State files complaint against Joliet’s Rialto Theatre over asbestos violation

At least one show won’t go on as scheduled as the Rialto Square Theatre remains closed with no prospective date for reopening after being cited in July for a violation related to an asbestos removal project.

Management announced Thursday that “Marlon Wayans: Wild Child Tour” scheduled for Sept. 22 has been pushed back to January.

It was the first show at the theater in downtown Joliet officially stopped by the ongoing asbestos cleanup problem, although another show scheduled for next week also was pushed back because of an issue related to the performer.

The Keb’ Mo & Shawn Colvin show originally scheduled for Wednesday was pushed back after Keb’ Mo announced he was canceling all 2024 shows because of a health concern. The show would have had to be rescheduled anyway with the Rialto remaining closed at least through September.

The Rialto is still awaiting approval from state regulators for a cleanup project expected to last three weeks.

Meanwhile, Rialto’s troubles were roiled this week when the Illinois Attorney General’s Office filed a complaint against the theater in Will County Circuit Court. The legal action was expected since the Illinois Environmental Protection Agency requested it after citing the Rialto in July. But it adds one more complication to the theater’s efforts to recover from the July 24 asbestos incident.

“The cleanup has not begun because we are awaiting approval from the Illinois Environmental Protection Agency,” Rialto attorney James Murphy said Thursday.

Illinois Attorney General Kwame Raoul issued a statement Thursday saying the Rialto conducted “unsafe renovations at the historic theatre, failing to properly handle and store asbestos-containing materials. There is no known safe level of exposure to asbestos.”

In his statement, Raoul said he “seeks remediation of all asbestos contamination in accordance with state and federal laws and regulations before the theatre is reopened.”

Murphy said the IEPA has rejected three cleanup plans submitted by the Rialto. The latest submission awaiting approval is a revision of the third plan.

“The issue is how far asbestos can go from the basement to other areas,” Murphy said. “It’s a safety concern. We understand that.”

Rialto management had closed the theater in July and August for a scheduled shutdown during asbestos removal in the basement for an HVAC replacement project.

IEPA inspectors on July 24 responding to a complaint found three bags with materials containing asbestos unsealed in the basement of the Rialto. That sparked a regulatory enforcement action that not only stopped the asbestos removal project but widened the Rialto closure to auxiliary offices that previously had been considered unaffected.

University of St. Francis art classrooms, a Midland State Bank branch and the Rialto administrative offices have since been closed due to IEPA concerns that asbestos fibers could have moved from the basement and through doorways to the adjacent offices in the building that extends beyond the theater.

The Rialto issued a statement Wednesday after the attorney general’s complaint was filed.

“The Rialto is committed to quickly resolving this matter and returning to full operations, confident that our efforts to ensure compliance will further solidify the Rialto Square Theatre as a safe and welcoming space for all,” theater management said.

No timetable for reopening was mentioned in the release, and Murphy said it was hard to say when the theater could reopen until the Rialto received approval for a cleanup plan.