security at the Daley Center

The Daley Center is a 30-story office building and an iconic landmark in the heart of Chicago. The building houses the Circuit Court of Cook County, among other tenants, and hosts approximately 30,000 visitors each day. (Securitas Defs.’ Stmt, of Uncontested Facts [256], hereinafter “Securitas SOF” ¶ 10; Pis.’ Resp. to Def. Securitas’ L.R. 56.1(a) Stmt, of Facts [261], hereinafter “Pis.’ Resp. to Securitas SOF” ¶ 10; Pis.’ Stmt, of Add’l Mat. Facts in Resp. to Sheriff Defs.’ Mot. for Summ. J. [269], hereinafter “Pis.’ SAF” ¶ 86; Sheriffs Defs.’ Resp. to Pis.’ Stmt, of Add’l Mat. Facts [274], hereinafter “Sheriffs Resp. to Pis.’ SAF” ¶ 86.) It is undisputed that the. Plaza is a public forum: It stretches across the, block in front of the courthouse; is home to an eternal flame in honor of those who died in the U.S. armed forces, a large Picasso sculpture, a fountain, and outdoor seating; and is a frequent location for political rallies, demonstrations, and various cultural events. (Securitas SOF ¶ 8; Pis.’ Resp. to Securitas SOF ¶ 8; Pis.’ Mot. for Summ. J. against Securitas, Truman, and Kelly [217], hereinafter “Pis.’ Securitas Mem.,” 4.) '

The building opened .in 1966 as the Chicago Civic Center- and was renamed ten years later, in honor of the first Mayor Daley, Richard J. Daley. (Securitas SOF ¶ 6; Pis.’ Resp. to Securitas SOF ¶ 6.) The Daley Center was built by the Public Building Commission of Chicago (“PBC”), a municipal corporation created pursuant to the Illinois Public Building Commission Act. (Securitas SOF ¶¶ 1-2; Pis.’ Resp. to Securitas SOF ¶¶1-2); 50 ILCS 20/14. PBC is the legal owner and a tenant of the Daley Center and since 1988 has maintained regulations and procedures for the use of the Daley Center lobby and Plaza. (Securitas SOF ¶¶9, 11; Pis.’ Resp. to Securitas SOF ¶9, 11); see 50 ILCS 20/14(a), (f) (delegating to all Public Building Commissions in Illinois ,the power to “select, locate and designate” buildings for municipal and county use and “to provide rules and regulations for the operation, maintenance and management of’ such buildings.). PBC also contracts with MB Real Estate Services, LLC (“MBRE”) to manage the Daley Center and Plaza. (Securitas SOF ¶ 15; Pis.’ Resp. to Securitas SOF ¶ 15.)

A. Cook County Sheriff

By state statute, the Cook County Sheriff is responsible for providing security at all Cook County courthouses, and the Sheriff therefore provides security services for the Circuit Court of Cook County within the Daley Center. (Securitas SOF ¶ 13; Pis.’ Resp. to Securitas SOF ¶ 13; Sheriffs Resp. to Pis.’ SAF ¶¶ 79-80); 55 ILCS 5/3-6017. Two Sheriffs deputies are assigned to outside posts on Daley Plaza— one on the east side and one on the west— and a third deputy provides lunch relief and fills in when one of the first two is absent. (Sheriffs Defs.’ Am. Stmt, of Mat. Facts [235], hereinafter “Sheriffs SOF” ¶ 21; Pis.’ Resp. to Def. Sheriffs Stmt, of Facts [270], hereinafter “Pis.’ Resp. to Sheriffs SOF” ¶ 21; Pis.’ SAF ¶ 53; Sheriffs Resp. to Pis.’ SAF ¶ 53.) Two marked Cook County Sheriffs squad cars are also stationed at Daley Plaza. (Pis,’ SAF ¶ 54; Sheriffs Resp. to Pis.’ SAF ¶ 54.)

Defendants Deputy Laverne Nance and Deputy Dalibor Jevtic are both assigned to the Daley Center. Deputy Nance, has been a Sheriffs Deputy since 2004 and has been assigned to an outside post at Daley Plaza since 2008. (Sheriffs SOF ¶¶ 77-78; Pis.’ Resp. to Sheriffs SOF ¶¶ 77-78.) Deputy Nance works 8:30 a.m. to 4:30 p.m. Monday through Friday and typically patrols on the west side of the Plaza, near Clark Street. (Pis.’ SAF ¶ 33; Sheriffs Resp. to Pis.’ SAF ¶ 33; Dep. of Antonio Kelly, Ex. 7 to Pis.’ Securitas Appendix [219-7], hereinafter “Kelly Dep.,” 76:13-17; Dep. of Deron Truman, Ex. 8 to Pis.’ Securitas Appendix [219-8], hereinafter “Truman Dep.,” 21:5-9.) Before Deputy Jevtic became a Sheriffs Deputy in 2003, he worked as a private security guard on Daley Plaza for Aargus Security Systems, Inc., one of Securitas’ predecessors. (Sheriffs Resp. to Pis.’ SAF ¶ 23.) Deputy Jevtic became a Sheriffs Deputy in 2003 and was assigned to an outside post on Daley Plaza from 2005 to 2007. (Sheriffs SOF ¶ 88; Pis.’ Resp. to Sheriffs SOF ¶88.) Since 2008, however, Jevtic has been assigned to a courtroom in the Daley Center and works outside only intermittently when another deputy is sick or. on vacation. (Sheriffs SOF ¶¶ 90-91; Pis.’ Resp. to Sheriffs SOF ¶¶ 90-91; Sheriffs Resp. to Pis.’ SAF ¶ 16.) The deputies stationed outside are responsible for conducting perimeter checks, monitoring the flower pots for suspicious items, looking for suspicious activity, removing parked cars, issuing parking tickets, and maintaining general public safety on the Plaza. (Sheriffs SOF ¶ 89; Pis.’ Resp. to Sheriffs SOF ¶ 89.)

B. Private security

In addition to the services provided by the Cook County Sheriffs Department, MBRE and PBC have hired private security to work at the Daley Center and Daley Plaza. (Securitas SOF ¶ 18; Pis.’ Stmt, of Undisputed Facts in Supp. of Pis.’ Mot. for Summ. J. against Securitas [218], hereinafter “Pis.’ Securitas SOF” ¶ 8; Securitas Defs.’ Resp. to Pis.’ Stmt, of Uncontested Facts [263], hereinafter “Securitas Resp. to Pis.’ SOF” ¶ 8.) Securitas, the largest private security company in the United States, began providing security services at Daley Plaza in October 2010 after it acquired Security Management and Investigations, Inc. (“SMI”). (Pis.’ Securitas SOF ¶¶7, 109; Securitas Resp. to Pis.’ SOF ¶¶ 7,109.) Securitas took over SMI’s obligations under a January 2010 contract between SMI and PBC “acting by and through its manager and agent [MBRE].” (2010 Service Contract, Ex. 24 to Pis.’ SOF [220-11], hereinafter “2010 Contract,” 1; Pis.’ Securitas SOF ¶¶7, 110; Securitas Resp. to Pis.’ SOF ¶¶ 7, 110.) The 2010 contract was amended on October 27, 2011 to change the name of the contracting party from “SMI” to “Securitas,” but the terms were otherwise unaltered. (Securitas SOF ¶ 26; Pis.’ Resp. to Securitas SOF ¶26.) In 2013, after the 2010 contract expired, Securitas entered into a new contract to provide security services at the Plaza, from March 1, 2013 through February 28, 2016. (2013 Service Contract, Ex. 38 to Pis.’ SOF [221-13], hereinafter “2013 Contract,” 1; -Pis.’ Securitas SOF ¶¶6-7; Securitas Resp. to Pis.’ SOF ¶¶ 6-7.) The contract imposes generally the same duties and obligations as the 2010 contract, but only Securitas and MBRE are parties to the 2013 agreement. (Pis.’ Securitas SOF ¶¶ 6-7; Securitas Resp. to Pis.’ SOF ¶¶ 6-7; 2013 Contract at 1.)

