So holds a 2-to-1 panel decision of the U.S. Court of Appeals for the 7th Circuit (Tagami v. City of Chicago), decided Wednesday; the majority opinion is by Judge Sykes, joined by Judge Easterbrook, and the dissent is by Judge Rovner. I’m slammed right now (hence the limited blogging in recent days) and don’t have time to elaborate further, but check out the opinions, which are pretty clear and readable.

Thanks to Howard Bashman (How Appealing) for the pointer.