Don’t believe everything you read
Thursday, May 14, 2020 - Posted by Rich Miller
* Madison - St. Clair County Record…
State police stormed a Carlyle bar and shut it down on May 8, according to a complaint challenging Gov. JB Pritzker’s virus order.
Dookie’s Set sued Pritzker in Clinton County court on May 11, asserting that he didn’t identify his constitutional power to seize control. […]
In the complaint for Dookie’s, [attorney Thomas DeVore] alleges that deeming the bar a health risk was arbitrary and capricious.
He wrote that at no time did the local health department investigate Dookie’s regarding suspicion of contamination with any infectious disease. […]
He wrote that before 1 a.m. on May 8, “eight armed Illinois state troopers stormed Dookie’s premises.”
“When one of the state troopers curtly asked Dookie’s why it was reopening in violation of Pritzker’s order, the owner told the trooper he needed to feed his family,” he wrote.
“At no time prior to storming Dookie’s premises did the state police advise the Clinton County sheriff’s department of its intentions.”
* I checked in with the Illinois State Police…
On May 8, 2020, ISP District 11 was notified by the Clinton County Sheriff’s Office that the Dookie Set located in Carlyle, IL was open and operating. ISP responded to the business and took the approach that ISP has taken consistently throughout this crisis – talking with the owner about the importance of the executive orders in protecting the public health by preventing the spread of COVID-19. ISP provided the owner with documents, including a cease and desist order.
In responding to calls about open bars, ISP works with the Illinois Liquor Control Commission which has authority to take action on the state liquor license of an establishment found to be unlawfully operating. The ILCC’s cease and desist order affords a licensed liquor establishment the opportunity to come into compliance before the ILCC moves forward with due process which, in this type of instance, could include imposition of a fine, or revocation or suspension of the establishment’s state liquor license issued by the ILCC.
The ISP will continue to act as community caretakers, working to educate citizens and businesses about the critical importance of the Stay and Home Executive Order in preventing the spread COVID-19 and urging voluntary compliance. While the goal is voluntary compliance, citizens should be aware that non-compliance with the Executive Order can result in criminal and civil sanctions.
So, they didn’t come storming in without notifying the county sheriff. And of course they were armed. They were on duty. Who would expect otherwise? Also, this was about the liquor commission, not the public health department.
* I hope this guy doesn’t get anyone hurt…
Just truly stupid advice.
* On a lighter note, here’s a gift idea for Eastern Bloc members as they prepare to return to session next week…
- JIbba - Thursday, May 14, 20 @ 3:54 pm:
Didn’t Bailey just violate section (a4)?
- curiosity - Thursday, May 14, 20 @ 3:54 pm:
Does Representative Bailey know that it’s illegal for non-lawyers to give legal advice? Probably particularly problematic for a non-lawyer to purport to give legal advice using his official position.
- Ron Burgundy - Thursday, May 14, 20 @ 3:57 pm:
I think there’s a much greater chance of the business owners violating the law than these public officials, who shut down places all the time for things like cleanliness. Also public officials acting in the course of their duties enjoy some measure of immunity. But clearly Rep. Bailey has shown he is no expert on immunity.
- @misterjayem - Thursday, May 14, 20 @ 3:59 pm:
“Does Representative Bailey know that it’s illegal for non-lawyers to give legal advice?”
https://www.isba.org/resources/upl/request
– MrJM
- Floyddog - Thursday, May 14, 20 @ 4:00 pm:
Beetle’s going to get cops killed. He doesn’t care who gets hurt, as long as he gets attention and stirs up his base
- What is to be done? - Thursday, May 14, 20 @ 4:02 pm:
In 1789, the Bill of Rights was drafted. Nowhere does it contain words “except during a disease epidemic,” nor does it contain any words that are synonymous. The Bill of Rights contains no emergency or crisis exception.
- Ron Burgundy - Thursday, May 14, 20 @ 4:04 pm:
–Didn’t Bailey just violate section (a4)?–
Arguably. As a legislator he himself has no legal authority to directly tell any of those officials how to carry out their duties.
- Oswego Willy - Thursday, May 14, 20 @ 4:05 pm:
=== Bill of Rights===
What rights are being violated… the right to be a Covidiot and infect people needlessly so you can eat at Chuck E Cheese?
