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Madigan’s lawyers say it doesn’t legally matter if alleged sham candidates were sham candidates

Thursday, Jul 11, 2019 - Posted by Rich Miller

* Cook County Record

Illinois House Speaker Michael Madigan and some of his allies are arguing they were exercising free speech when they allegedly ran two Hispanic “sham candidates” to lure votes from a Hispanic primary challenger to Madigan, who is now suing Madigan and others on grounds such alleged tactics were unlawful.

Jason Gonzales filed suit in August 2016 in Chicago federal court alleging Madigan and some of his supporters engaged in underhanded methods to ensure a lopsided win for the Speaker in the 2016 Democratic Primary. The alleged unethical acts included slating two Hispanic candidates for no reason other than to split the Hispanic vote Gonzales has argued he could have received. The candidates were Joe Barbosa and Grasiela Rodriguez, who are also being sued by Gonzales. […]

Gonzales is arguing defendants should not be permitted to use the First Amendment as a defense. Defendants countered by filing arguments on why they should be allowed.

* From the Madigan filing

(C)omplaints about campaign strategies, even “dirty tricks” that successfully undermine candidacies, are not actionable in federal court. See, e.g., Jones, 892 F.3d at 939 (referendum pushed by candidate’s opponents to disqualify him from running for mayor was “a political dirty trick,” but the “right response” would have been a “political,” “campaign[] against the … referendum” and prevail “at the ballot box rather than the courthouse”). As the Jones court stated, “[a]ny effort by the judiciary to stop one politician from proposing and advocating steps that injure another politician would do more to violate the First Amendment … than to vindicate the Equal Protection Clause.” […]

(T)here is no intent requirement to run for office under Illinois law. […]

In fact, the state could not impose an intent requirement on any candidate for their purpose in running for office. For example, states cannot force candidates to swear loyalty oaths disclaiming certain beliefs to access the ballot. See, e.g., Communist Party of Ind. v. Whitcomb, 414 U.S. 441, 442‐43, 449‐50 (1974) (striking down requirement that political candidates swear that they do not advocate for the overthrow of government by force or violence); Socialist Workers Party v. Hill, 483 F.2d 554, 556‐57 (5th Cir. 1973) (candidates could not be forced to swear “obeisance and homage” to current form of government to access ballot). If the state cannot require Barbosa and Rodriguez to swear loyalty to the United States to run for office, the state certainly cannot require Barbosa and Rodriguez to swear they are not running to make it harder for Plaintiff to win a primary.

And if the First Amendment protects candidates who run with the intent of altering our form of government, then certainly it protects Barbosa and Rodriguez for running with whatever intent they had, including the alleged intent to take votes away from Plaintiff.

  45 Comments      


It sounds like a good idea until you apply some logic

Thursday, Jul 11, 2019 - Posted by Rich Miller

* GateHouse Media

Illinois legislators in June voted to double a state tax on gasoline to 38 cents from 19 cents per gallon. The increase took effect July 1, and gas station owner Pravin Patel immediately noticed a dip in sales.

Patel operates a Mobil gas station in South Beloit, located about the length of football field away from the Illinois-Wisconsin border. He said he’s making about $2,000 less per day on gas sales than in previous months, based on credit card transactions alone. He’s heard similar stories from other gas station owners near the border, he added.

“I’ve lost a lot of business and I’ve lost two employees because I can’t afford them anymore” Patel said. “Because the tax went up, business went down.”

Patel suggested that legislators should consider a buffer zone of sorts to protect gas station owners on the border. If the additional tax was waived within a mile or two of the border, customers might return to Illinois, he said.

A buffer zone sounds interesting, but what do you do about the gas stations just outside the buffer zone? Create another buffer zone? And then what do you do about those gas stations outside the second buffer zone?

* Look, there will be some pain with this gas tax increase. No doubt. But we can’t create a time machine to go back and fix this state’s infrastructure problems. The fixes can only be done in the here and now and in the future. And the problems were ignored and/or neglected for so long that a bigtime solution was necessary.

The problems some gas stations, corporate or otherwise, are having shouldn’t take precedence over fixing what we’ve collectively broken. The best thing to do is to try not to get so far behind ever again.

…Adding… From comments

The location of a business is a well known valuation factor. The potential for tax hikes or tax cuts impacting a business will be taken into account for evaluating the value of an “on the border” business and, in theory, also for the business’ property tax assessments. Unfortunately, “risk” is also a well known business factor.

  50 Comments      


Question of the day

Thursday, Jul 11, 2019 - Posted by Rich Miller

* The Tribune has a story today about municipalities hiring collection agencies to track down people with unpaid tickets and fines. It’s a cash cow for the locals, which don’t have to spend a dime to collect the fines. It makes money for the collection agencies, which keep a large chunk of what they collect. But some of these fines are ancient. For instance

Seth Jumps, who lives in Jackson County, near Carbondale, got a call about six months ago from the same number over and over for several weeks. He finally decided to answer. The caller was a collection agent working for Jackson County.

