Capitol Fax.com - Your Illinois News Radar » Clay County judge again rules against Pritzker, but only applied the TRO to the tanning business which sued
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Clay County judge again rules against Pritzker, but only applied the TRO to the tanning business which sued

Friday, May 22, 2020

* Todd Feurer at CBS Chicago

A Clay County judge who has repeatedly criticized Gov. JB Pritzker’s stay-at-home order again ruled against the governor on Friday, but stopped short of issuing a statewide temporary restraining order that had been sought by a downstate business owner.

James Mainer and HCL Deluxe Tan had filed a new lawsuit on Thursday, seeking to have the governor’s executive order declared null and void. At a hearing on Friday, Mainer’s attorney, Thomas DeVore, sought a temporary restraining order barring the governor from enforcing the order statewide, but instead Clay County Judge Michael McHaney granted an order only for Mainer and his business.

The temporary restraining order exempts Mainer and HCL Deluxe Tan from the stay-at-home order until June 5, when McHaney will hold another hearing on the plaintiffs’ bid for a permanent injunction.

“Waiting until such time as a hearing might be had on the determination on the merits of the injunction is too great a risk for James and HCL, given their freedom and livelihoods are being stripped away in violation of Illinois law every hour that passes,” McHaney’s ruling states.

The TRO is here.

* Jon Seidel

The judge mocked the order, echoing popular complaints, and said, “if I go to Wal-Mart, I won’t get COVID. But if I go to church, I will.”

At his daily news briefing, Pritzker said, “it’s clear that the judge in Clay County has his own political agenda.”

* Meanwhile…


- Posted by Rich Miller        

37 Comments »
  1. - The Way I See It - Friday, May 22, 20 @ 5:22 pm:

    So much for the Feds letting governors run the show. Guess Bailey’s Fox news appearances are paying off.


  2. - SaulGoodman - Friday, May 22, 20 @ 5:26 pm:

    **The judge mocked the order, echoing popular complaints, and said, “if I go to Wal-Mart, I won’t get COVID. But if I go to church, I will.”**

    Its good to know that the judge so clearly doesn’t understand anything that is happening.


  3. - Lake Cook Mom - Friday, May 22, 20 @ 5:26 pm:

    “Die avoidably and leave a good looking corpse.”


  4. - Oswego Willy - Friday, May 22, 20 @ 5:31 pm:

    === The judge mocked the order, echoing popular complaints, and said, “if I go to Wal-Mart, I won’t get COVID. But if I go to church, I will.”===

    There is nothing judicial there, nothing to the legal argument either.

    Matthew Harrison Brady would be… proud?


  5. - former southerner - Friday, May 22, 20 @ 5:37 pm:

    And some wonder why people in greater Chicagoland laugh about downstate rubes. This judge is like a running gag on an old TV sitcom.


  6. - Huh? - Friday, May 22, 20 @ 5:45 pm:

    I am shocked by the judicial restraint of Judge McHaney. Two lawsuits and two rulings that cover 2 people. Just shocked I tell you. /s

    Given the opportunity twice for a statewide TRO, he misfired his shot at the Chicago stay at home orders.


  7. - Excitable Boy - Friday, May 22, 20 @ 5:56 pm:

    - some wonder why people in greater Chicagoland laugh about downstate rubes -

    If you haven’t heard this same rhetoric out of folks in Chicagoland then you must not be paying attention.


  8. - {Sigh} - Friday, May 22, 20 @ 6:00 pm:

    We are facing the final days of special session can the Dems file an amendment making Clay County it’s own state with an immediate effective date {Sigh}


  9. - Practical Politics - Friday, May 22, 20 @ 6:04 pm:

    “Matthew Harrison Brady (William Jennings Bryan) would be… proud?”

    That’s an old reference. For younger readers,”Inherit the Wind” was written for the stage in 1955 and adapted as a movie in 1960.


  10. - Lynn S. - Friday, May 22, 20 @ 6:07 pm:

    What’s the name of the U.S. Attorney for Southern Illinois? Who appointed him/her? Do that person have aspirations of moving on to DC, or running for electoral office somewhere?


  11. - Lt Guv - Friday, May 22, 20 @ 6:08 pm:

    == We are facing the final days of special session can the Dems file an amendment making Clay County it’s own state with an immediate effective date {Sigh} ==

    I could only support that motion if Illinois keeps the mineral rights. I don’t know if there’s anything of value under the ground there, but I’ll set ‘em free as long as we can keep anything of potential future value.


  12. - Oswego Willy - Friday, May 22, 20 @ 6:15 pm:

    - Practical Politics -

    You are probably one of a very few people I’ve found in my life that finds an Easter egg… to crush it in their hand to seem cool.