The 2010 contract described SMI as an “independent contractor” and defined its obligations (which Securitas later assumed) by reference to an October 1, 2009 Request for Proposals (“RFP”). (Service Contract, Ex. 24 to Pis.’ Appendix [220-11], hereinafter “2009 Contract” § 6; Securitas SOF ¶25; Pis.’ Resp. to Securitas SOF ¶ 25; Pis.’ Securitas SOF ¶ 110; Securitas Resp. to Pis.’ SOF ¶ 110.) The RFP sets forth the hours that the security contractor (now Securitas) will provide services and contains drawings dictating the location of security posts. (Oct. 1, 2009 Request for Proposal, Ex. 25 to Pis.’ Appendix [220-12], hereinafter “RFP,” 12-14; Drawings of Security Post Locations, Ex. L to Securitas SOF [25634]; Securitas SOF ¶25; Pis.’ Resp. to Securitas SOF ¶ 25.)

Two security guards work on Daley Plaza during the work week. The two guards currently filling those positions are Antonio Kelly and Deron Truman. Kelly is a licensed private security guard who has worked at the Daley Center since 2004. (Securitas SOF ¶ 47; Pis.’ Resp. to Securitas SOF ¶ 47.) In 2004 he was employed by Aargus Security, SMI’s predecessor, but in 2005 he became an SMI employee when SMI took over Aargus’ contract; Kelly continued to work at the Daley Center and Plaza. (Securitas SO,F ¶ 47; Pis.’ Resp. to Securitas SOF ¶47.) Then, on January 18, 2011, after .-Securitas purchased SMI, he became a Securitas employee. (Securitas SOF 1Í1Í-47 — 48; Pis.’ Resp. to Securitas SOF ¶¶ 47-48.) Deron Truman is also a licensed private security guard. He began working at the Daley Center and Plaza in 2005 for SMI and became a Securitas employee on January 17, 2011. (Securitas SOF ¶¶ 61-62; Pis.’ Resp. to Securitas SOF ¶¶ 61-62.)

Kelly and Truman work Monday through Friday in the guard booth located on the east side of Daley Plaza. (Pis.’ Securitas SOF ¶ 16; Securitas Resp. to Pis.’ SOF ¶ 16.) Kelly’s shift runs from 6:00 a.m. to 2:30 p.m., while Truman works from 9:00 a.m. to 5:30 p.m., working together with Kelly during the time, that their work hours overlap. (Pis.’ Securitas SOF ¶¶ 12, 17; Securitas Resp. to Pis.’ SOF ¶¶ 12, 16-17.) The Securitas guards wear five-pointed metal star badges, yellow shirts - with patches on .the sleeves bearing the word “security,” BDU pants, military style boots, and utility belts with equipment including radios and flashlights. (Truman Dep. at 30:11-31:6; see also Kelly Dep. at 33:8-34:16; Photo of Kelly on Duty, Ex. 30 to Pis.’ Appendix [221-5].) Truman and Kelly also carry handcuffs. (Pis.’ Securitas SOF ¶ 123; Securitas Resp. to Pis.’ SOF ¶ 123.) Kelly and Truman have the option to wear bullet proof vests, and Kelly often does so. (Plsf-Securitas SOF ¶ 122; Securitas Resp. to Pis.’ SOF ¶ 122.)

Captain Melvin Waters is Truman and Kelly’s immediate supervisor. (Pis.’ Securitas SOF ¶ 20.) He has worked at the Daley Center, under the various security contractors, for more than 20 years, and is currently employed by Securitas’ subcontractor Star Detective Agency. (Pis.’ Securitas SOF ¶¶ 18-20; Securitas Resp. to Pis.’ SOF ¶¶ 18-20.) Captain Waters also wears a star and nameplate, but he wears a white shirt with stripes on the sleeves and a variety of metal pins indicating his rank within the company. (Pis.’ Securitas SOF ÍI124; Securitas Resp. to Pis.’ SOF ¶ 124.) Waters testified that he is frequently mistaken for a police officer while working at the Daley Center. (Pis.’ Securitas SOF ¶ 130; Securitas Resp. to Pis.’ SOF ¶ 130.) Toriono (“Tee”) Coleman, Securitas’ Security Manager at the Daley Center, also commented on the apparent confusion, stating ’“people ... always appear to think that a security officer has the same power as a police officer.” (Pis.’ Securitas SOF ¶ 131; Securitas Resp. to Pis.’ SOF ¶ 131.)

C. The relationship between Securitas and the Cook County Sheriff

Securitas, MBRE, and the Cook County Sheriff all have input into security decisions that affect the Daley Center- (Pis.’ SAF ¶82; Sheriff’s Resp. to.Pis.’ SAF ¶ 82), but there is no formal coordination or contract between Securitas and the Cook County Sheriff. (Securitas SOF ¶ 14; Pis.’ Resp. to Securitas SOF ¶ 14.) The Sheriff has-no supervisory authority over Securitas' employees, and Securitas guards do not report to personnel in the Sheriffs Department. (Sheriffs SOF ¶ 3; Pis.’ Resp. to Sheriffs SOF ¶3.) Sheriffs Defendants maintain that Sheriffs deputies and Securitas guards have different assignments and duties, follow different orders, and do not coordinate their activities. (Sheriffs SOF ¶¶ 4-6.) For example, Thomas Boyd, a Sheriffs Sergeant responsible for supervising the deputies working at the Daley Center from 2003 through 2Ó12, testified that there were no joint meetings involving the Sheriffs Department and private security companies. (Dep. of Thomas Boyd, Ex. 9 to Pis.’ Sheriff SOF [230-9], hereinafter “Boyd Dep.,” 37:3-13; Pis.’ SAF ¶ 63; Sheriffs Resp. to Pis.’ SAF ¶ 63.) Deputies Nance and Jevtic testified that the deputies do not take orders from the Securitas guards or from MBRE. (Dep. of Laverne Nance, Éx. 3 to Pis.’ Sheriff Appendix [230-3], hereinafter “Nance Dep.,” 101:1-13; Dep. of Dalibor Jevtic, Ex. 4 to Pis.’ Sheriff Appendix [230-4], hereinafter ■ “Jevtic Dep.,” 99:10-17.) Nor do the deputies give orders to the Securitas guards. (Jevtic Dep. ■ at 99:18-21.) Finally, Deputy Jevtic, who has worked both as a private security guard and as a Sheriffs Deputy, explained that the deputies “have our own orders” .and that deputy “assignments are different than” the private security guards’ assignments. (Id. at 32:20-33:1.) The-differences between the two group’s assignments may not be sharp ones. When he worked as a security officer for Aargus, Jevtic worked “inside the security guard shack,” screening access to the loading dock; as a Sheriffs Deputy, Jevtic was at times assigned to one of the “outside security posts,” but at other times is “roving around the whole building.” (Jevtic Dep. at 34:15-20, 39:16-19.) He also observed other security officers performing perimeter checks during his tenure with Aargus, however. (Id. at 38:9-17.)