The agency told Jumps he had two unpaid tickets: a $150 ticket from 2012 for fishing without a license, and a $125 ticket from 2002 for screeching tires. He said the agency didn’t provide him with copies of the tickets, or any other paperwork.

Jumps said he was certain he paid those tickets. He renews his fishing license each year and believes he wouldn’t be able to if he had an unpaid violation. And this was the first time in 16 years that he heard from the county about possible outstanding tickets, he said.

“It was 16 years ago. I have no track record or anything,” Jumps said. “Who’s going to keep a receipt?”

Goodman, from NIU, said someone may be tempted to pay a ticket, rather than fight it, if they don’t have records. He raised concerns about collection agencies choosing whom to pursue.

* The Question: Should the state place some sort of time limit on these private debt collections? Take the poll and then explain your answer in comments, please…


picture polls

…Adding… Text from Rep. Stephanie Kifowit…

Hi Rich, I tried to address this issue last session but couldn’t get the bill called on the floor. It’s an issue because banks only keep records for 7 years so it’s impossible for a person to contest a violation from that long ago.

Her bill is here.

If you check the witness slips, the Illinois Municipal League, the City of Chicago and Cook County were opposed, which explains the brick.

  32 Comments      


Let’s get a move-on, people

Thursday, Jul 11, 2019 - Posted by Rich Miller

* From the state’s new gaming law

In addition, within 10 days after the effective date of this amendatory Act of the 101st General Assembly, the [Illinois Gaming Board], with consent and at the expense of the City of Chicago, shall select and retain the services of a nationally recognized casino gaming feasibility consultant. Within 45 days after the effective date of this amendatory Act of the 101st General Assembly, the consultant shall prepare and deliver to the Board a study concerning the feasibility of, and the ability to finance, a casino in the City of Chicago. The feasibility study shall be delivered to the Mayor of the City of Chicago, the Governor, the President of the Senate, and the Speaker of the House of Representatives. Ninety days after receipt of the feasibility study, the Board shall make a determination, based on the results of the feasibility study, whether to recommend to the General Assembly that the terms of the license under paragraph (1) of this subsection (e-5) should be modified. The Board may begin accepting applications for the owners license under paragraph (1) of this subsection (e-5) upon the determination to issue such an owners license.

The law’s effective date is July 1, so the first deadline was yesterday. The deadline wasn’t met.

* Center Square

Illinois’ new gambling expansion is barely two weeks old, but the state is already behind schedule. […]

The state should have named a firm to study a Chicago casino this week. That hasn’t happened. Gov. J.B. Pritzker said it will, eventually.

“Nothing is going to happen until licenses are issued. And that is going to happen in due course,” Pritzker told reporters in Chicago on Wednesday. “We obviously need to start with the Gaming Board, we need to make sure that the study is underway for the city of Chicago. But remember, that’s just one component of the gaming bill.”

The study requires a firm to figure out the best way to move forward with a Chicago casino and to suggest where the casino will be built.

“There are CMS requirements for the state. You have to go out and bid it out and so. And that’s all happening right now,” Pritzker said.

The governor also has not named new Gaming Board members. He said that will happen soon.

“We’ll be making announcements about the members and the chair of the Gaming Board as soon as we can,” Pritzker said.

…Adding… Amanda Vinicky

“The IGB (Illinois Gaming Board) is bound by the procurement code and the law. We are working through the process to fulfill this mandate,” a gaming board spokesman said.

The Illinois Gaming Board put out a bid. It’s unclear at this point how many – if any – firms responded. The bid requires potential vendors to provide proof of having completed reports for feasibility studies in other metropolitan areas, to disclose any relationships with entities licensed by the state gaming board, and to disclose “all communications of any kind with agents, representatives, consultants, employees or officials of the City of Chicago, the Illinois Gaming Board, the State of Illinois” having anything to do with a Chicago casino. […]

The delay could hamstring whichever vendor may win the contract.

The bid requires the study to be completed in just about a month – by Aug. 12.

  3 Comments      


Caption contest!

Thursday, Jul 11, 2019 - Posted by Rich Miller

* This meme is going around…

* Related…

* Illinois will soon tax trade-in car value, even for out-of-state purchases: Beginning in 2020, a new law signed by Gov. J.B. Pritzker will apply Illinois’ sales tax to any traded-in vehicle’s worth over $10,000. That means trading in a $30,000 car for one worth $60,000 will cost the customer an extra $1,200 in additional sales taxes.

