* Greg Bishop at the Center Square…
Gov. J.B. Pritzker’s executive order to close businesses across the state amid the COVID-19 pandemic could cost taxpayers billions of dollars in damages, according to an attorney challenging the governor’s orders.
Attorney Thomas DeVore represents dozens of people and business owners across Illinois challenging the governor’s authority to close parts of the economy to reduce the spread of COVID-19. DeVore said those cases are still alive and important.
Despite some reports that a judge in Madison County threw out a case brought forward by a business group, DeVore said what actually happened was the court denied the group a temporary restraining order. He said that was not a ruling on the merits of the case.
“There’s not been one case yet [to] take on the real underlying factual issues, putting on some testimony,” DeVore said. “I’d love nothing more to get the governor on the stand and ask his some questions … Whether we get to that or whether summary judgment is how this gets resolved I don’t know yet, but we’ll see. We’ve got to get some answers.”
He said since the legislature has failed to provide clarity on the issue, the courts must act.
“They’re very important, but ultimately the people know and I believe in my heart that the people, regardless of what court cases are going say, they already know that this was wrong,” he said. “They already know that this went too far.”
DeVore said despite the pandemic, the overarching issue is due process.
“You can’t strip property rights and liberty rights away from people without due process under any circumstance,” he said.
DeVore said he’s considering additional legal options, including a possible challenge to the state’s decision to cancel the annual state fairs and a challenge to restrictions for school districts.
Pritzker has said the cases challenging his authority were examples of political grandstanding and has defended his actions as being not only lawful, but based on science and data.
Outside of the existing challenges, DeVore expects there to be thousands of other cases brought forward demanding damages be paid.
“That in and of itself should be a deterrent in the future, saying ‘wait a second, we’re going to start shutting down businesses, we need to keep in mind we’re going to have to write a big check for that,’ yeah, that’s coming and it’s coming soon,” DeVore said. “I’m working on that.”
DeVore said it was possible those costs will be borne by taxpayers.
“Hopefully that means the taxpayers will remember next time an executive officer tries to do something like this they say ‘uh-huh, we’re not playing that game,’ ” DeVore said.
A takings lawsuit filed against Michigan’s governor was called a ‘very steep uphill battle’ by Michael McDaniel, a Western Michigan University Cooley Law School professor. He told WOOD TV under “normal circumstance,” there might be a case. “But the problem he has here… is these are not normal times,” he told the TV station.
* Meanwhile…
Illinois Right to Life Committee sued Gov. J.B. Pritzker (D) in federal court over an emergency Covid-19 order that prohibits most gatherings of more than 10 people.
Executive Order 2020-38 unconstitutionally infringes IRL’s free speech rights, the group told the U.S. District Court for the Northern District of Illinois Tuesday.
IRL is a nonprofit organization that works to make abortion “unthinkable” and to turn Illinois into an anti-abortion state, according to its website. It is an “expressive association,” according to the complaint.
Education is one part of its approach, IRL says. But it hasn’t been able to participate in training sessions, rallies, educational panels, or speaking engagements since April due to the ban on group gatherings, the complaint says.
The order also has made it impossible for IRL to hold fundraising events that pay for its pro-life activities and charitable work, the group says. It also has become more difficult to spread its message throughout the state, IRL says. An internet-based approach isn’t sufficient, because “human-to-human interactions are the best way to compassionately share” IRL’s views, it added.
IRL also alleged that the state is enforcing the ban selectively. For example, the order doesn’t apply to religious organizations, and the state recently declined to insist on compliance by people gathered to protest police brutality, the complaint says.
Discuss.
- Oswego Willy - Wednesday, Jun 24, 20 @ 10:13 am:
Meh.
Complaining and taking that to the frivolous with lawsuits during a once in a century global pandemic only solidifies where the ignorant are and those trying to stop the spread need to push back.
It’s like the foolish not wearing masks.
There’s no politics to it, except to those so blind to “freedom” that infecting another is an acceptable outcome.
They are called Covidiots.