Indeed, Defendants acknowledge that, though there is no formal coordination, the Securitas guards’ duties do overlap with the Sheriffs deputies’ and that the guards and deputies work together “unofficially.” (Truman Dep. at 18-24.)' A Sheriffs deputy is assigned to occupy the guard booth with the Securitas guards. (Pis.’ Securitas SOF ¶24; Securitas Resp. to Pis.’ SOF ¶ 24; Kelly Dep. at 20:12-16; Dep. of Torióno Coleman Dep., Sept, li, 2013; Ex. 5 to Pis.’ Securitas Appendix [219-5], hereinafter “Coleman Dep. I,” 98:8-10; Truman Dep. at 29:24-30:7.) There is a closed-circuit television system with cameras recording inside the Daley Center and three cameras on the sides of the building recording the activities on Daley Plaza, (Dep. of Edward Carik, Ex. 10 to Pis.’ Securitas Appendix [219-10], hereinafter “Carik Dep.,” 65:21-66:9.) Both Sheriffs deputies and Securitas guards monitor a closed circuit television system during the day, but Securitas alone is responsible for monitoring the cameras overnight. (Carik Dep. at 65:9-66:18; Dep. of Toriono Coleman, Mar. 18, 2014, Ex. 6 to Pis.’ Securitas Appendix [219-6], hereinafter “Coleman Dep. II,” 146:3-9; Pis.’ SAF ¶ 81; Sheriffs Resp. to Pis.’ SAF ¶81.) During the day, the guards and deputies have different monitoring responsibilities, however: the deputies monitor the lobby and the lockup in the building, where prisoners are held, while Securitas guards monitor people coming into the building through the parking garage and the loading dock. (Carik Dep. at 115:19-116:16; Coleman Dep. II at 150:6-23.)

There is some disputed evidence of other informal coordination, as well. Kelly testified that the Securitas guards perform patrols together with the Sheriffs deputies. (Kelly Dep. at 36:9-11.) According to Truman, however, both the deputies and guards patrol the Plaza, but do so independently. (Truman Dep. at 36:18-37:13.) Deputies Nance and Jevtic, similarly, assert that any joint patrols are merely coincidental. (See Nance Dep. at 109:9-13; Jevtic Dep. at 77:15-20.) Sheriff’s Deputies may also, unofficially, defer to Securitas’ guidance and directions. The Sheriffs Defendants contend, for example, that Securitas has “ultimate responsibility for monitoring citizen activity and for any events on Daley Plaza.” (Sheriffs SOF ¶ 10; Pis.’ SAF ¶ 65; Sheriffs Resp. to Pis.’ SAF ¶ 65.) Deputy Jevtic testified that in responding to Pindak’s question on May 7, 2012, by saying that panhandling was not allowed on the Plaza, Jevtic was simply “repeating to [Pindak] what [the Securitas guard] said.” (Jevtic Dep. at 57:21-24.) Truman also explained that if the Sheriffs deputies “see that [a] person does not want to comply with us asking as security officers” for the person to leave, the deputies “at times, may step in and assist ... they would ask the person to leave the plaza.” (Truman Dep. at 45:20-46:5.)

II. Plaintiffs’ panhandling activities on Daley Plaza

Plaintiffs are individuals who panhandle regularly at several locations in the City of Chicago. All three have sought to panhandle on Daley Plaza. (Pis.’ Securitas SOF ¶ 1; Securitas Resp. to Pis.’ SOF ¶ 1.) Kim Pindak typically holds out a cup and asks people walking by for spare change. (Pis.’ Securitas SOF ¶ 2.) Samuel Phillips holds a cup and a sign that reads “I’m Just Hungry.” (Pis.’ Securitas SOF ¶ 3; Securitas Resp. to Pis.’ SOF ¶ 3.) Norman Talley prefers to engage people in one-on-one conversations and then ask for donations. (Pis.’ Securitas SOF ¶ 4.)

A. Pindak

Plaintiffs allege that Securitas guards and Sheriffs deputies have repeatedly prevented each of them from panhandling on Daley Plaza. The first incident Plaintiffs describe occurred in 2008 or 2009: Pindak was attempting to panhandle on the Plaza when an unidentified Sheriffs deputy placed him in handcuffs and took him to the lockup on the lower level of the Daley Center. (Pis.’ Stmt, of Facts in Supp. of Mot. for Summ. J against Sheriffs Defs. [258], hereinafter “Pis.’ Sheriff SOF” ¶ 10.) There, a heavyset sergeant (also unidentified) told Pindak “never to come back” to the Plaza and warned him that if he attempted to panhandle there again, he would be arrested and taken to “May-wood,” presumably referring to the Cook County Sheriffs Police Headquarters. (Pis.’ Sheriff SOF 1111; Dep. of Kim Pindak, Nov. 20, 2013 [2302], hereinafter “Pindak Dep. II,” 81:20-24.)

Pindak has also made multiple video and audio recordings documenting his interactions with the guards and deputies. The earliest is a video recorded on October 6, 2009, which shows Captain Melvin Waters telling Pindak that the Daley Center is “private property,” that the building does not permit panhandling, and that Pindak was permitted to beg only on the public sidewalk, away from the Plaza. (Pis.’ Securitas SOF ¶ 29; October 6, 2009, Ex. 20 to Pis.’ Appendix [220-7]; Dep. of Melvin Waters, Ex. 14 to Pis.’ Appendix [220-1], hereinafter “Waters Dep;,” 76:10-14 (recognizing his own voice on the video).) Waters testified that he asked Pindak to leave the Plaza because “the procedure[] .'.. was me walking somebody to the corner, telling them what they couldn’t do. At that time, that’s what I was told to do,” by Ed Carik, the Security Director for MBRE, and Tee Coleman, Securitas’ Security Manager at the Daley Center. (Waters Dep. at 80:6-14, 81:7-10; Pis.’ Securitas SOF ¶ 97; Securitas Resp. to Pis.’ SOF ¶ 97.) According to Waters, “building management,” (presumably Carik, the Security Director for MBRE), enforced a policy prohibiting panhandling on the Plaza until July 2013, when the policy changed, and Waters and the security guards “were told,” he doesn’t specify by whom, “that [they] couldn’t ask anybody to leave.” (Waters Dep. at 112:12, 186:1-9; Pis.’ Securitas SOF ¶¶ 94-95, 98; Securitas Resp. to Pis.’ SOF ¶¶ 94-95, 98.)