  43 Comments      


Confederate opinions

Thursday, Jul 11, 2019 - Posted by Rich Miller

* The Sun-Times editorial board says the Confederate flag is “about the South’s historic defense of slavery, Jim Crow segregation, white citizens’ councils, the Ku Klux Klan, American fascism, white supremacy, white nationalism and everyday off-the-rack bigotry.” But

The Illinois Department of Agriculture, working with its new local fair manager, Josh Gross, announced the entire lineup for the Du Quoin State Fair weeks ago — on June 17. It scheduled Confederate Railroad to play on a Tuesday, Aug. 27.

The time to take a pass on a band like Confederate Railroad was back then. It would have been entirely reasonable for state officials to decline to book the band just because of the art on the band’s album cover, which includes a small Confederate flag.

We wish they had.

But for Pritzker to reach down from his heights now, after all the contracts have been signed, and cancel the booking for this one band strikes us as excessive government involvement in matters of free expression.

The way these things usually work is the artist signs the final contract on the day of the show after negotiating terms with the fair and coming to an arrangement. So, technically, not all contracts had been signed.

But the governor’s people are pointing out that if the governor believes a lower-level person in his/her administration has made a big mistake, then shouldn’t the governor step in and change it? Regardless of what you may think of the decision, it’s Pritzker’s administration. So, if someone in his administration really messes up, he’s held responsible. Governors own.

* Daily Herald editorial

Support for the band has swelled amid appearances of an elitist double standard, while the serious issues underlying the debate go unacknowledged.

Thus has a legitimate swipe at racism been transformed into a false narrative of “fascism” — all flowing from matters ostensibly defined as simple entertainment. If nothing else, we hope that’s a lesson schedulers keep in mind for future events that will bear the imprint of the state of Illinois.

* The Du Quoin Call’s editor

Needless to say, social media was flooded this past weekend with statements from Southern Illinoisans berating the state’s decision. Some have even threatened to boycott this year’s Du Quoin State Fair. Such talk is a big-time overreaction.

What exactly would that accomplish?

A boycott might give some a personal sense of satisfaction, but what it would really accomplish is that it would hurt the vendors and all those hardworking lower-income employees who help make the fair a success each and every year. It would hurt the Southern Illinois economy plain and simple.

…Adding… Bernie

[Rep. Tim Butler, R-Springfield] described Monday’s meeting as “a good discussion” and said the administration’s reason for canceling the Du Quoin event was “they have a policy that they don’t allow anything with the Confederate flag or Nazi swastikas to be displayed.” He says he agrees with the concept, but he wondered if there is actually a written policy. He also wondered how far that policy goes when it comes to vendors at fairs — or even items sold in the gift shop at the Abraham Lincoln Presidential Museum in Springfield.

In a visit to that gift shop Tuesday, Butler said, there were items — including card games on the themes of Civil War generals and armaments — with pictures of American and Confederate flags on the packaging.

CHRIS WILLS, spokesman for the museum, said the shop doesn’t sell items that would prominently feature the flag, like hats or T-shirts.

That has to be the weakest argument on this topic I’ve yet seen. C’mon, Tim.

  57 Comments      


Today’s quotable

Thursday, Jul 11, 2019 - Posted by Rich Miller

* Newsweek

Marijuana policy experts predicted that this year would be a “real game-changer” in terms of cannabis reform at both the state and federal level. But halfway through 2019, the movement has had less progress than hoped.

“The reality is that public policy change rarely works that way. Slow and steady tends to be how change like this happens,” John Hudak, deputy director at the Brookings Center for Effective Public Management, told Newsweek.

“There are of course watershed moments, but those are rare. 2019 has not been a watershed moment,” Hudak added. […]

Other states where marijuana policy reform was expected to pass easily this year, like New York and New Jersey, were not successful despite being backed by a majority of state leaders. Hudak said these failures show “that simply wanting a law to pass and simply having public support for that law is no guarantee that a legislature will move.” [Emphasis added.]

  15 Comments      


*** UPDATED x3 *** Pritzker abruptly withdraws appointments of two WIU trustees

Thursday, Jul 11, 2019 - Posted by Rich Miller

* On the same morning as Western Illinois University’s scheduled board of trustees’ meeting today, Gov. Pritzker withdrew two of his recent appointments.

Nick Padgett, the managing director of Chicago’s Frontaura Capital, was seen as a potentially lucrative contact with high-dollar donors was appointed to WIU’s board in late March. So was Jackie Thompson, who started at Western working a clerical job and worked her way up to Vice President for Administrative Service before she retired in 2011. Neither had yet been confirmed by the Senate.

I’ve asked the governor’s office for an explanation, but haven’t yet heard back.

* It’s likely the withdrawals had something to do with this story from late May

Former Western Illinois University Trustee Lyneir Cole is accusing several of the newly-appointed board members of a “plot to fire” WIU President Jack Thomas.

Cole’s accusation is based on a series of email exchanges among trustees, retired faculty and others sent between April 25 and May 10, 2019.