- Back to the Future - Thursday, May 14, 20 @ 4:06 pm:
Imagine the Judges surprise and outrage on learning that State Police carry guns.
- Oswego Willy - Thursday, May 14, 20 @ 4:09 pm:
Leader Durkin;
Do you agree with Mr. Bailey?
Does your caucus?
- Token Conservative - Thursday, May 14, 20 @ 4:11 pm:
==Leader Durkin;
Do you agree with Mr. Bailey?
Does your caucus?==
Durkin? No.
His caucus? Mostly.
- TheInvisibleMan - Thursday, May 14, 20 @ 4:13 pm:
I’ve seen too many people take the self destructive path to not recognize the behaviors of Bailey.
He is moving faster and faster, to avoid accepting the failures as they come, and getting more anxious by the day.
When the house of cards he has built comes crashing down all at once, and it will, my only advice is for people to not be anywhere near him when that happens.
- Oswego Willy - Thursday, May 14, 20 @ 4:16 pm:
=== Durkin? No.
His caucus? Mostly.===
I’d like to see Leader Durkin go in the record.
I don’t think (I’m pretty sure your right, actually) Leader Durkin favors your thoughts to this… but I *think* he’s an attorney… may be… could be… but maybe as a former prosecutor… maybe Leader Durkin shouldn’t be so passively silent or so actively ignoring this.
One might think Leader Durkin’s silence means he favors Mr. Bailey’s thoughts.
Leader Durkin can clear it up… if he wants.
- Ray Gun - Thursday, May 14, 20 @ 4:16 pm:
Cute mask. really helps dial down the tension between everyone.
- Demoralized - Thursday, May 14, 20 @ 4:17 pm:
==The Bill of Rights contains no emergency or crisis exception==
The Courts have ruled otherwise in several cases.
- Oswego Willy - Thursday, May 14, 20 @ 4:18 pm:
- Token Conservative -
My tongue firmly in cheek.
Stay well.
- Perrid - Thursday, May 14, 20 @ 4:19 pm:
Even if a court decides that the boards were acting on authority they didn’t have, they would almost certainly be protected by the reasonable argument that they thought they were.
- Nobody - Thursday, May 14, 20 @ 4:20 pm:
It really frightens me to see how people who have little to no understanding of the constitution continually complain about their rights at the expense of everybody else and yet are elected to government.
- Demoralized - Thursday, May 14, 20 @ 4:20 pm:
Dear Rep. Bailey:
Both the Liquor Control Commission and Public Health Departments have the legal authority to close businesses. It’s scary that a lawmaker doesn’t actually know what is in the law.
- Oswego Willy - Thursday, May 14, 20 @ 4:22 pm:
If the caucus thinks Mr. Bailey is wrong, they should speak up too.
A member of their caucus is tweeting and saying these things.
Do you agree?
- Cubs in '16 - Thursday, May 14, 20 @ 4:24 pm:
===arbitrary and capricious===
I see Thomas DeVore graduated from the Jackie Chiles School of Law.
- Norseman - Thursday, May 14, 20 @ 4:31 pm:
Durkin should condemn this outrageous behavior by Bailey. As should Brady. They need to be asked.
- nadia - Thursday, May 14, 20 @ 4:31 pm:
If an establishment loses it’s liquor license wouldn’t they then lose their video gaming license? Maybe a suspension of the liquor license and a longer loss of the video gaming license would be appropriate.
- Oswego Willy - Thursday, May 14, 20 @ 4:33 pm:
=== They need to be asked.===
They need… to be asked.
Otherwise… this behavior does indeed speak to not only the Leader (Durkin) but to the caucus… not one of them says…
“The guys wrong, the law and laws are clear”
Not one?
- Lincoln Lad - Thursday, May 14, 20 @ 4:39 pm:
85,000 dead, and people have a right to turn that into 185,000 I guess. Or is it more? How many do they have a right to put at risk?
In truth, with the limitations on testing and lack of understanding of what’s really happening, we have far more than 85,000 dead. The additional deaths are being labeled as being for other reasons. This is beyond perverse, and I’m disappointed in so many ways on how we as a nation are responding to a multi-generational crisis.