On September 24, 2010, Pindak went to Daley Plaza, and with the help of his friend Jeff Kramer, recorded another video to use as evidence in this lawsuit, filed five days later.- (Pis.’ Securitas SOF ¶¶ 25, 27.) The video shows Kelly announcing that panhandling is prohibited on the Plaza “this year, the following year, and the year after that,” and warning that if Pindak did pot leave, Kelly was “going to put handcuffs on” him. (Pis.’ Securitas SOF ¶ 25; Sept. 24, 2010 Video, Ex. 21 to Pis.’ ■ Appendix [220-8], hereinafter “9/24/2010 Video,” 0:32-0:42.) Truman joins the conversation, adding “there is no soliciting on the Plaza,” and stating that Pindak must go “outside the Plaza” to the street corner. (Pis.’ Securitas SOF ¶ 26; Securitas Resp. to Pis.’ SOF; 9/24/2010 Video at 0:38-0:56.) Truman and Kelly then begin to escort Pindak off the Plaza, and while they are walking, they approach Deputy Nance, who asks, “is everything OK?” Kelly responds: “He’s on his way off the Plaza,” and directs Pindak to “keep walking.” Deputy Nance simply replies “Oh, Ok.” (9/24/2010 Video at 1:22-1:32; Nance Dep. at 97:8-16, 98:8-11; Pis.’ SAF ¶¶ 84-85; Sheriffs Resp. to Pis.’ SAF ¶¶ 84-85.) Based on Kelly’s threat to “put handcuffs on” him, Pindak “believe[d] that [Kelly] was capable of making such an arrest.” (Dep. of Kim Pindak I, Ex. 1 to Pis.’ Appendix [219-1], hereinafter “Pindak Dep. I,” 42:10-14.)

More than a year later, on May 7, 2012, Pindak returned to the Plaza and made an audio recording. Pindak does not remember whether he had been panhandling immediately before the recording was made, and believes that he first approached the guard booth to ask' whether panhandling was permitted on the Plaza. (Sheriffs SOF ¶¶ 48-51; Pis.’ Resp. to Sheriffs SOF ¶¶ 48-51.) In response to. the question, Deputy Jevtic can be heard on the recording telling Pindak, “there is no panhandling on the Plaza itself for anyone,” and explaining that panhandling is prohibited “anywhere” on the Plaza, but “across the street you can.” (May 7, 2012 Audio Recording, Ex. 22 to Pis.’ Appendix [220-9], hereinafter “5/7/2012 Audio ¡Recording,” 5:48-6:05.) As noted earlier, Jevtic admits making these statements, but asserts that he was merely repeating statements being made by a Securitas guard, who was in the booth with him. (Sheriffs SOF ¶ 104; Pis.’ Resp. to Sheriffs SOF ¶ 104; Jevtic Dep. at 54:3-13, 56:7-11, 57:21-58.) Deputy Jevtic also explained that the directions he gave Pindak were consistent with what he learned during his tenure working as a private security guard for Aargus; at that time, he was told (he does not recall by whom) that panhandling was prohibited on the Plaza. (Pis.’ SAF ¶ 24; Sheriffs Resp. to Pis.’ SAF ¶ 24; Jevtic Dep. at 54:15-22.)

Other - than his recorded conversation with Pindak, Jevtic has had little interaction with panhandlers. He has given Phillips a few quarters on occasion, and bought him a cheeseburger once, but has had no other communications with him. (Sheriffs SOF ¶ 106; Pis.’ Resp. to Sheriffs SOF ¶ 106.) No Securitas guard has ever brought a panhandler to him, nor has Jevtic witnessed Securitas guards bringing a panhandler to another deputy. (Sheriffs SOF ¶ 109; Pis.’ Resp. to Sheriffs SOF ¶ 109.) Nor has he ever witnessed a Sheriffs deputy remove a panhandler from Daley Plaza or direct a panhandler to leave. (Sheriffs SOF ¶ 110; Pis.’ Resp. to Sheriffs SOF ¶ 110.) In short, Deputy Jevtic explained that “I’ve never had to take any action because of somebody’s panhandling. I never had to interfere with anything like that.” (Jevtic Dep. at 57:13-17.)

Though there is no recording to corroborate his testimony, Pindak asserts that at some point before his conversation with Deputy Jevtic on May 7, 2012, he had a conversation with Deputy Nance, in which Nance told Pindak., that Pindak was “banned” from Daley Plaza. (Sheriffs SOF ¶¶ 35-39, 43; Pis.’, Resp. to Sheriffs SOF ¶¶ 35-39, 43; Sheriffs Resp. to Pis.’ SAF ¶ 13.) Pindak was confused about the actual date of his conversation with Nance: it may have been earlier in the'-day on May 7, 2012, -or it may have been a couple of weeks prior. (Sheriffs SOF ¶ 35; Pis.’ Resp. to Sheriffs SOF ¶ 35; Pindak Dep. II at 49:16-50:2, 118:20— 119:4.) Pindak also did not remember how the conversation started, or whether he was actually panhandling that day, but he believes that he approached Nance to ask whether panhandling was permitted on the Plaza. (Sheriffs' SOF ¶¶36-37; Pis.’ Resp. to Sheriffs SOF ¶¶ 36-37.) Nance admits that he has seen Pindak panhandling on Daley Plaza at least ten times, but maintains that he has never confronted Pindak about his behavior. (Sheriffs SOF ¶¶ 79-80; Pis.’ Resp. to Sheriffs SOF ¶ 79.) According to Nance, he has had only one conversation with Pindak, several years ago, perhaps between 2009 and 2011, when Pindak and another panhandler wanted to occupy the same spot on the sidewalk. (Nance Dep. at 52:23-53:12.) All Nance recalls about that interaction is that he “went and spoke with the other gentleman and it was just ... a disagreement. That’s the bottom — that was the case.” (Id. at 52:18-22.) Nance denies seeing any Sheriffs deputy tell someone they could not panhandle on the Plaza, and maintains that he has never been asked by a Securitas guard to assist with removing a panhandler. ‘(Sheriffs SOF ¶¶84, 86; Pis.’ Resp. to Sheriffs, SOF ¶ 84.)

B. Phillips

Phillips has testified about similar interactions with security guards and Sheriffs deputies on the Plaza. Phillips regularly panhandles on the; public sidewalk at the corner of Clark and Randolph streets, holding a sign that says “I’m just hungry.” CPIs' Securitas SOF ¶38; Securitas Resp. to Pis.’ SOF ¶ 38.) According to Phillips, in 2009 a Sheriffs- deputy told him he could not panhandle at that comer, but later, another official, described as a “heavyset sergeant,” told him he was permitted to panhandle on the=corner, so long as he remains “by that pole” and stands on the corner. (Dep. of Samuel Phillips, Ex. 3 to Pis.’ Securitas Appendix [219-3], hereinafter “Phillips Dep.,” 68:20-69:22.) He testified that, during the summer of 2012, when he tried to walk through the Plaza, deputies and guards told him he could not beg there. In response, Phillips testified, he would leave immediately. (Pis.’ Securitas SOF ¶ 40; Securitas Resp. to Pis.’ SOF ¶ 40; Sheriffs Resp. to Pis.’ SAF ¶5; Phillips Dep. 72:17-73:20; 81:3-82:8.) According to Phillips, this happened “on a daily basis,’ a total of 10 to ,20 times, before Phillips stopped trying to go into the Plaza at all, choosing instead to remain on the corner of Clark and -Randolph streets. (Phillips Dep. at 71:24-8, 72:19-20.)