The main series of emails took place primarily between Larry Balsamo and Jackie Thompson. Balsamo is a retired history professor and former department chair who is also listed as a member of the WIU Foundation Board on the WIU website, although his current status was not confirmed as of this writing. Thompson is one of the newly-appointed trustees and the former president of the WIU Foundation Board. She resigned from the foundation board when she became a trustee.

The content of the emails between Balsamo and Thompson revolves around discussions with other trustees and unnamed parties.

“Jackie, it was good to meet with you again, seemed like old times,” Balsamo wrote in an April 27 email. “I know that you are facing some really demanding challenges in your new position, but if things are going to get better here that will likely have to be instigated by you and your board colleagues. Two things, I will write to Eric this weekend to open a dialogue, and Jack just has to go.“

While not explicitly stated, “Eric” may refer to Erik Dolieslager, a trustee who was appointed to the WIU board in March this year. A later email by Balsamo to Thompson refers to a phone conversation Balsamo had with Trustee Nick Padgett in which Padgett told Balsamo that “Jack was really (dug) in as president…and some board members wanted to move on Jack, some did not really have a position and were on the fence, and some we need some work. He liked the idea of us approaching Aguilar.“

Also in the email between Balsamo and Thompson are comments referencing concerns about perceived racism. Balsamo wrote on May 7, “I am picking up some disturbing () about the Jack situation and so is at least one other member of the group. My fear is that the Jack predicament cannot easily be separated from race. (My) guess is that right three members of the board, the two African Americans and Aguilar will be at least skeptical about any immediate move on Jack and they may be supported by some in the governor’s office and certainly some in the legislature…. I know certainly that some of the opposition to Jack is racist, but even if he were purple he has been a near total failure here.“

He later wrote on May 9, “Race hangs over this whole situation, but I have the feeling that if Jack were white or even Asian he would have been gone some time ago.“

Cole made the accusation in a May 23, 2019 email which he sent to members of the current board of trustees and Thomas with the subject heading, “The plot of WIU board members.” Attached was a document with images of the emailed conversations and commentary by Cole. He forwarded the email later that day to Jesse Ruiz, Deputy Governor, and then again to media outlets shortly before 1 p.m. on May 26.

This administration micro-manages its appointees more than any I’ve ever seen.

*** UPDATE 1 *** Jordan Abudayyeh…

The administration determined it was in the best interest of the WIU community to go a different direction, and we wish both of them well. We expect to name additional appointees shortly.

*** UPDATE 2 *** I’m told by the governor’s office that both trustee appointees were likely not going to be confirmed by the Senate. They apparently didn’t handle the process well.

*** UPDATE 3 *** The board meeting was canceled

The turmoil at Western Illinois University continues.

On Wednesday night, two members of the university’s eight-person Board of Trustees were quietly removed.

Then, on Thursday morning, the board canceled two days of regularly scheduled meetings in Moline.

The reason was low attendance: only three members showed up, preventing a quorum from being met. The quorum for a board meeting is five. […]

Several Macomb faculty and residents had driven roughly 80 miles to attend the scheduled meeting, at the WIU-Quad Cities campus, only to learn of its cancellation. One WIU-Macomb staff member had heard that one trustee was said to be sick and another had a family emergency.

* Related…

* House Republicans troubled by Pritzker’s revocation of his own board appointments

  82 Comments      


An attempt to save a dying industry

Thursday, Jul 11, 2019 - Posted by Rich Miller

* Bruce Rushton

Locally, the amount bet [on horse racing] last year at Capitol Teletrack in Springfield, one of two dozen off-track betting sites in Illinois, was less than half what was wagered at a Lucy’s Place gambling parlor with five video machines a few blocks away on Wabash Avenue. Racing at the state fair also has declined. In 2018, a quarter-million dollars was wagered during four days of harness racing at the fair. In 1995, $1.3 million was bet on 82 races run over six days.

Downward trends are statewide and national. Since 1990, when more than $1.25 billion was wagered on horses in Illinois, the amount bet on horses, or handle in racing’s parlance, has fallen to $573.5 million, including bets placed outside the state by gamblers who can watch races across the land via simulcast broadcasts. In 2018, just 11 percent of money wagered in Illinois on horses ran their races in the Land of Lincoln. The state is down to three tracks, two fewer than in 2015, when a pair of Chicago-area harness tracks shut down. That same year, an East Moline track that last held a live race in 1993 gave up after years of simulcasts, ending resurrection hopes.

“The horse racing industry in this state is about to fall and crumble and deteriorate and go away – that’s just how drastic it is,” state Department of Agriculture Director John Sullivan told state senators during a budget hearing last spring.

