* Rebecca Anzel at Capitol News Illinois…
The attorney representing two Republican lawmakers in separate cases challenging Gov. JB Pritzker’s emergency powers has three new clients: a hair salon owner and a restaurateur with two establishments.
Thomas DeVore, in the five cases, argues the governor has neither constitutional nor statutory power to implement consecutive 30-day COVID-19 state of emergency orders. If the governor doesn’t have that power, DeVore argues, he cannot extend stay-at-home orders. […]
All three of DeVore’s most recent filings against the state are nearly identical. According to the documents, the establishments’ owners have “no doubts Pritzker will at some point come before (a judge) with reams of paper, and a team of attorneys, proclaiming he was doing what was necessary to protect the people of this state.”
But that has “absolutely no consequence whatsoever” because, the lawsuits allege, the governor does not have the authority to order businesses closed. That power rests with the Illinois Department of Public Health, DeVore argues.
* WREX…
Rep. John Cabello (R-Machesney Park) has filed a temporary restraining order in regards to Gov. JB Pritzker’s stay at home order.
According to online court records, the injunction was filed in the 17th Circuit Court on Tuesday. According to those same court records, a motion was filed on behalf of Gov. Pritzker, although it’s unclear what that motion is for.
The injunction will go before a judge Friday.
* Tribune…
For about 80 other businesses, DeVore’s Greenville firm has used a different tactic.
DeVore has advised the businesses to write letters to their local health boards, citing a portion of a directive from Dr. Ngozi Ezike, the Illinois public health director, that accompanied Pritzker’s order. The directive says health officials have the authority to shut down businesses that violate Pritzker’s order if they’re determined to be public health risks. The letters go on to tell local health authorities that because the owners believe their businesses aren’t public health risks, they will reopen within 48 hours.
The letters then demand if authorities want the business closed, officials should seek a court order to close the business.
“We haven’t heard back from them objecting in a single case,” DeVore said.
This is how that works…
[Rodney Viehland, the owner of Coles County Dragway] said after the fourth attempt to gain approval from the local health and county officials, hired attorney Tom DeVore to represent him in a lawsuit filed on Monday, May 4, 2020, against the Coles County State’s Attorney, Coles County Sheriff’s Department and the Coles County Health Department.
Viehland said it was his last resort because he didn’t want to be the business owner who opened illegally and had his event shut down by the police.
The defendants, according to Viehland, had 48 hours in which to respond to the suit. Viehland said none of the three defendants responded.
Viehland said he received a letter from the court which stated, “The local health board has received notice of your lawful objections to being closed as an alleged health risk, and Department of Health did not respond with any objections within the 48 hours. Given their failure to seek a court order within the time prescribed by law, this inaction by the local Board of Health is deemed as acknowledgement on their part that your business is not a public risk.” By the following Thursday, Coles County Dragway was open for a test and tune.
DeVore has also actively pressed several counties and other local governments to defy the stay at home order. Madison County was probably his most high-profile victory.
* Law.com…
DeVore said his successful representation of Bailey has led to him getting calls from lawyers and would-be clients across the country, including California, Kansas, Maine, West Virginia and Wisconsin.
DeVore generated local headlines in January 2017, when he criticized a group of students who gave him incorrect change at a concession stand. In a Facebook post, DeVore repeatedly called each of the students a “special child (that’s politically correct for window licker).”
“Lord help us with the window lickers, I mean special children,” DeVore wrote.
At the time, he was a candidate for the Montgomery County School Board, but he quit the race about a month later. He said his comments were taken out of context in describing DeVore as criticizing “special needs children for their inability to count.” He filed a libel lawsuit over the episode in early 2017.
DeVore said that while he believes he had an easy case to prove, he decided not to pursue it after dropping out of the race. He said both the defendant and the community realized he wasn’t insulting children with developmental disabilities. He said the case has been administratively closed for two years, but he was filling paperwork to have it dismissed.