Defendants note that Phillips could not provide the names of any individuals, who told him he could not beg in the Plaza, , and was unable to differentiate between the number of times the Sheriffs deputies were involved versus the security guards. (Securitas SOF ¶ 112; Pis.’ Resp. to Securitas SOF ¶ 112; Sheriffs SOF ¶¶ 66-67; Phillips Dep. at. 81:8-12, 85:12-13.) Phillips did explain, however, that he could distinguish between Securitas guards and Sheriffs deputies, and “they don’t have to be.in uniform” because he has “seen them all these times, [and] know[s] exactly who they are.” (Phillips Dep. at 52:20-53:1.) Though he did not know the names of the Securitas guards, Phillips did testify that the “short, guard” was the first one who told him-he had to leave the Plaza. (Phillips Dep. at 75:3-11.) He went on to explain that “the shorter one, he [sic],more muscular than the tall one. There’s not but two of them that work there. There was [sic] three, but he took a test and he became a sheriff.” (Phillips Dep. at 75:22-76:1.) He also explained that he would be able to identify the short guard if he saw a picture of him. (Phillips Dep. at 76:19-20.) Moreover, he explained that the people who first told him to leave wore “[a] yellow shirt and black pants with ‘Security’ on it,” apparently a reference to Securitas personnel. (Phillips Dep. at 81:1-2.) Other times, however,. Cook County deputies were involved. :

C. Talley. ,

Talley makes allegations against Securitas guards only. (Sheriffs SOF ¶¶ 73-76; Pis.’ Resp.‘to Sheriffs SOF ¶¶ 73-76.) Talley .testified that in summer of 2012, he was panhandling on Daley Plaza for about an hour when Kelly approached him. Talley recalled that Kelly said that he had been observing Talley for some time, told Talley that panhandling was not allowed on the Plaza, and warned that if he kept panhandling, Talley “will be arrested.” (Dep. of Norman Talley, Ex. 4 to Pis.’ Securitas Appendix [219-4], hereinafter “Talley Dep.,” 116:16-117:9.) Securitas Defendants deny that Kelly made these statements, but provide no citations to the record to support that assertion. (See Securitas Resp. to Pis.’ SOF ¶¶ 36-37.) Talley explained that he could discern the difference between a Chicago Police Officer, a Cook County Sheriffs Deputy, and a private security officer (Talley Dep. at 74:17-75:3), and he knew Kelly was not a police officer or a Cook County Sheriff. (Id. at 96:20-23.) Nonetheless, he

simply assumed that [Kelly] worked in some kind of police capacity for the Daley Center ... He wore a uniform that he wears. It is an authoritative uniform, such as police or sheriffs would wear ... I knew that he was of — I could 'consider him as some type- of law enforcement that worked there on the Daley Plaza.

(Dep. of Talley at 93:19-95:4.)

D. Plaintiffs’ claims

As a result of these interactions, Plaintiffs maintain that they have been deterred from panhandling on the Plaza. Pindak testified that he did not feel free to panhandle after his conversation with Deputy Jevtic and that he “felt there was a possibility that I would eventually get arrested.” (Pindak Dep. II at 217:11-23.) He goes “out of [his] way to avoid the Plaza as much as possible.” (Pindak Dep. II at 219:2-4.) He has returned to the Plaza about 25 times, but the visits were only for a few minutes while he was “[t]rying to see if someone would help me along the way and get out of there.” (Pindak Dep. II at 209:24-210:10.) He primarily went around Christmas when “people are more generous and security is more lenient.” (Pindak Dep. II at 209:8, 213:16-17, 219:6-7; Sheriffs SOF ¶¶ 29-31, 33; Pis.’ Resp. to Sheriffs SOF ¶¶ 29-31, 33.) Talley would like to panhandle on the Plaza because there are more people coming and going than on State Street where he would otherwise panhandle, and he believes he would collect up to $20 more a day on Daley Plaza. (Talley Dep. at 128:19-23, 130:2-14.) But after his interaction with Kelly, Talley never returned to panhandle at the Plaza because he “didn’t want to be locked up.” (Talley Dep. at 130:5-132:11; Pis.’ Securitas SOF ¶¶ 45-46; Securitas Resp. to Pis.’ SOF ¶¶ 45-46.) Similarly, Phillips keeps his panhandling to the corner at Randolph and Clark, on the sidewalk, and avoids walking through the Plaza. (Phillips Dep. at 69:8-22.) He explained, “I never tried to panhandle on the plaza. Because ... every time you go in there, they bum-rush you, and I just tried to stay out of any trouble,” clarifying that “they” referred to the “[g]uards in the booth ... or the two guards that be in the car over there.” (Dep. of Phillips, p. 101:22-102:5.)

Securitas Defendants have acknowledged that panhandlers are, at least sometimes, removed from the Plaza. Though Nance has denied it, Kelly has seen Nance remove aggressive panhandlers at least 25 times in the last ten years. (Kelly Dep. at 76:18-77:18.) Of these 25 times, Kelly was actually working with Nance in half of those instances, and in the other half, he witnessed Nance’s conversation with a panhandler from “about 10 feet away.” (Kelly Dep. at 97:3-99:5.) Truman explained that when someone is aggressively panhandling and not complying with the guards’ request to leave, the deputies will “step in and assist” by “askfing] the person to leave the plaza.” (Truman Dep. at 46:20-47:5.)

III. Securitas policy related to panhandling on the Plaza

The parties dispute whether Kelly and Truman’s actions were taken to execute Securitas policies. The responsibilities of Securitas and its employees at the Daley Center are outlined in a document called the “Post Orders.” Post orders, generally, are written documents that describe the responsibilities of the security guards stationed at each security post. (Pis.’ Securitas SOF ¶ 48; Securitas Resp. to Pis.’ SOF ¶ 48.) The specific Post Orders for Daley Center and Daley Plaza consist of 28 chapters covering a wide range of topics such as “Building Access,” “Uniform Specifications,” “Flag Protocol,” “Accident Investigation,” and, at issue in this case, “Dealing with and Handling Undesirables.” (Table of Contents to Post Orders, Ex. 39 to Pis.’ SOF [221-14], hereinafter “Post Order TOC”; Pis.’ Securitas SOF ¶¶48, 147; Securitas Resp. to Pis.’ SOF ¶¶48, 147.)

A copy of the Post Orders is kept in the booth where Kelly and Truman work. (Pis.’ Securitas SOF ¶ 60; Securitas Resp. to Pis.’ SOF ¶60.) There is no dispute that Securitas is tasked with following and enforcing these orders and that guards may be disciplined for disobeying them, but the parties dispute who originally authored the Post Orders. (Pis.’ Securitas SOF ¶¶ 57-59; Securitas Resp. to Pis.’ SOF ¶¶ 57-59.) The RFP incorporated into Securitas’s contract with MBRE specifies that Securitas must “[understand and implement the Post Orders,” and is required to “provide information to [MBRE] if the Post Orders can be improved,” but it does not describe the source of the Post Orders. (RFP at 12-14; Securitas SOF ¶ 25; Pis.’ Resp. to Securitas SOF ¶ 25; Pis.’ Securitas SOF ¶ 111; Securitas Resp. to Pis.’ SOF ¶ 111.) As the Security Manager for Securitas, Tee Coleman is the Securitas employee responsible for interpreting the Post Orders, and he testified that, though he has no formal legal training, he has an obligation to report to MBRE if he encounters an order that does not comply with the law. (Pis.’ Securitas SOF ¶¶ 140-41; Securitas Resp. to Pis.’ SOF ¶¶ 140-41; see also 2010 Contract at § 17.04 (requiring Securitas to “comply with all applicable laws,” and prohibiting Securitas from “tak[ing] any action ... which would violate any applicable law.”) Coleman also admitted that the Post Orders are the only written policy concerning panhandling at Daley Plaza. (Coleman Dep. I at 105:23-106:2.) But Coleman maintains that, since he began working at the Daley Center in 2006, there has also been an “oral Post Order” in effect that distinguishes between aggressive > and peaceful panhandlers, but he does not know who originally issued that oral order.