    You must be fun at parties, lol


  13. - CG - Friday, May 22, 20 @ 6:17 pm:

    It should frighten absolutely everyone that the U.S. Attorney filed anything in this case. This is clearly outside the scope of the U.S. Attorney’s Office’s authority and there is zero legal basis for it.


  14. - Token Conservative - Friday, May 22, 20 @ 6:17 pm:

    ==What’s the name of the U.S. Attorney for Southern Illinois? Who appointed him/her? Do that person have aspirations of moving on to DC, or running for electoral office somewhere?==

    https://www.justice.gov/usao-sdil/meet-us-attorney

    To answer your other question, it’s never someone’s goal to be US Attorney forever.


  15. - Token Conservative - Friday, May 22, 20 @ 6:19 pm:

    Raise your hand if any of this surprises you?

    *crickets*

    And, don’t worry, Chicago folks, we have plenty of stereotypes about you all, too.


  16. - Grandson of Man - Friday, May 22, 20 @ 6:29 pm:

    Great. The Justice Department is supporting getting rid of the EO, just like it’s supporting getting rid of the ACA. Trump is trying to force people out to congregate settings in the middle of a pandemic, to keep hustling the GOP base for votes. Death for Votes should be the campaign slogan.


  17. - MaryLouise - Friday, May 22, 20 @ 6:37 pm:

    Low class to mock the Judge. Walmart’s stock increased 10%. They sell everything in their store. No lockdown for multi millionaire companies. However, my neighbor cannot work in her hair salon.
    Really? Socialism is a dangerous road to go down.


  18. - Oswego Willy - Friday, May 22, 20 @ 6:40 pm:

    === Low class to mock the Judge===

    Judges earn respect by the decisions made in the bench.

    The judge may be low IQ… but not low class to mock the silly.


  19. - Amalia - Friday, May 22, 20 @ 6:41 pm:

    “low class to mock the judge…..” it’s not just this case. the guy has a reputation, and it’s not one of good judicial temperament.


  20. - Osborne Smith III - Friday, May 22, 20 @ 6:41 pm:

    ===Socialism is a dangerous road to go down.===

    You think that what we’re going through right now is Socialism? Oh my.

    News flash - it ain’t. Turn off Faux News and slowly back away from the POTUS Twitter timeline.


  21. - JS Mill - Friday, May 22, 20 @ 6:45 pm:

    What question of federal law was the US Attorney addressing? Right, none. But he certainly was doing a little meddling on behalf of the child in chief.

    The clay County ruling was as expected.


  22. - Glengarry - Friday, May 22, 20 @ 6:49 pm:

    This judge needs to go. Can’t even make a legal argument for his rulings. Barr better be careful with allowing the Justice Department to issue these decisions. Might get disbarred in New York


  23. - Joe Bidenopolous - Friday, May 22, 20 @ 7:17 pm:

    MaryLouise - did you cash your stimulus check?


  24. - Oswego Willy - Friday, May 22, 20 @ 7:18 pm:

    === MaryLouise - did you cash your stimulus check?===

    Aw.

    - Joe Bidenopolous -

    Now you’re just showing off…


  25. - @misterjayem - Friday, May 22, 20 @ 7:19 pm:

    “Walmart’s stock increased 10% *** Socialism is a dangerous road to go down.”

    That there’s some weapons-grade derp.

    – MrJM


  26. - Captain Obvious - Friday, May 22, 20 @ 7:45 pm:

    Hey JS - The US attorney was addressing the issue of whether the case would be properly adjudicated in FEDERAL court or state court. Try tor stronger reading comprehension.


  27. - West Side the Best Side - Friday, May 22, 20 @ 8:12 pm:

    Judges will usually let lawyers draft routine orders, but to just sign the order drafted by the plaintiffs’ lawyer for a case of this importance is just lazy. Don’t you want to make people think you’ve put some effort of your own in reaching a decision. Also, the U.S. Attorney must be auditioning for a federal court appointment by issuing the press release and not just letting the court filing speak for itself.


  28. - Huh? - Friday, May 22, 20 @ 8:40 pm:

    “whether the case would be properly adjudicated in FEDERAL court”

    Beetle’s case claimed violations of federal constitutional rights. So why is it proper to adjudicate in State court?

    As you said, reading is fundamental.


  29. - Original Rambler - Friday, May 22, 20 @ 8:54 pm:

    CG makes a very sobering point.


  30. - olddog - Friday, May 22, 20 @ 9:03 pm:

    Not a lawyer, but if there are federal issues raised in this case, or by the judge’s remark, ““if I go to Wal-Mart, I won’t get COVID. But if I go to church, I will,” it would seem they are addressed in today’s 7th Circuit appellate court ruling that: “The Governor’s Executive Order 2020-32 responds to an extraordinary public health emergency. See generally Jacobson v. Massachusetts, 197 U.S. 11 (1905). The Executive Order does not discriminate against religious activities, nor does it show hostility toward religion. It appears instead to impose neutral and generally applicable rules, as in Employment Division v. Smith, 494 U.S. 872 (1990).”