It’s an industry worth saving, Sullivan argued. Since 2000, the number of state-issued licenses for occupations ranging from grooms to owners has shrunk from 11,000 to 4,000, but still, Sullivan testified, horse racing generates $1 billion a year in economic activity, considering grooms, blacksmiths, feed stores, veterinarians and scores of other jobs.

“The jobs generated by this industry, they’re very real,” Sullivan told legislators. “Anything you can do to help them would be appreciated.”

Legislators and Gov. J.B. Pritzker delivered with an expansion of gambling that includes sports betting at tracks and the potential for racecourses to become full-fledged casinos. There’s a provision for a new standardbred track, despite closures in recent years. Fairmount Park in Collinsville could have as many as 900 video gambling machines and seats at blackjack tables and other table games. Arlington and Hawthorne Racecourse, both in the Chicago area, could each have as many as 1,200 spots for gamblers to make bets on machines, cards or other table games. By comparison, no existing casino has 1,100 video gambling terminals, according to the most recent report from the Illinois Gaming Board, and 317 table games operate in the state’s 10 casinos, most of which are operating fewer gambling machines than authorized. Video gambling has not previously been allowed at tracks, where millions of dollars in wagers are accepted on nothing but horse races.

  27 Comments      


Wordslinger’s daughter says thanks

Thursday, Jul 11, 2019 - Posted by Rich Miller

* From Emma Oxnevad’s GoFundMe page

I want to an extend a huge, huge, huge thank you to everyone who so graciously donated to this campaign. When I first set this up, I felt a little silly setting my goal at $10k; I figured that people would be generous, but I never could have imagined something of this magnitude. Thank you all from the bottom of my heart for your kindness and generosity during this time of hardship for myself and my family. It would have absolutely warmed my dad’s heart to see how you all came through for me, and I am forever in your debt.

Y’all did a good thing.

  15 Comments      


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Thursday, Jul 11, 2019 - Posted by Rich Miller

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*** LIVE COVERAGE ***

Thursday, Jul 11, 2019 - Posted by Rich Miller

* Follow along with ScribbleLive


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Wednesday, Jul 10, 2019 - Posted by Rich Miller

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It’s just a bill

Wednesday, Jul 10, 2019 - Posted by Rich Miller

* WAND TV

Legislators are calling for a repeal of the recently approved Reproductive Health Act and for new definitions of the viability of unborn children.

State Representatives Allen Skillicorn (R-Crystal Lake), Bard Halbrook (R-Shelbyville), Amy Grant (R-Wheaton), and Chris Miller (R-Oakland) are calling for the repeal.

House Bill 3850 was filed. It would create the Illinois Abortion Law of 2019 containing provisions of the Illinois Abortion Law of 1975.

The bill includes provisions defining, “viability to include when in the medical judgement of the attending physician based on the particular facts of the case before the attending physician, the unborn child has a fetal heartbeat, and defining fetal heartbeat as the cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.”

* The bill is going absolutely nowhere, but Personal PAC is already fundraising off of it…

For the last 46 years, the anti-choice movement has been working tirelessly to overturn Roe one step at a time. Today, a group of State Representatives took the first step toward repealing the RHA and dismantling access to safe and legal abortion in Illinois.

The right-wingers will never give up their crusade to make birth control and abortion illegal. The only way to defend against their relentless attacks in Illinois is by electing pro-choice officials to state and local office. Help us make sure we are prepared to fight back by joining our 2019 Annual Awards Luncheon’s Benefit Committee today. The fate of the RHA rests with us in 2019!

Always in choice (no exceptions, ever!)

Terry Cosgrove
President & CEO

  41 Comments      


State’s unemployment system felled by computer problem

Wednesday, Jul 10, 2019 - Posted by Rich Miller

* IDES website

Temporary System Problems

​7/9/19 - The agency is temporarily experiencing system problems. Our system is currently unable to process claims, certifications or access claim information. We are working diligently to resolve the issue. You may contact our call center at 800-244-5631 or visit an office near you for general information.

* Sun-Times

Illinois is temporarily unable to pay unemployment benefits and accept any new unemployment claims or mandatory certifications through its website or mobile site.

“The department expects that the issue will be resolved by the end of the week and that most recipients of unemployment benefits will receive their payments by Friday,” the Illinois Department of Employment Security told the Chicago Sun-Times Wednesday afternoon.

The state estimates payments will be delayed for about 29,000 people.

Technology troubleshooters have been working through the night and will continue to work around the clock to fix a database error causing the problems with the website and the agency’s ability to access claim information, according to an IDES statement.

“At this time, the cause of the malfunction is not fully known,” it said.

  44 Comments      


Question of the day

Wednesday, Jul 10, 2019 - Posted by Rich Miller

* Wirepoints

Illinois lawmakers could soon be receiving the nation’s 4th-highest legislative salaries as a result of a lawsuit filed by two former Illinois lawmakers.