A. Written Post Orders

The Post Orders refer to panhandlers -in two places: Chapter 10 instructs the guards working at “Ramp 1 & 2,”, where Truman and. Kelly are assigned, to “perform hourly Plaza patrols” and “[r]emove any panhandlers, sleeping vagrants, or unauthorized solicitors.” (Post Orders, Chapter 10, Ex. 16 to Pis.’ Appendix [220-3], hereinafter “Ch. 10 Post Order,” 2; Coleman Dep. II at 107:10-16.) Chapter 16 of the Post Orders, titled “Dealing -with and Handling Undesirables,” explains that “[w]hile a security officer is on post [or] conducting patrols ... he or she may encounter an undesirable or suspicious person.” (Post. Orders, Chapter 16, Ex. 17 to Pis.’ Appendix [220-4], hereinafter “Ch. 16 Post Order,” 1.) The Order continues by defining an “undesirable or suspicious person” as “anyone who is seen or appears to be conducting disruptive activity (loitering, stealing, panhandling, etc.) unrelated to normal business operations.” (Id.) Tee Coleman, the Security Manager for Securitas, testified that the chapter covers panhandlers without distinguishing between aggressive and peaceful panhandling. (Coleman Dep. I. at 61:10-21, 106:13-24.) If a guard sees an “undesirable,” the Post Order instructs the guards to first observe the individual, question the individual about his or her purpose, and then to “inform the subject to leave the property or the local police wiil be contacted if they do not comply with your request. Do not threaten anyone that they will be arrested;” (Ch. 16 Post Order at 2) (emphasis in original.)

The parties dispute who authored the Post Orders. - Securitas insists that neither SMI nor -Securitas authored them (Securitas- SOF ¶ 30),- and the RFP, issued by MBRE, provides some support for that assertion. It states that, once MBRE has selected a security service, MBRE will 20 provide the security service with the “Post Locations, Post Orders and Instructions.” (RFP at 18.) The RFP further specifies, however, that Securitas is responsible for “understanding] and implement[ing] the Post Orders,” and is required to “provide information to [MBRE] if the Post Orders can be improved,” implying that Securitas might also have a role in drafting or updating the language in the Post Orders. (Pis.’ Securitas SOF ¶ 111; Securitas Resp. to Pis.’ SOF ¶ 111.)

Neither Ed Carik, the Security Director for MBRE, nor Coleman, the Security Manager for Securitas, knows who initially wrote the Post Orders. (Coleman Dep. 41:1-11; Carik Dep. at 45:13-46:6; Securitas SOF ¶ 36; Pis.’ Resp. to Securitas SOF ¶ 36.) Coleman testified that the Post Orders existed when he arrived at the Daley Center in 2006, but that Securitas and MBRE had “updated some additions” to the Post Orders when the closed-circuit television system was installed at the Daley Center in 2012. (Coleman Dep. II at 19:12-20:2.) At that time, the general manager of MBRE, Orestes Ruffin, emaile'd Coleman and “basically spelled out what is what, what should be done” to update the Post Orders. (Id. at 20:9-13.) Coleman reviewed Ruffin’s proposed changes, and submitted them to Ed Carik, the Security Director :for MBRE, and Ruffin gave final approval. (Id at 20:14-16.) Then, Coleman ultimately typed up the language he received from Ruffin and added it to- the collection, of Post Orders. (Id. at 20:17-21:6.) Carik, however, characterizes the Post Orders as “the security company’s -post orders,” and believes that no one at MBRE, including himself, is responsible for updating or approving changes to those orders. (Carik Dep. at 46:17-47:4, 48:8-12; see also id. at 49: 15-17. (Q: Does MBRE give any post orders to the security company? A: Not that I’m aware of.”) Rather, he testified that Tee Coleman and Securitas have “complete authority to 'update [and] change the post orders.”- (Id. at 49:8-11; see also id. at 47:5-7.)

Plaintiffs assert that the Post Orders show on their face that Securitas drafted them in conjunction with MBRE. (Pis.’ Securitas SOF ¶ 67.) The court is less certain. The introduction to the Post Orders states “[t]his security manual has been compiled for the Richard J. Daley Center,” but does not specify who actually drafted it. (Post Orders Intro, Ex. 18 to Pis.’ Appendix, [220-5], 1.) The introduction states, further, that the “security procedural manual will be updated on a quarterly basis,” again without specifying by whom,- (Id.) The introduction does identify the “Security Manager,” in this case Tee Coleman, as the individual to whom “[a]ny suggestions or improvements” should be sent. (Id.) Notably, the Post Order lists, among Coleman’s own responsibilities, “developing] and implementing] ... comprehensive security policies and post procedures” at Daley Plaza, and training the staff on those procedures. (Post Orders Ch. 6, “Code of Conduct & General Orders — Security Manager,” Ex. 33 to Pis.’ Appendix [221-11], 2-3.) Moreover, Plaintiffs .assert that Securitas’ own materials .confirm that Securitas regularly drafts the Post Orders -in collaboration with its clients.. For example, a Securitas training ■ presentation explains that the “Post Orders consist of standards and procedures created by ■ Securitas and the Client.” (Securitas Training PowerPoint “Twenty Hour Introduction,” Ex. 36 to Pis.’ Appendix [221-11], hereinafter “Training Introduction,” 46.) A typed note for the presenter of the materials, however, asks “WHO PUTS POST ORDERS TOGETHER?” (Id.) Nothing in the record explains when this presentation was developed, who originally prepared the presentation, or who typed the note.