  31. - JS Mill - Friday, May 22, 20 @ 9:40 pm:

    Hey captain oblivious- this is a matter for the states, try reading the Constitution. The Gederal government has no say in state declarations of emergency. Powers not specifically granted to the federal government are left to the states.

    Give it a read someday.


  32. - JS Mill - Friday, May 22, 20 @ 9:42 pm:

    Federal not “Gederal”


  33. - RNUG - Friday, May 22, 20 @ 9:44 pm:

    I’m going to abstain from commenting on this one. Rich knows why …


  34. - JS Mill - Friday, May 22, 20 @ 10:05 pm:

    @RNUG- teasing us, no fair.


  35. - Pot calling kettle - Friday, May 22, 20 @ 11:01 pm:

    ==if I go to Wal-Mart, I won’t get COVID. But if I go to church, I will.==

    While the judge may be a joke, I’ll answer this as a serious assertion.

    The answer, judge, is this: At Wal-Mart you are in a large space with a relatively small number of people per unit area and those people are passing through fairly quickly and not talking much, so the concentration of respiratory particles is likely to be low. In church, you are in a much smaller space with a high number of people per unit area who are in the same space for at least an hour and are talking and singing, so the concentration of respiratory particles is likely to be high. The answer to your question is: When it comes to viral spread, attending church has a much higher risk than shopping at Wal-Mart. Also, to get the food you need to live, most people need to go to the store; to get in touch with God, no one needs to go to church. (My understanding is that God is everywhere and praying can be done anywhere, at any time.)


  36. - Lynn S. - Saturday, May 23, 20 @ 12:05 am:

    Pot calling kettle, fantastic (banned punctuation).


  37. - walker - Saturday, May 23, 20 @ 7:02 am:

    US Attorney from So Cal wrote a letter to Mayor of LA, and Gov of Calif warning them that they might not have the legal authority to continue their stay at home orders, business restrictions etc. No laws actually cited.

    Did DOJ/Burr put out the word?


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* Reader comments closed for the weekend
* Pritzker thanks Dr. Ezike, extends financial protections, points to progress, says no more daily COVID-19 briefings - Calls Trump tweets "reprehensible" - "I want to send my condolences to the family of George Floyd, and also to every African American in this country" - Defends budget decisions - Credits Illinoisans for progress against virus - No bill signing ceremonies - Hopes testing progress continues - "It seems as if President Trump is withdrawing us from the rest of the world" - No out of state travel plans - Talks contact tracing - Asks Illinoisans to be careful during reopening - Will sign Medicare for undocumented seniors bill - Refuses to criticize Lightfoot for Trump comments - Talks about difficulties in securing testing locations - Dr. Ezike and Pritzker respond to question about what they've learned about themselves and leadership - "We're no longer in a stay at home order"
* 1,622 new cases, 86 additional deaths
* *** UPDATED x1 *** What in the heck is going on in Rockford?
* COVID-19 roundup
* All metro areas reporting record high unemployment rates
* School seclusion and restraint bill derailed after opposition
* Attorney DeVore asks appellate court to dissolve another TRO
* Question of the day
* Madigan issues new guidance to members, staff
* Architects abandon alternative reopening plan
* SUBSCRIBERS ONLY - Supplement to today’s edition
* House of worship attendance limit expected to be removed from stay at home order
* Open thread
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* *** LIVE COVERAGE ***
* Sheriffs file suit against state for refusing to accept jail transfers
* Pritzker says IDPH has offered "suggestions" to churches - Says he's received "pushback" from some private nursing homes - IDPH will file new rule on nursing homes - Still looking at what to do about IDPH rule - Dodges question about Willie Wilson - Employers should use "common decency" when bring workers back - Will wait on feds before making any more budget decisions - Central Illinois hospitalization numbers improve - "We might potentially have to move backwards in the phases - "Not our intention" to make changes to Phase 4 guidance - No plans to dine at restaurant this weekend - No decision about ending daily briefing - Repeats that he has never encouraged police enforcement - Suggests GOP demand for IDES audit could be a "political move" - Still pondering school reopening - All testing is free - Asked about dangers of Legionella in large buildings - Testing and tracing metrics are "internal goals" - Points to federal rules on unemployment and workers who refuse to return - "Difficult for us to open theaters in the near future" - Dr. Ezike talks rules for malls - Dr. Ezike monitoring outbreak at county jail with ICE detainees
* Yesterday's stories

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