=== Outside of the existing challenges, DeVore expects there to be thousands of other cases brought forward demanding damages be paid.
“That in and of itself should be a deterrent in the future, saying ‘wait a second, we’re going to start shutting down businesses, we need to keep in mind we’re going to have to write a big check for that,’ yeah, that’s coming and it’s coming soon,” DeVore said. “I’m working on that.”
DeVore said it was possible those costs will be borne by taxpayers.===
When you read this… I asked myself… is stopping the spread and saving lives less important, because you can’t un-die… and even POTUS had… wait for it… waivers… to attend a rally.
Normal times wouldn’t have anyone, let alone a POTUS have waivers being necessary for liability.
Maybe Mr. DeVore should go make more waivers for these businesses?
- Dance Band on the Titanic - Wednesday, Jun 24, 20 @ 10:14 am:
Guess they would prefer we be more like Texas with 5,500 new cases yesterday alone. Oh, and the Texas economy is now constricting again.
“From day one of this crisis, Abbott has undermined, hid and outright refused to listen to science or doctors. We’re seeing the catastrophic results of his failures.”
https://www.msn.com/en-us/news/us/texas-hits-all-time-high-for-covid-19-cases-governor-urges-residents-to-stay-home/ar-BB15TgN7?li=BBnb7Kz
- NotRich - Wednesday, Jun 24, 20 @ 10:15 am:
wrong messenger, but probably the right message.. The Legislature took a pass on affirming the Gov’s right to do the E O’s.. I guess we really do need the courts to actually rule on how far the Gov can impose these orders.. clarity in “non normal” times would be a good thing
- Shytown - Wednesday, Jun 24, 20 @ 10:15 am:
It’s hard to believe these folks are for real sometimes. These guys would file a suit against the virus itself if the courts allowed it.
- Covidiot - Wednesday, Jun 24, 20 @ 10:15 am:
Every public opinion poll has shown a large majority support JB’s efforts to combat this. Arizona, Texas, Florida, Georgia are showing why JB was right to do what he did. I don’t know if the person in question is doing this out of ideological belief, financial benefit, or both but frankly it doesn’t matter. The present and the future are going to look more favorably on JB’s actions then Mr. DeVore’s.
- Jibba - Wednesday, Jun 24, 20 @ 10:16 am:
My heart fills with joy watching people spend their time and energy making Illinois a better place for us all. /s
- Candy Dogood - Wednesday, Jun 24, 20 @ 10:17 am:
It’s embarrassing that this lawsuit exists.
It’d be embarrassing if this lawsuit wins.
What kind of attorney goes, “I want my legacy to be the next Scopes Monkey Trial!”
- Oswego Willy - Wednesday, Jun 24, 20 @ 10:17 am:
=== I guess we really do need the courts to actually rule on how far the Gov can impose these orders===
lol
“Judicial activism and legislating from the bench in needed”
… judicial activism is fine… if they rule as I see?
- Grandson of Man - Wednesday, Jun 24, 20 @ 10:19 am:
“Gov. J.B. Pritzker’s executive order to close businesses across the state amid the COVID-19 pandemic could cost taxpayers billions of dollars in damages“
Has anyone seen what’s going on in states like Texas and Arizona? Texas had a record 5,000+ new cases yesterday. Trump was in Arizona, holding a dangerous indoor rally on a day Arizona set a record of new infections. Hospitalizations reportedly surged.
What a losing message in Illinois: Keep the state open and let the virus wreak havoc. What kind of business will we have then, when we put money over people?
- illinifan - Wednesday, Jun 24, 20 @ 10:20 am:
so let’s go ahead and see how many people you can kill so you can raise money to save lives?????? Pro-life, I don’t think so.
- Excitable Boy - Wednesday, Jun 24, 20 @ 10:22 am:
- Illinois Right to Life Committee sued Gov. J.B. Pritzker (D) in federal court over an emergency Covid-19 order that prohibits most gatherings of more than 10 people. -
A self-own that only the truly unaware could pull off.