Former Sens. Michael Noland of Elgin and James Clayborne of East St. Louis, both Democrats, have sued the state to unwind years of salary freezes they say were unconstitutional. A Cook County court ruled recently that the ex-lawmakers can proceed with their case against the state. State politicians’ cost-of-living increases, commonly known as COLAs, were frozen by the legislature each year from 2009 through 2016.

The fallout from the budget impasse also resulted in no increases to lawmaker wages through 2019. As a result, the annual base salary for members of the General Assembly has been $67,836 since 2009.

If the ex-lawmakers’ lawsuit succeeds, the wage freezes between 2009 and 2016 could be reversed and entitle Illinois’ 177 state lawmakers to years of back pay and raises. And if the “freezes” of the 2017-2019 years are eventually rolled in, the total back pay could cost taxpayers up to $13 million.

The recalculated raises would grow lawmakers’ 2020 salary to more than $81,000, an increase of more than 20 percent compared to their current $67,836 compensation.

* Zorn agrees with the judge on the constitutional issue, but points out some rank hypocrisy

High-mindedness oozed out of a May 2012 statement from the Illinois Senate Democrats.

The news release quoted then-Senate Majority Leader James Clayborne, D-Belleville: “Rejecting this pay raise is the right thing to do at a time when so many people are struggling to make ends meet,” he said. “As legislators, it’s wrong to ask our fellow Illinoisans to make responsible decisions if we are unwilling to do the same.”

The quote from Sen. Michael Noland, D-Elgin, was similarly sanctimonious: “The least we can do is cut our own pay again,” he said. “I know most working families in Illinois are not seeing raises this year, so we shouldn’t either.”

Both had added their votes to the upper chamber’s unanimous, bipartisan approval of House Bill 3188 that called for members of the General Assembly to take furlough days and forgo the regular cost-of-living raise built into state law as a show of support and solidarity with the citizenry during tough economic times.

Both have now gone back to private life, and together they are suing to get back the money that they so ostentatiously declined.

* Abdon Pallasch at the comptroller’s office…

If what’s really driving this is an overriding concern for following the state constitution, then if there’s going to be an order to pay everyone all these COLAs, the constitutional way to do this is for both houses of the General Assembly to have to convene a special session and go down there and ask taxpayers to foot the bill for per diems while everyone votes an appropriation and funding source for the back COLAs they voted earlier to decline. Just a thought.

* The Question: Should there be a vote or should the constitutionality issue be enough for a judge to order back pay? Make sure to explain your answer in comments, please.

  43 Comments      


Strawberry Hampton released from prison

Wednesday, Jul 10, 2019 - Posted by Rich Miller

* NBC 5

A transgender woman who was battling the Illinois Department of Corrections over alleged abuse while she was incarcerated has been released from prison, officials said Tuesday.

Deon “Strawberry” Hampton of Chicago, who was serving a 10-year sentence for burglary, was released Monday from Logan Correctional Center outside Lincoln, Illinois.

In a statement, the Illinois Prisoner Review Board said the Corrections Department recommended granting restoration of good conduct credit to Strawberry Hampton, 28, “and the Prisoner Review Board approved that recommendation, which made Ms. Hampton eligible for release.”

Hampton was incarcerated in April 2015 and the Corrections Department projected she would be released in July 2021.

Hampton was incarcerated at correctional facilities for men before being transferred last year to Logan, a facility for women. She alleged she was repeatedly the victim of sexual assault, taunting and beatings in male prisons.

* AP

Hampton said she was due to be released from prison in February, but she said officers retaliated against her for reporting the alleged abuse by revoking her good conduct credit. She said that effectively lengthened her sentence. Hampton has two ongoing lawsuits against the Corrections Department.

Spokeswoman Lindsey Hess said the department couldn’t comment on Hampton’s allegations because of pending litigation.

“I think it was a combination of having those two lawsuits, our clemency petition, our consistent advocacy,” that led to IDOC restoring her good time, attorney Vanessa Del Valle of the MacArthur Justice Center told WBEZ. “I think it just all came together.”

* WBEZ has been all over this story and broke the news

Strawberry Hampton was housed at four different Illinois Department of Corrections men’s facilities. She said she faced repeated physical, verbal and sexual abuse from guards and fellow prisoners. Hampton accused staff at Pinckneyville Correctional Center of forcing her to have sex with her cellmate for their entertainment, according to court filings. […]

Hampton was due to be released from an Illinois prison last February, but she said officers retaliated against her for reporting the alleged abuse by revoking what’s known as good time, and it effectively lengthened her sentence. Hampton was sentenced to 10 years in prison for burglary. She was released Monday because IDOC recommended restoring Hampton’s good time, and the Illinois Prisoner Review Board approved its request. […]

Hampton waged a legal battle to be transferred to a women’s prison, and in December 2018, IDOC transferred her to Logan Correctional Center. She was due to stay in prison until November 2019. […]

Justice Department data estimates there were over 3,200 transgender inmates in state and federal prisons as of 2012. And nearly 40% reported being victims of sexual misconduct by other inmates and guards. That compares to around 4% of the general prison reporting such abuse.