B. “Oral Post Order”

Tee Coleman testified thát since he began working at the Daley Center in 2006, there has always been in place an “oral post order” that overrides the written directive to “remove any panhandlers.” (Coleman Dep. II at 99:5-10, 102:4-17, 111:21-112:8.) According to Coleman, MBRE typically issues oral' post orders “based on what’s happening in the building,” and are uses such orders to instruct “to do this for today and then tomorrow we go back to doing what we regularly dué [sic].” (Coleman Dep. II at 100:19-101:6.) No one keeps any record of the oral post orders, and Coleman acknowledged that the oral order about panhandling is the only oral post order that “revise[s] or ex-plaints] the instructions that are in the written post orders[.]” (Coleman Dep.- I at 102:18-21, 103:18-20.) According to Coleman, the unwritten policy establishes that only “aggressive panhandling” is prohibited, but that peaceful panhandling is allowed. (Coleman Dep. I at 28:2-23; Coleman Dep. II at 102:4-17.) He explained that in July 2013, MBRE “asked for [Securitas] to do a particular training class,” to address “the misconception [that] always had been, you know, what’s the difference between panhandling and aggressive panhandling. And in the past, that hadn’t been distinguished, so we needed to make that distinguishment [sic] for the guards so they knew ... what was the difference.” (Coleman Dep. I 68:14-24.) Though he recognized that the Post Orders still instruct the guards to “remove any panhandlers,” Coleman insists- that that instruction “should not be in there because they don’t have the' authority to remove anyone.” (Coleman Dep. II at 121:22-122:14.) He asserts that, “once we put that [July 2013 .training] into place,” the written instructions “never got changed.” (Coleman Dep. I at 69:1-5.) Coleman explains that the guards do not have authority, as the written order states, to “remove” panhandlers, but rather he instructs guards only tell the individual to cease the aggressive activities and to “suggest” that “it might be easier if you go out to the perimeter along the sidewalks.” (Coleman Dep. I at 50:3-13; see also Coleman Dep. II at 121:5-10 (guards are instructed only to ask someone to leave,.but cannot enforce that request if a person refuses).) The distinction between asking and requiring someone to leave may be immaterial: Coleman admitted that no one has ever refused to leave when asked. (Id. at 121:11-12.) Moreover, he conceded that the guards were wrong to remove Pindak in the -videotaped incidents. (Coleman Dep. II at 96:22-97:5.) Securitas acknowledges that Truman and Kelly were never disciplined for the videotaped incidents (Pis.’ Securitas SOF ¶ 135; Securitas Resp. to Pis.’ SOF ¶ 135), but contends that union rules prevent discipline because the incidents occurred before Securitas took over for SMI. (Securitas Resp. to Pis.’ SOF ¶ 135.)

Kelly also testified regarding the distinction between aggressive and peaceful panhandlers. He explained that MBRE instructed him to “keep[ ] aggressive panhandlers off the actual plaza and mov[e] them onto the ... City sidewalk.” (Kelly Dep. at 13:13-24.) “If [panhandling is] going on peacefully and no one approaches us to complain about it, we don’t touch it,” Kelly continued, but “if we get any type of complaint whatsoever on a panhandler, we ask them to move, whether they’re being peaceful or aggressive.” (Kelly Dep. at 18:20-19:5.)

Truman, on the other hand, gave conflicting testimony regarding the oral post order. He has received an oral post order regarding panhandling, from Tee Coleman, who Truman claims “gets his orders from MB[RE];” Truman did not explain how he knows that MBRE is the source of these orders. (Truman Dep. at 13:11-19.) When asked whether that oral order permitted panhandling on the Plaza, Truman explained “[w]e’ve been told not,” and continued, explaining that panhandling has been prohibited on the Plaza “[a]s long as [he] recalls],” and the policy has not changed. (Truman Dep. 12:22-23; see also id. 13:22-14:9.) Truman made no reference to any distinction between aggressive and peaceful panhandling, claiming instead that all panhandling is prohibited: When he patrols the perimeter, for instance, Truman “checks to make sure nothing unusual is going on the plaza ... Things like panhandling, soliciting, any confrontations on the plaza. You know, anything that could be considered unwanted or criminal activity.” (Truman Dep. at 11:11-12:1; see also id. at 12:22-13:6) (“Q. And when did Mr. Coleman tell you that panhandling was not permitted on the plaza? A. Well, I can’t say exactly the precise dates, but I can say it’s been several times in the past. We’ve heard it in passing.”) He also believed that his statement to Pindak in the September 24, 2010 video (“there is no soliciting on the Plaza”) was accurate because “we’re told you — you can’t be begging or trying to sell anything on the plaza without a permit. So that’s what I was trying to explain to him, that we have to take it along the corner, not on the plaza.” (Truman Dep. at 44:6-17.) Truman later testified, however, that he actually understood that he was only instructed to remove “aggressive” panhandlers. (See Truman Dep. at 41:10-42:10; 54:3-17.)

Kelly and Truman both admitted they had never received training regarding the definition of “aggressive” panhandling and that it has been left up to their discretion. (Kelly Dep. at 21:21-23:19, 49:8-24; Truman Dep. at 42:6-11.) Truman testified that the definition of aggressive was left to him and included anyone who was “bothering customers and clients, disturbing regular activity along the plaza, not cooperating if we ask them to leave the plaza.” (Truman Dep. at 41:12^42:5.) When Pindak refused to leave the Plaza in the videotaped incident, Truman characterized his behavior as “pretty much being aggressive ... he’s also refusing to leave, as we told him to leave ... [a]nd he wants to debate the issue.” (Truman Dep. at 50:5-14.) Kelly, similarly, understands aggressive panhandling to mean “someone being a public nuisance,” which might include “asking for money several times after being told no, or swearing at a person after they say no.” (Kelly Dep. at 15:2-12; Pis.’ Securitas SOF ¶ 91; Securitas Resp. to Pis.’ SOF ¶ 91.)

Securitas is obligated under its contract to provide all the relevant training for its security guards at the Daley Center. (Pis.’ Securitas SOF ¶ 100; Securitas Resp. 'to Pis.’ SOF ¶ 100.) As the Security-Manager, Coleman is responsible for coordinating that training, and according to Coleman, Securitas “do[es] a training class quarterly” for all the Daley Center guards, which lasts two to four hours. (Coleman Dep. at 17:7-10, 25:11-19.) Though the contract requires training, it does not specify the topics, and Coleman testified that he and Carik determine the topics for those trainings together. (Id. at-26:8-11.) Those topics have included proper search techniques, CPR, and “asbestos training.” (Id. at 26:16-22.) The only training that Securitas contends touches on panhandling is the “Customer Service” class offered at' these quarterly training sessions. (Pis/ Securitas SOF ¶¶ 104-06; Securitas Resp. to Pis/ SOF ¶¶ 104-06.) Coleman states that the guards are instructed in that class that “we only usually deal with what we call aggressive panhandlers,” because Daley Plaza is a public space. (Coleman Dep. I at 27:13-28:3; see also id. at 28:18-29:5.) None of the slides in that training mention panhandling, however, and the only relevant slide instructs guards to keep the Plaza “not cluttered” with people. (Customer Service Presentation, Ex. 27 to Pis.’ Appendix [221-2] at 9;. Pis.’ Securitas SOF ¶ 137, Securitas Resp. to Pis.’ SOF ¶ 137.) Defendants assert, without citation to the record, that “the class is taught in an interactive style with a live instructor who receives questions over a four-hour period of time and provides scenarios for the class to solve.” (Securitas Resp. to Pis.’ SOF ¶ 106.) Kelly’s take-away from that class was that panhandling “wasn’t allowed, pretty much.” (Kelly Dep. at 49:14-22.) In July 2013, Securitas updated its training to include a course titled “Limits of Authority.” (Pis/ Securitas SOF ¶ 107; Securitas Resp. to Pis.’ SOF ¶ 103.) In that class, the guards now review the text of the City of Chicago’s municipal panhandling ’ordinance which prohibits only aggressive panhandling and restricts panhandling only in certain locations.' (Limits of Authority Presentation, Ex. 28 to Pis.’ Appendix [221-3].) The written Post Orders, however, remain unchanged. (Pis.’ Securitas SOF ¶ 77.)

Finally, Securitas employees appear to be uncertain about whether the oral or written Post Order takes priority. Waters testified that unless there is another written document, then Chapter 16 of the Post Orders governed his conduct. (Pis.’ Securitas SOF ¶ 99.) Coleman testified, without elaboration, that it depended on the particular situation. (Coleman Dep. at 103:4.)