- Dotnonymous - Thursday, May 14, 20 @ 4:40 pm:
Which Republicans are on board with Bailey?…let’s at least see your faces…publicly.
- Dotnonymous - Thursday, May 14, 20 @ 4:41 pm:
There are many forms of ridiculous…this is the dangerous form.
- Oswego Willy - Thursday, May 14, 20 @ 4:45 pm:
Leader Durkin should at least tell his suburban district he’s with Bailey…
… or not with Bailey.
When member management lacks… you get unherded cats that make you as the leader look bad.
- Powdered Whig - Thursday, May 14, 20 @ 4:54 pm:
I have said this in previous posts, but the division caused by responses to COVID-19 has really caused me to lose faith in humanity. This pandemic should have been a cause for unity in an effort to save people’s lives. Instead, it has underscored the egotism and selfishness which has permeated through our entire society.
- Token Conservative - Thursday, May 14, 20 @ 4:59 pm:
==Leader Durkin can clear it up… if he wants.==
As Willy knows, the more Durkin lets the Eastern Bloc do their madness without repercussion, it’s more likely he remains leader.
- Oswego Willy - Thursday, May 14, 20 @ 5:02 pm:
=== the more Durkin lets the Eastern Bloc do their madness without repercussion, it’s more likely he remains leader.===
Yep. Truth. Yes.
Why cause someone to rise up and take him down when silence is a good policy for caucus politics.
To Durkin, really, how many are standing up to the Hateful Eight? Skillicorn?
- MyTwoCents - Thursday, May 14, 20 @ 5:03 pm:
Powdered Whig, unfortunately we had the absolutely worst President to lead in a crisis. All he can do is divide and his followers are sheep following whatever he says. (to borrow their phrase)
As I said for the Sheriff’s Association, people need to stay in their lane, you cannot unilaterally decide that something is unconstitutional. What are the Covidiots going to do if the IL Supreme Court and/or the US Supreme Court rules all this legal? But Bailey could be opening up himself to some liability if somebody follows his “advice” and bad things happen.
As for the mask, the most frustrating thing for me is the opposition minority. It’s one thing to have disagreements about the reopening plan and how long businesses should be closed/reduced capacity. But to completely ignore the pandemic and refuse to even take the most steps to be a decent human being and protect your fellow citizens means that your opposition is not grounded in reality.
- TheInvisibleMan - Thursday, May 14, 20 @ 5:19 pm:
Note that the post from Bailey is from his campaign site, not his official site.
Not that it makes it any better, but the case could be made that he knows not to post something like that from his official account and is letting someone else eventually fall on the sword for that post.
- Not a Billionaire - Thursday, May 14, 20 @ 5:23 pm:
Who are the Eastern bloc members?
- JS Mill - Thursday, May 14, 20 @ 5:53 pm:
=In 1789, the Bill of Rights was drafted. Nowhere does it contain words “except during a disease epidemic,” nor does it contain any words that are synonymous. The Bill of Rights contains no emergency or crisis exception.=
You pretending to be an expert on the Constitution are you?
Boozing at a bar, shopping at a store (even a gun shop) is not a right protected by any of the 27 Amendments.
Even is you are an “originalist”, especially if you are an originalist.
The United States Supreme Court has long established limitations of the rights of citizens and the Bill of Rights.
- Duke - Thursday, May 14, 20 @ 6:07 pm:
Where do I order the mask?
- {Sigh} - Thursday, May 14, 20 @ 6:20 pm:
{Sigh} Bailey needs to spend more time on those honey-do lists instead of giving legal advice.
- Token Conservative - Thursday, May 14, 20 @ 6:38 pm:
==Who are the Eastern bloc members? ==
Unofficially?
Bailey
Caulkins
Halbrook
Miller
Wilhour
- Say What? - Thursday, May 14, 20 @ 7:15 pm:
Any question that begins with “does Rep. Bailey know”,. . . . . .concludes with the answer of “no, he doesn’t”.
- Not a Billionaire - Thursday, May 14, 20 @ 7:34 pm:
Thanks token
- PublicServant - Thursday, May 14, 20 @ 9:05 pm:
American citizens certainly have rights. What these Americans screaming about their rights need to understand is that they also have responsibilities, which are of prime importance during a public health pandemic.