  32 Comments      


Cassidy was right

Wednesday, Jul 10, 2019 - Posted by Rich Miller

* AP

New research suggests legalizing recreational marijuana for U.S. adults in some states may have slightly reduced teens’ odds of using pot.

One reason may be that it’s harder and costlier for teens to buy marijuana from licensed dispensaries than from dealers, said lead author Mark Anderson, a health economist at Montana State University.

The researchers analyzed national youth health and behavior surveys from 1993 through 2017 that included questions about marijuana use. Responses from 1.4 million high school students were included.

Thirty-three states have passed medical marijuana laws and 11 have legalized recreational use — generally for ages 21 and up, many during the study years. The researchers looked at overall changes nationwide, but not at individual states.

There was no change linked with medical marijuana legislation but odds of teen use declined almost 10% after recreational marijuana laws were enacted.

The research article is here.

* So, Politifact may want to revisit this rating from May

[Rep. Kelly Cassidy] said, “In states that have legalized, you see steady decreases in youth use if you do it right.”

She did not provide any proof to back up her statement.

Of the 10 states that allow adults to use cannabis recreationally, only four have permitted retail sales long enough to provide enough data points for a preliminary comparison. While state survey data show no spike in current marijuana use among teens, they also fall short of suggesting the downward trajectory Cassidy described.

We rate her claim Mostly False.

* In other developments

Illinois is just months away from legalizing recreational marijuana.

Now the Adams County Board must decide if the county should allow dispensaries in the county.

Even though using recreational marijuana will soon become legal anywhere in the state, Illinois counties have the option of whether to allow dispensaries in to provide the drug.

“Let’s be honest about what we have in front of us, it is legal in Illinois,” Board Finance Chair Bret Austin said. “Let’s decide if it’s something we want in our county.”

It’s already in your county, commissioner. And criminals run the business. You can either try to put those criminals out of business with competition, or just continue along your current path.

  15 Comments      


*** UPDATED x1 *** State will pay $7500 to cancel band contract

Wednesday, Jul 10, 2019 - Posted by Rich Miller

* Center Square Club for Men

It’s unclear how much taxpayers will have to pay, if anything, to breach a contract with a country act that has been removed from the entertainment lineup for the DuQuion State Fair […]

[Rep. Darren Bailey, R-Xenia] said there are some questions the Department of Agriculture is going to have to answer.

“There was probably a contract signed, so what did the state of Illinois give up, what is the cost of canceling Confederate Railroad?” Bailey asked.

I asked the governor’s office yesterday and was told the cost of canceling the Confederate Railroad show was $7,500. That’s the full amount the group was promised to play the fair. In comparison, Thomas Rhett’s base contract to play the Illinois State Fair last year was $280,000. But Rhett has had hits during this century.

* The area’s Harley Davidson dealership claims to have booked the band

Black Diamond is proud to announce the Confederate Railroad band will be on stage September 5th at the Black Diamond Event Center (Black Diamond RV building) in Marion Illinois!

But this is from the Southern’s article yesterday

After speaking with the band’s agent, McKinney believes the band is receiving at least partial compensation from the state, and remains legally bound to some elements of its contract.

That includes an obstacle to a makeup show: a “radius clause” that prohibits the band from playing any other concerts in the Southern Illinois area within 60 days of the Du Quoin show, McKinney said, which was set for Aug. 27.

That means the soonest the band could play in the region is late October.

The governor’s office will have no objection to the show, I’m told.

* In other developments, a whole lot of people seem to be “unclear on the concept.” Let’s start with this post on the Boycott Du Quoin State Fair Facebook page

Ok Southern Illinois, this group is for those like me that are tired of the constant censorship and liberal political correctness that is constantly being crammed down our throats. Join me in boycotting the Duquoin State Fair this year due to their canceling of the band Confederate Railroad strictly because of their name and the Confederate flag. Governor Pritzker has stated let this be a “Teachable Moment for Southern Illinois”.

Help me show his regime that we in Southern Illinois don’t need to be taught anything from Cook County or their liberal agendas.

From comments

Boycott a fair that has been on the chopping block for two decades over a band that hasn’t had a hit single in a quarter century.

I love southern Illinois, but sometimes….

The Illinois Department of Agriculture decided last month to drop the Du Quoin Fair’s $2 daily admission price and make it free after officials heard “many complaints” from locals, according to Fox St. Louis.

So, they’re calling for a boycott of a free event which provides a huge annual economic boost to their area, while the costs are underwritten by northern Illinois taxpayers.

