The saga of the E2 nightclub continued Wednesday as an Illinois appellate court threw out criminal convictions for two of the former Motor Row nightclub’s owners.

Calvin Hollins Jr. and Dwain J. Kyles were convicted of criminal contempt of court for the 2003 stampede that killed 21 people at their 2347 S. Michigan Ave. club.

The city’s law department accused Hollins and Kyles of ignoring a court order issued before the collapse that told them not to use the building’s second floor because it was structurally unstable.

A Cook County circuit court jury found them both guilty in 2009 of ignoring that court order — which was unrelated to the actual stampede, but would have effectively kept the nightclub closed — and sentenced them both to two years in prison.

But a three-judge appellate court panel threw out the verdict Wednesday, saying that the original court order was unclear, and as a result the club’s owners couldn’t be reprimanded for ignoring it. On top of that, it didn’t have anything to do with the accident itself.

“We understand the horrible tragedy involving the E2 nightclub and do not wish to diminish the seriousness of that incident,” the appellate court wrote in its decision, which was posted on the Chicago Tribune’s website. “We also completely understand the absolute need for orders of the court to be respected and obeyed. However, we agree with the Hollins [original] court’s finding that the violation of the building court owner had nothing to do with the tragedy.”

Roderick Drew, spokesman for the city’s law department, said the city is looking over the ruling and determining if it should appeal the case further.

“We are disappointed with the court’s decision,” Drew wrote in an emailed statement. “In our view, respondents violated a clear and mandatory court order, and but for that violation no one would have died or been injured at their club that night.”

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By Tom.D from West Town
Posted: 11/21/2011 2:03 PM

It sounds like the original prosecution case turned on their lack of compliance with the court order. It should have been based on basic building code and standards, but I guess that would have been a harder case to argue. My understanding is that required egress (exit) doors were chained shut - that by itself should have been key to the case - admitting more people to your building than can exit safely is reckless. What a tragic mess.

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By Sam from Near West Side
Posted: 11/21/2011 10:25 AM

1. If these men sue the city, the city should countersue. I am not saying that the city is not at fault, but the city didn't own the club. These men did. 2. Once this is over with, these men need to move out of this state. They should not be allow to run any business, period. 3. What is the connection with these men with Jesse Jackson family?

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By Sam from Near West Side
Posted: 11/21/2011 10:20 AM

1. If these two men sue the city, the city need to countersue. I am not saying that the city is not at fault, but the city didn't own the club. They did. 2. These men should move not only out of the city, but out the state as well. 3. What are the connection that the Jesse Jackson family with these men?

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By Chicago from South Loop
Posted: 11/19/2011 11:43 PM

I don't think murder is even illegal anymore with this government

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By Brianbobcat
Posted: 11/19/2011 0:16 AM

When 21 people die there can never be a bright side, but IF there was one tiny ray of light, it would be that that ugly facade to the building was stripped and the beautiful terra cotta underneath was revealed. It's a shame that the type of entertainment business that Fioretti wants there now had been there but was shuttered because of the stupidity of some inside the club that terrible night.