His lawyers argue that would be the proper venue since the actor is a California resident.
Chicago police said that Smollett staged an attack on himself last January in Chicago's Streeterville neighborhood. The city is suing to recover the cost of the investigation.
Jussie Smollett case: Timeline of key moments in alleged attack on 'Empire' actor
Jussie Smollett case: Timeline of key moments in alleged attack on 'Empire' actor
Police and prosecutors said Smollett orchestrated the attack with the help of two brothers. One brother was an extra on "Empire" and the other was Smollett's personal trainer.
All charges against Smollett were dropped in late February in exchange for community service and forfeiture of his $10,000 bond payment.
A Cook County judge ruled last month to appoint a special prosecutor in the case. The judge questioned Cook County State's Attorney Kim Foxx's decision to appoint a deputy to oversee the Smollett case, with the judge saying she did not have the authority to do so.
Also last month, Chicago police released nearly 70 hours of video connected to the Smollett case.
Video of Jussie Smollett with rope around neck released by Chicago police
Previous coverage:
Chicago police release investigative files, video of alleged staged attack on 'Empire' actor
Judge orders special prosecutor to review case; 'Empire' actor could be re-charged
RELATED: 911 calls released of Jussie Smollett reporting alleged attack
RELATED: Lee Daniels says Jussie Smollett not returning for final season of 'Empire'
RELATED: Cook Co. State's Attorney's Office releases documents in Jussie Smollett case
RELATED: Chicago police release 400 pages of Jussie Smollett case files
RELATED: Judge rules to unseal records in Jussie Smollett case
RELATED: 'Empire' will go 1 more season, Smollett's future is unclear
RELATED: Judge asked to recuse himself from petition to appoint special prosecutor in Jussie Smollett case
RELATED: Jussie Smollett's contract extended, no plans for character to return to 'Empire'
RELATED: Osundairo brothers file defamation lawsuit against Jussie Smollett's attorneys
RELATED: Kim Foxx receives death threats after Jussie Smollett charges dropped
RELATED: Kim Foxx's chief spokesperson resigns from State's Attorney's Office
RELATED: 2 top staffers leaving Kim Foxx's State's Attorney's Office
RELATED: Jussie Smollett update: Kim Foxx's texts and emails raise more questions about recusal
Kim Foxx texts show she thought number of Jussie Smollett charges 'excessive'
Cook County State's Attorney Kim Foxx asks for review of how Jussie Smollett case was handled
RELATED: Cook County State's Attorney Kim Foxx asks for review of how Jussie Smollett case was handled
RELATED: City sues Jussie Smollett for cost of investigating alleged staged attack
RELATED: Cook County State's Attorney Kim Foxx lets Derrion Albert killer off the hook
RELATED: Kim Foxx says 'this is personal' about calls for her to resign
RELATED: Jussie Smollett attorney responds to Chicago's civil suit threat
RELATED: Taraji P. Henson weighs in on 'Empire' co-star Jussie Smollett's case
RELATED: Chicago to file civil suit against 'Empire' actor for not paying $130K cost of police investigation
RELATED: In wake of Jussie Smollett, suburban police chiefs take no confidence stance against State's Attorney Kim Foxx
RELATED: Jussie Smollett case leads to protests for, against Cook County State's Attorney Kim Foxx
RELATED: Chris Rock rips an absent Jussie Smollett at the NAACP Image Awards
RELATED: Thousands referred for alternative prosecution by Cook County prosecutors haven't completed process
RELATED: Jussie Smollett's surprise deal raises new questions
RELATED: City of Chicago asks Jussie Smollett to pay for $130,000 cost of investigation
RELATED: FBI reviewing circumstances of Jussie Smollett's charges being dropped, sources confirm
RELATED: What's inside the CPD Jussie Smollett investigative file?
RELATED: Mayor Emanuel calls decision to drop charges against Smollett 'whitewash of justice'
RELATED: Charges dropped against 'Empire' actor Jussie Smollett
RELATED: Osundairo brother at center of Jussie Smollett case compete in Chicago boxing match
RELATED: Jussie Smollett update: 'Pain and anger' around 'Empire' in recent weeks, Lee Daniels says
RELATED: FOP accuses Cook County State's Attorney Kim Foxx of interfering in Jussie Smollett investigation
RELATED: Jussie Smollett pleads not guilty to disorderly conduct charges
RELATED: Jussie Smollett update: Texts shed light on why State's Attorney Kim Foxx recused herself
RELATED: Jussie Smollett appears in court for hearing; Cameras allowed for Thursday hearing
RELATED: Jussie Smollett update: Brothers 'taken advantage of' by Smollett, attorney says
RELATED: Jussie Smollett indicted on 16 felony counts by grand jury
RELATED: Brothers reportedly involved in Jussie Smollett alleged hoax release statement expressing 'regret'
RELATED: Jussie Smollett's check to brothers obtained by ABC News
RELATED: Jussie Smollett's character to be removed from 'Empire', producers say
RELATED: What's next for Jussie Smollett? Possible big police bill
RELATED: Jussie Smollett alleged hoax may cast doubt on real hate crimes, advocates fear
RELATED: Jussie Smollett out on bond after being accused of staging attack
RELATED: Jussie Smollett charged with disorderly conduct for filing false police report, prosecutors say
RELATED: Cook Co. State's Attorney Kim Foxx recuses herself from Jussie Smollett investigation
RELATED: Brothers told police Smollett was upset threatening letter didn't get enough attention, staged attack
RELATED: Activist calls for Smollett's arrest, believes actor lied about attack
RELATED: Brothers tell police that Jussie Smollett paid them to stage attack, official says
RELATED: Sources: Police investigating whether Smollett staged attack with help of others
RELATED: Timeline of key moments in alleged attack on Jussie Smollett
RELATED: Jussie Smollett breaks silence on Chicago attack
RELATED: 'Empire' actor's family releases statement on attack, pictures of possible persons of interest released
RELATED: Photos show potential persons of interest in 'Empire' actor attack, police say
RELATED: 'Empire' actor Jussie Smollett attacked in Chicago in possible hate crime, police say