* From my email inbox…

You people are just an embarrassment to this great country of ours! Why must you bring politics into everything done here? I bet if the Confederate Band had a name like LGBQT Band you would have let them play. Again what an embarrassment you are and shame on you!

Um, OK.

* The AP was particularly clueless

The flare-up in DuQuoin, about 320 miles south of Chicago, rekindles a centuries-old rift in Illinois, whose southern tip reaches far into the confines of the old Confederacy

Kentucky, just to our south, was a “border state” and never seceded. A “rump” legislature in Missouri voted to secede, but it didn’t appear to have the authority or even a quorum to do so.

Yes, southern Illinois is on the same latitude as northern Virginia, but that AP claim is still pretty odd. Also, Virginia narrowly voted for the decidedly non-southern Hillary Clinton in 2016.

* Meanwhile, the boycott page has started to implode

Well, it sucks, but it’s time for me to leave this group. I joined when it first started to support CR and show my disapproval of the censorship/loss of freedom of speech. I wish you all well and I hope it gets back to what it was originally about. It has become a page of posts wanting to ban another act, which is just more censorship. It has become about black and white, Republican and Democrat, and people wanting to do things that just reinforce what happened and make southern Illinoisans look like a bunch of redneck racists. I hope some of you will start thinking a little more before you post and maybe do some self reflecting. Good luck to the original movement. I hope to see CR playing somewhere close soon. God bless you all.

*** UPDATE *** Tina Sfondeles

A day after the Pritzker administration defended its decision to bar Confederate Railroad from performing at the downstate DuQoin State Fair, the Democratic governor called the Confederate flag “a symbol of murder, of kidnapping, of rape.”

“The Confederate flag is a symbol of not just slavery, but of treason agains the United States,” Pritzker said at an unrelated press conference in Chicago. […]

“That’s what happened under the banner of the Confederate flag many years ago in this country,” Pritzker said at an unrelated press conference in the Loop. “It is today the symbol of racists, of white nationalists, of the alt-right and so I do not think that the state of Illinois should be sponsoring something that is amplifying that symbol.”

But Pritzker, too, was asked to respond to a lawmaker’s claim that Snoop Dogg, scheduled to perform at the Illinois State Fair on August 16 in Springfield, also has some controversial imagery. The rapper’s latest album, “Make America Crip Again,” features Snoop Dogg standing over a corpse with a toe-tag that reads “Trump.” That comparison was brought up by state Rep. Terri Bryant, R-Murphsyboro.

“There’s a big difference between what I just described and the hundreds of thousands of people [who] died; millions, in fact tens of millions of people, were enslaved. We’re talking about a history, a terrible history in the United States,” Pritzker said. “Death and destruction that took place under that flag — and on the other side, political satire.”

* Related…

* Mystery solved: Montgomery Gentry to do Fair Grandstand show

  58 Comments      


All-Star break open thread

Wednesday, Jul 10, 2019 - Posted by Rich Miller

* Your thoughts on the baseball season’s second half?

  27 Comments      


State trying to reduce huge Medicaid backlog

Wednesday, Jul 10, 2019 - Posted by Rich Miller

* Crain’s

Illinois is hiring hundreds of frontline workers to resolve major delays of its Medicaid application and renewal processes.

The Illinois Department of Healthcare and Family Services, which oversee Medicaid, and the Illinois Department of Human Services are working together to fill the vacancies, the departments said in a statement today. The first positions [were] expected to be filled [last] week.

The Medicaid redetermination process, which reviews eligibility for the state’s nearly 3 million Medicaid beneficiaries, can lead to lapses in coverage. Such gaps are hard on patients, especially those managing chronic conditions, and health systems that don’t get reimbursed for medical services when claims are denied by health plans.

Backlogs, which have increased in recent years, are considered delays of 45 days or more for initial applications and 60 days or more for renewals, the statement says.

* More from WUIS

The state of Illinois is expected to hire more than 300 training and technical staff members in an attempt to bring down a backlog of unprocessed Medicaid applications.

The General Assembly also approved a bill this spring aimed at addressing problems with the Medicaid program. Those include a high denial rate cited by providers and the application processing backlog – which has reached over 100,000.

State Sen. Heather Steans, a Chicago Democrat, the bill’s sponsor, said, “The federal government actually has outstanding problems with the state, and the state’s at risk of losing some dollars from the federal government because of the long, long backlog,” she said.

Applications are going unprocessed now for long periods, which is now in violation of federal rules. Many who do have the insurance for lower income individuals lose it because of problems with the renewal process. That’s according to Dan Rabbitt, a health polucy expert with the the Heartland Alliance.

  20 Comments      


*** LIVE COVERAGE ***

Wednesday, Jul 10, 2019 - Posted by Rich Miller

* Follow along with ScribbleLive


  Comments Off      


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