That kinda underplays the situation. One of the people he sued was a special education teacher…
The flyer was posted to her Facebook account on Jan. 22. The flyer, attached to the suit as “Exhibit A,” includes the snapshot of DeVore’s post followed by the message, “This is Thomas DeVore in real life. He is running for our school board in Montgomery County Illinois. If you would like to let him know what you think of his position on disabilities please contact him,” and then gives the name, address and telephone number of his law office.
The suit argues that DeVore’s law firm “has no connection to the false statements or to DeVore seeking public office,” and further, “DeVore has received numerous threatening and insulting messages. An incalculable number of unpleasant opinions were posted about DeVore, the company, and DeVore’s personal business interests on social media,” and “DeVore’s law firm, and its affiliates, received business communications from clients asking for an explanation.”
The suit claims that actions by the defendants “have caused financial harm to DeVore’s business reputation, impaired his future business and professional interests, and caused intentional infliction of emotional distress,” and “made it seemingly impracticable for DeVore to seek public office as a school board member.”
…Adding… 2017…
The lone defendant remaining in the suit is Brian Wheeler of Hillsboro, whose attorney Jack Evans was present in court during the hearing.
“We definitely agree that all claims against Zach Wygal should be dismissed with prejudice, and we certainly appreciate the fact that they saved us from the trouble of preparing our own motion to dismiss,” Wygal’s attorney Chris Sherer of Hillsboro said during the Thursday hearing in front of Judge Doug Jarman. “We believe the plaintiff’s complaint suffers from a variety of infirmities, the most significant of which is that it was Mr. DeVore’s own statements, not any statements made by my client, that attracted the public’s attention and went viral.”
Sherer also questioned the motive behind the suit.
“We just want to state for the record that we believe the plaintiffs are attempting to use the judicial process to engage in a public relations campaign to rehabilitate Mr. DeVore’s image, which was tarnished by his own doing,” the attorney said. “However, we just want the record to be clear that Mr. Wygal is not willing to agree to any revisionist attempt to minimize the significance of the insensitive comments made by a school board candidate.”
Sherer also acknowledged that Wygal has been reimbursed for filing fees incurred in the matter.
* And from 2009…
A Bond County man says he gave up an opportunity to attend law school and quit his anticipated position as a paralegal to accept a job paying $125,000 per year, only to be fired from the job four months after he was hired.
Thomas G. DeVore filed a lawsuit Aug. 18 in Madison County Circuit Court against Foresight Management, Montgomery Land Company, Bond Land Company, Colt, Roger A. Dennison Jr., John F. Dickinson II and James Morris.
- Roadrager - Wednesday, May 13, 20 @ 12:39 pm:
What a surprise, he thinks society is beneath him.
- southsider - Wednesday, May 13, 20 @ 12:41 pm:
I’m almost afraid to comment on this post for fear Mr. DeVore will file a lawsuit against anyone who disagrees with him.
- Oswego Willy - Wednesday, May 13, 20 @ 12:44 pm:
He should be “of counsel” with the likes of Tony Peraica…
It’s like he’s ambulance chasing, but some of those ambulances may turn out to be hearses?
- Not a Superstar - Wednesday, May 13, 20 @ 12:44 pm:
== He said his comments were taken out of context in describing DeVore as criticizing “special needs children for their inability to count.” ==
DeVore seems nice. I wonder what “context” justified his publicly insulting students as “window lickers.” Or baselessly suing a special education teacher who exercised her First Amendment rights.
- Not a Superstar - Wednesday, May 13, 20 @ 12:46 pm:
== some of those ambulances may turn out to be hearses ==
He’d better chase them while he still can!
- Where is the AG - Wednesday, May 13, 20 @ 12:46 pm:
Cough
- ArchPundit - Wednesday, May 13, 20 @ 12:47 pm:
I’m amazed by people like DeVore in their ability to teach me new epithets. I like to think I have a fairly strong understanding of offensive language, but leave it to this guy and people like him to introduce me to new ones.
- Anon221 - Wednesday, May 13, 20 @ 12:52 pm:
If DeVore undermines things enough, they just might come crashing down on him. Sometimes the tunnel you dig ends up collapses on you.
