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ISP: “We’re between a rock and hard place”

Tuesday, May 26, 2020

* Hannah Meisel at the Daily Line

Also left on the cutting room floor was a bill that would have allowed the Illinois State Police to cite businesses who defied his stay-at-home order with a Class A misdemeanor instead of the Illinois Department of Public Health pulling a business’ license.

Earlier in the week, Pritzker withdrew emergency rules that would have allowed for the same after public outcry over the rules. He instead asked the legislature to codify the rules, but Democrats were wary of forcing it through.

On Sunday, Pritzker said he was “very disappointed” lawmakers did not take up the bill and that the legislature “failed” on the matter.

“It was a complete abdication of responsibility,” Pritzker said.

* Jamie Munks at the Tribune

“They were unwilling to vote on anything like that or they didn’t get it done and so we’re going to have to look at other mechanisms,” Pritzker said. “But the fact is I think the legislature failed in this regard.”

* The problem here is that state law mandates a Class A misdemeanor for violations. Pritzker’s emergency rule had to conform to state law. It would be preferable if violations were a business offense or some other such thing. Legislators, however, were in no mood to touch the topic because IDPH’s emergency rule kicked up such a hornet’s nest. Senate President Don Harmon

We could not agree on what the appropriate measure would be. It was a compressed schedule. This all came to light on the first day of our session. We remain committed to working with the governor to find a path. We just didn’t have the bandwidth to get that done.

Except the General Assembly isn’t scheduled to return to Springfield until November.

* From Illinois State Police Director Brendan Kelly…

State agencies, the AG, local police, local health departments and emergency management have all asked the Illinois State Police for help with enforcement. We don’t want to take anyone to jail, we don’t want to harm struggling business licenses, and we provided language for a civil penalty so these agencies and first responders could get the support they asked for. These folks are now all left with closing a business or letting the virus spread. We’re between a rock and hard place.

Thoughts?

- Posted by Rich Miller        

17 Comments
  1. - southsider - Tuesday, May 26, 20 @ 10:18 am:

    The fact the democrats didn’t move this and JCAR forced the administration to withdraw the rule is all you need to know. They don’t agree with this type of enforcement.


  2. - Just Me 2 - Tuesday, May 26, 20 @ 10:20 am:

    Legislators disappoint me all the time with their unwillingness to make difficult decisions, but they really dropped the ball on this one big time. They don’t want to be a part of leading on this issue at all, they just want J.B. to handle the mess and allow them to complain about his handling afterwards.


  3. - Perrid - Tuesday, May 26, 20 @ 10:20 am:

    Re introduce the emergency rule and see what JCAR does. I’m also feeling pretty fiery, so if we can’t get the cops a less drastic option, bring the hammer down on these people. Close’em down.


  4. - Responsa - Tuesday, May 26, 20 @ 10:23 am:

    I think the legislature made the right call here by not making a call. The ISP fairly raised the issue to protect themselves and now they have an answer.


  5. - iggy - Tuesday, May 26, 20 @ 10:24 am:

    people are struggling, and you want to kick more dirt in their face? cut it out, take the L and move on. the Governor needs to accept that the majority of businesses will adhere to his strict schedule, but a few will go rogue because they need to feed their families… gasp


  6. - Oswego Willy - Tuesday, May 26, 20 @ 10:28 am:

    1) take away their state licenses.

    2) no way allow immunity from being sued by infected customers.

    Pretty easy to see, check their social media.

    No tickets, just take away their license for a year.

    Heck, it’s like they self report.


  7. - Howard - Tuesday, May 26, 20 @ 10:30 am:

    I wonder the status of dram shop insurance for the establishments that chose to ignore the order, If something happens and there is a claim will they refuse to pay because operation was in violation of EO. I would also be curious if poker machine license will be renewed. I am sure there is language concerns applicants moral character.


  8. - RNUG - Tuesday, May 26, 20 @ 10:43 am:

    I wonder if the GA’s failure to act had to do with the fact that things will be partially reopening in a week?

    Or was it because they could be looking at yet another potentially valid reason to sue the State under the Takings act had they passed something like the withdrawn rule?


  9. - Shemp - Tuesday, May 26, 20 @ 10:48 am:

    Carroll County has no active cases. The County Board and the communities in it purposefully turned a blind eye to businesses reopening. They are also adjacent to a more open Iowa. You can’t make these one size fits all orders and expect the masses to comply. People will continue to rebel against unfair policies. Either get more pragmatic or accept people are going to act more pragmatically (or even recklessly) on their own. Maybe if the State was less inept and bureaucratic when it came to unemployment and small business loans, people wouldn’t feel so pressured to reopen to save their livelihoods….


  10. - Candy Dogood - Tuesday, May 26, 20 @ 11:36 am:

    I agree with OW.

    The business owners were aware of the risks and chose to engage in this behavior. The decision by their local government officials and local law enforcement to turn a blind eye should not free them from consequence.

    Or we can wait and see what happens if we do nothing, but depending on how that goes for us it will literally make what we’ve done for the last two and a half months meaningless.


  11. - Candy Dogood - Tuesday, May 26, 20 @ 11:46 am:

    ===Carroll County has no active cases===

    The IDPH’s data says there’s been 216 tests, 13 positive, and 2 deaths. What’s your source on the “no active cases” and what’s the amount of confidence you have in saying there are “no active cases” after only 216 of some 14,000 people have been tested?

    Worried about folks heading over to that party town of Sabula, Iowa?


  12. - fs - Tuesday, May 26, 20 @ 12:23 pm:

    Had they put this rule in place two months ago, it would’ve gotten a better reception. Doing it now, at a point when impatience is building, and you want to temper the fire by starting to open up, was just a stupid move. It may sound like a great idea in your mind, and on paper, but read the room. It was unnecessarily throwing gas on a fire you were trying to put out.


  13. - northsider (the original) - Tuesday, May 26, 20 @ 12:37 pm:

    Pull the licenses. That will trigger a cascade of insurance declinations. If a business wants to take the risk, let them bear the full weight of the risk. Alternatively, the Director of Insurance could probably issue a directive that intentional violations of the EO are not coverable acts because they are against public policy.


  14. - Shemp - Tuesday, May 26, 20 @ 12:37 pm:

    https://www.shawmediaillinois.com/2020/05/22/carroll-county-free-of-active-covid-19-cases-once-more/aq4wbll/


  15. - Candy Dogood - Tuesday, May 26, 20 @ 1:01 pm:

    Shemp,

    Please read the whole article.

    ===Days with no active cases reported are uplifting, but the end likely hasn’t happened yet, Deputy County Health Administrator Dawn Holland said.

    “We’re very pleased, but it could change at any time,” she said.===


  16. - soccertease - Tuesday, May 26, 20 @ 8:39 pm:

    ===Or we can wait and see what happens if we do nothing, but depending on how that goes for us it will literally make what we’ve done for the last two and a half months meaningless.===

    Data from states who have reopened shows that the stay at home for the last 2-1/2 months was meaninglessl


  17. - MaryLouise - Wednesday, May 27, 20 @ 12:42 pm:

    If the SP was forced to issue Misdemeanors to violators of Stay Home Orders, then they would have to issue misdemeanors to people who take purses from charities.


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