IV. Cook County Sheriff’s policy related to panhandling on the Plaza

■The Sheriffs Defendants maintain that the Sheriffs Department does not impose any restrictions on panhandling on Daley Plaza and that no panhandler has ever been arrested for panhandling. (Sheriffs SOF ¶¶ 13, 22; Connelly Dep. at 20:17-20; Boyd Dep., at 26:6-15, 47:9:-48:3; Jevtic Dep., 83:20-22, 98:10-12; Nance Dep. at 68:24-69:23.) . They also maintain that panhandlers are on the Plaza “virtually every day.” (Sheriffs SOF 1TÍ4; Pis.’ Resp. to Sheriffs SOF ¶ 14.) Plaintiffs admit that the Sheriffs Department has no formal policies concerning demonstrations, leafletting, or other First Amendment activities, such as panhandling, on the Plaza (Pis.’ SAF ¶¶ 47-50; Sheriffs Resp. to Pis.’ SAF ¶¶ 47-50), but assert the Department has adopted a policy of deference to Securitas, and in doing so has acquiesced in Securitas’, removal of panhandlers from the Plaza. (Pis.’ Mem. in Supp. of Mot. for Summ. J. against Sheriffs Defs. [257], hereinafter “Pis.’ Sheriff Mem.,” 1.)

Moreover, Plaintiffs contend' that the Sheriffs Department has willfully avoided training its deputies on the rights of panhandlers. While Plaintiffs cite the testimony of Kevin -Connelly, the First Assistant Chief Deputy, claiming the Sheriffs deputies assigned to the Plaza do not receive any training specifically regarding ■First Amendment activities on the Plaza (Connelly Dep. at 26:12-17; Pis.’ SAF ¶ 51; Sheriffs Resp. to SAF ¶ 51),. Plaintiffs acknowledge elsewhere that First Amendment training is in fact provided to the Sheriffs deputies, during the annual in-service training, during the Sheriffs Academy, and as part of their annual re-certification. (Sheriffs SOF ¶23; Pis.’ Resp. to Sheriffs SOF ¶ 23.) Citing the testimony of Thomas Boyd, a Sheriffs Sergeant, who worked at the Daley Center from 2003 through 2012, Plaintiffs more precisely argue that while deputies received First Amendment training concerning scenarios such as detaining protesters, that training did not touch on panhandling. (Boyd Dep. at 28:20-29:15.)

Deputy Nance, Deputy Jevtic, and Sergeant Boyd each confirmed that they received no training regarding thé legality of panhandling. (Pis.’ SAF ¶¶ 52, 70; Sheriffs Resp. to Pis.’ SAF ¶¶ 52, 70.) No one ha's ever informed Deputy Jevtic that panhandling is allowed on the Plaza, and his understanding is that, from at least 2000 until the time of his deposition in 2013, panhandling has been prohibited. (Pis.’ SAF ¶¶ 25-26; Sheriffs Resp. to SAF ¶¶ 25-26.) Deputies Nance and Jevtic have not received any training on the meaning of “aggressive panhandling.” (Pis.’ SAF ¶ 37; Sheriffs Resp. to Pis.’ SAF ¶ 37.) Jevtic has never seen the City of Chicago panhandling ordinance, and Nance has only seen it because he did his own research. (Pis.’ SAF ¶¶ 38-39; Sheriffs Resp. to Pis.’ SAF ¶¶ 38-39.) Nance testified that as of November 2013, no one had talked to him about whether panhandling was permitted on the Plaza. (Pis.’ SAF ¶ 46; Sheriffs Resp. to Pis.’ SAF. ¶46.) Finally, Deputy Jevtic was never disciplined for his May 2012 interaction with Pindak. (Pis.’ SAF ¶ 27; Sheriffs Resp. to Pis.’SAF ¶ 27.)

On September 29, 20Í0 Pindak filed his initial complaint, pursuant to 42 U.S.C. § 1983, naming Sheriff Dart as a defendant. (Compl.[l].) Pindak filed his First Amended Complaint on February 15, 2012, adding Securitas and its guards as defendants. (First Am. Compl. [37].) Talley and Phillips joined as Plaintiffs on June 6, 2013. (Sixth Am. Compl. [113].)

DISCUSSION

Four motions for summary judgment are pending, one filed by Securitas Defendants, one by Sheriffs Defendants, and two by Plaintiffs. To establish § 1983 liability against an individual, a plaintiff must show that the defendant (1) acted under color of state law, and (2) violated the plaintiffs rights under the Constitution or laws of the United States. Armato v. Grounds, 766 F.3d 713, 719-20 (7th Cir.2014). In addition to those two elements, in order for a plaintiff to establish liability of an entity — whether municipal or private — the plaintiff must show that the injury resulted from a policy, custom, or widespread practice of that entity. See Shields v. Ill. Dept. of Corr., 746 F.3d 782, 796 (7th Cir.2014).

Securitas Defendants assert that they are not liable under § 1983 because they were not acting “under color of state law.” Even if they could be held liable under § 1983, they contend, Plaintiffs have identified no evidence showing that (1) Kelly or Truman actually prevented Plaintiffs from panhandling on the Plaza, or (2) Seeuritas had a policy or widespread practice, in place. Finally, Securitas urges that even if Kelly and Truman violated Plaintiffs’ rights, Securitas may not be held vicariously liable for the actions of its employees.

Sheriffs Defendants do not contest that they acted under color of state law, but urge that Plaintiffs cannot establish (1) that Deputies Nance and Jevtic interfered with Plaintiffs panhandling or (2) that the Sheriff’s lack of policies and training was so deficient that it constitutes a policy for Monell purposes. Sheriffs Defendants also contend that, even if Plaintiff could make such a showing, the individual defendants are entitled to qualified immunity.

Plaintiffs respond that Securitas and its guards were acting under color of state law because they (1) were engaging in a government function by regulating speech in a public forum, and (2) appeared like police officers in uniforms, thus cloaking themselves with government authority. The video and audio evidence of Truman, Kelly, and Jevtic removing Pindak from the Plaza, Plaintiffs continue, conclusively establishes that each of those Defendants directly interfered with Pindak’s First Amendment right. Securitas Defendants have also failed to present any competing evidence to dispute Phillips and Talley’s testimony, Plaintiffs maintain, and there is overwhelming evidence that Securitas had a policy and widespread practice of removing panhandlers from the Plaza. Finally, they urge that .the evidence conclusively establishes that the Sheriffs Department tacitly endorsed Securitas’ policy by failing to adopt its own policies or train its deputies on the legality of panhandling. This evidence precludes summary judgment for Defendants and, Plaintiffs urge, entitles them to summary judgment.

The court addresses the arguments pertaining to individual liability first and then turns to consider entity liability for Securitas and Sheriff Dart.

I. Summary judgment standard

The court will grant a motion for summary judgment only when “there is no genuine dispute as to any material fact” such that “the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The court “constru[es] all facts, and draw[s] all reasonable inferences from those facts, in favor of the nonmoving party.” Garofalo v. Vill. of Hazel Crest, 754 F.3d 428, 430 (7th Cir.2014) (quoting Laskin v. Siegel, 728 F.3d 731, 734 (