- Jibba - Wednesday, May 13, 20 @ 12:54 pm:
There are some people who are remembered fondly for making the world a better place while they were here. And then there are others.
- Precinct Captain - Wednesday, May 13, 20 @ 12:57 pm:
Tort reform anyone?
- Thankful1 - Wednesday, May 13, 20 @ 12:58 pm:
-ArchPundit@12:47
Same.
- Southern - Wednesday, May 13, 20 @ 1:01 pm:
One of the troubling aspects of his actions is that, in some instances, the local authorities seem to be turning a blind eye. One suit argues that “the Clinton County Sheriff’s Department had previously advised Dookie’s it would not be enforcing EO 32 against Clinton County citizens and businesses.” The suit then complains that state troopers “stormed” the reopened bar on May 8 but did not “advise the Clinton County Sheriff’s Department of its intentions” beforehand.
- Jocko - Wednesday, May 13, 20 @ 1:04 pm:
For those keeping score at home, DeVore’s client (Bailey) dropped the TRO, he dropped the libel suit against the special education teacher, and quit the race for school board.
I don’t see him starring in a John Grisham novel anytime soon.
- Give us Barabbas - Wednesday, May 13, 20 @ 1:14 pm:
Ok, I’m not a lawyer. But this argument, that the state did not respond to a wacky request in 48 hours, therefore there’s “no-takebacks”, like some playground game of tag… this can’t be enforceable, can it? How is it the shop owner can dictate the terms? They are counting on a very preoccupied health board to be too busy to come down and post a “license revoked” sticker? Strikes me as super-childish. But is it legal? I guess if I was the local health department I’d send out a health official and a police escort and lock that place up. Actions have consequences. And some people have to have that forcibly demonstrated.
- Excitable Boy - Wednesday, May 13, 20 @ 1:16 pm:
If he’d just doubled down on the insult he could have been president.
- Skeptic - Wednesday, May 13, 20 @ 1:25 pm:
“the governor does not have the authority to order businesses closed. That power rests with the Illinois Department of Public Health, DeVore argues.” Um, so he picks up the phone and calls the person that works for him and tells her to do it? Will that make it all better for him? Sheesh.
- Lynn S. - Wednesday, May 13, 20 @ 1:27 pm:
Give Us Barabbas,
Kind of my thoughts, too.
I wouldn’t be surprised if the “48 hour”deadline was an attempt to try to set Mr. DeVore’s clients up, so that when they get shut down by their local health department, they can ask for court costs and attorney’s fees when they sue the health department.
If I was a judge, and an attempted case like this came before me, my ruling would include a requirement that Mr. DeVore and his clients are not only responsible for their costs, they would have 48 hours to reimburse the health department for staff time and legal fees associated with the action they created.
- Frank talks - Wednesday, May 13, 20 @ 1:31 pm:
So now the GOP needs ITLA?
- Homebody - Wednesday, May 13, 20 @ 1:40 pm:
@Give us Barabbas
== But this argument, that the state did not respond to a wacky request in 48 hours, therefore there’s “no-takebacks”, like some playground game of tag… this can’t be enforceable, can it? ==
It is not, but this is a common ploy people try to pull in regulated industries especially. The case law on estoppel against the State in Illinois is very clear. There needs to be an actual affirmative act by the state on which the person relies. Failing to respond to their letter will never be enough for estoppel against the State in Illinois (unless you’re in front of certain judges in certain counties, but that is a different issue).
- Bigtwich - Wednesday, May 13, 20 @ 1:49 pm:
I do not find any court filings under any of the names in this story that could possibly relate to this. The “letter from the court” does not sound like a letter from a court. Could it be a letter from Mr. DeVore?
- Candy Dogood - Wednesday, May 13, 20 @ 1:50 pm:
===Failing to respond to their letter will never be enough for estoppel against the State in Illinois===
Incidentally this is also why some PSAs and SPSAs will completely ignore emails and other correspondence they receive.
- Annonin' - Wednesday, May 13, 20 @ 2:09 pm:
Guess this guy is much more than a virus chaser.