- City Guy - Wednesday, Jun 24, 20 @ 10:25 am:
DeVore needs to play out the options. If the Governor doesn’t take action, one result is we have large increases in illness and death. The second result is without official closings, businesses and restaurants can’t successfully operate because everyone is afraid to go out. But instead of having one unified approach that lasts 3 months, we end up with rolling waves of infection and business closures that last year(s). How much money will businesses lose with the impact lasting a year or more instead of 3 months? And unfortunately, we are heading that way quickly due to covidiots and certain politicians.
- Siualum - Wednesday, Jun 24, 20 @ 10:25 am:
And what’s the lawyer’s fee for the state having to write that “big check”? 50%?
- Proud Sucker - Wednesday, Jun 24, 20 @ 10:32 am:
Engineer not lawyer here so just asking, since the GA chose to not take any action relative to the EOs, would a court interpret that to mean the GA felt that the EOs were in accordance with the laws the GA passed?
- Rich Miller - Wednesday, Jun 24, 20 @ 10:38 am:
===The Legislature took a pass==
Because they decided nothing needed to be done.
- efudd - Wednesday, Jun 24, 20 @ 10:50 am:
Couple weeks, maybe less, Florida, Texas, and Arizona will be re-issuing stay at homes.
AZ’s gov is already getting calls from local officials to do so.
Get Pritzker on the stand then, tough guy.
- Just Wondering - Wednesday, Jun 24, 20 @ 11:11 am:
Just wondering if Governor Pritzker had chosen to not closed down the State and our number of cases and deaths skyrocketed. Would Mr. DeVore be suing the Governor on behalf of the families of those that died cause he didn’t do enough? As I watch what’s happening in Texas, Florida, and Arizona over the last few days. I’m thankful Governor Pritzker kept a clear head and listened to the Doctors and Scientists.
- 17% Solution - Wednesday, Jun 24, 20 @ 11:43 am:
== An internet-based approach isn’t sufficient, because “human-to-human interactions are the best way to compassionately share Covid -19.” IRL’s views, it added.
Fixed it for you, Illinois Right to Life.
- All this - Wednesday, Jun 24, 20 @ 11:47 am:
== IRL also alleged that the state is enforcing the ban selectively.==
I thought the state wasn’t enforcing anyone, they were letting local governments do that.
- Froganon - Wednesday, Jun 24, 20 @ 12:01 pm:
Countries (Sweden) that didn’t close down had similar economic contractions to countries that did. States that opened early (Georgia) didn’t rebound economically. States opening up are seeing major virus growth. His economic argument doesn’t hold…but that’s not really the point. He’s cleaning up on fees. Vintage age pro-life fundraising.
- Professor - Wednesday, Jun 24, 20 @ 12:32 pm:
It’s depressing just to realize there are fellow ‘citizens’ as these Covidiots
- Lynn S. - Wednesday, Jun 24, 20 @ 1:10 pm:
I’m just a girl, so maybe I’m missing something,
but if I needed to “share my compassionate pro-life views”, wouldn’t I be better off targeting 8-9 people whom I felt fairly confident would pony up $500-1000 each, rather than 100 who might only give $20-50 each (on average)?
Otherwise, I’m left with the cynical suspicion that the lawsuit is about creating some publicity, and a way to create a new method of picking their donors’ pockets.
- Stuff Happens - Wednesday, Jun 24, 20 @ 1:37 pm:
I’d like to see this stuff resolved so we have some guidance if we see an uptick or when a new emergency comes along.
That said, it’s probably better to drag it out as long as possible, because if we do need it this fall at least we’ll still have a little science-based time if it’s struck down.
- Demoralized - Wednesday, Jun 24, 20 @ 2:29 pm:
A right to life organizaition demanding to be able to act irresponsibly and subject people to the dangers of acquiring a potentially deadly virus. I guess they are only right to life in certain circumstances.
- IllinoisBoi - Wednesday, Jun 24, 20 @ 5:00 pm:
The unborn have a right to life. The born, not so much.