- Demoralized - Wednesday, May 13, 20 @ 2:16 pm:
Go ahead. Open. See how your business does after you lose your professional licenses or your food establishment permits. You think you’re in trouble now? Your done in those cases.
- Southern - Wednesday, May 13, 20 @ 2:19 pm:
Good catch, Bigtwich. I also cannot find anything resembling a case like that on Judici for that county. Nothing in federal court of Central District of Illinois, either.
- Southern - Wednesday, May 13, 20 @ 2:30 pm:
Bigtwich, maybe it was a letter from the state’s attorney? I could see how a non-lawyer might mistake that for a “letter from the court.” If so, it means the county authorities and its health department felt it was OK to give the racetrack the green light to reopen.
- Candy Dogood - Wednesday, May 13, 20 @ 2:36 pm:
The article about his lawsuit over being fired indicates that his spouse is a nurse who went back to school to pursue a graduate degree in the field.
I wonder what she thinks of his lawsuits.
- Lynn S. - Wednesday, May 13, 20 @ 2:36 pm:
@Southern,
Given that we haven’t seen the referenced “letter from the court”, I don’t know that I would assume that the officials in Coles County are cool with the race track opening.
I wouldn’t be at all surprised to find out that what “the letter from the court” says and means something quite different than what the race track owner assumed,
- Publius - Wednesday, May 13, 20 @ 2:40 pm:
Well the experiment last over 200 years we got that to look back on
- Southern - Wednesday, May 13, 20 @ 2:41 pm:
Lynn S., agreed that I shouldn’t make that assumption. Something just isn’t adding up there, though.
- Elliott Ness - Wednesday, May 13, 20 @ 2:44 pm:
The man should have ZERO credibility and followers, “window lickers”, he said that he owns that and that is enough to completely ruin his credibility - $250 for him, NEVER
- Lynn S. - Wednesday, May 13, 20 @ 2:57 pm:
Southern,
If you go back and re-read the story, the race track owner says he called the health department after 48 hours, and they told him all future communications would be through their lawyer.
I’m just a girl, but that certainly doesn’t sound like the health department is cool with the race track owner’s actions.
I guess we shall see how this goes. When the race track owner is on the local news, whinging on and on about the trouble he’s in with his local health department, we’ll have a portion of our answer.
- Captain Mal - Wednesday, May 13, 20 @ 3:44 pm:
Here’s the outcome of the case, if anyone was wondering.
https://www.thejournal-news.net/stories/two-of-three-defendants-dismissed-from-lawsuit,17860
- Pundent - Wednesday, May 13, 20 @ 4:21 pm:
Well at least the leader of the right to die movement has a name and face that we can attach to it.
- Southern - Wednesday, May 13, 20 @ 4:28 pm:
Lynn S., you are correct. This explains it: https://www.facebook.com/groups/126133505085/permalink/10158572897445086/
Basically, DeVore sent the 48-hour letter to the local authorities, then declared himself the winner. Races are set for this weekend.
- Mama - Wednesday, May 13, 20 @ 6:10 pm:
Who is behind all of these lawsuits?
- Southern - Wednesday, May 13, 20 @ 7:40 pm:
And then the Coles County state’s attorney issues this edict, saying he won’t prosecute churches and businesses that reopen. https://bloximages.chicago2.vip.townnews.com/jg-tc.com/content/tncms/assets/v3/editorial/7/be/7be1e8e9-9179-558c-83d9-01cb0a789ac7/5ebc3f02be850.pdf.pdf
- Pundent - Wednesday, May 13, 20 @ 8:19 pm:
=Who is behind all of these lawsuits?=
https://capitolfax.com/2020/05/13/the-man-doing-the-most-to-undermine-the-governors-stay-at-home-order/
- JB13 - Wednesday, May 13, 20 @ 9:07 pm:
I look forward to the somewhat deep dives into the backgrounds of the warm and fuzzy, all around nice guy trial lawyers who pour money into the Democratic Party and threaten to sue anyone who dares defy the governor.
Surely they are all Captains America. Squeaky clean scouts, one and all.