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*** UPDATED x1 *** State swats down one lawsuit as two more are filed

Tuesday, Jul 14, 2020

* From a couple of weeks ago

A pro-life group in Illinois is suing the governor over their right to assemble during COVID-19 restrictions.

Illinois ‘Right to Life’ claims it followed the stay-at-home mandate but says Gov. J.B. Pritzker has unconstitutionally allowed certain groups to disregard the state’s limits on the number of people who can gather together while holding other groups to a different standard.

The lawsuit seeks a temporary restraining order allowing the organization to gather in groups of more than 50 people.

* A federal judge ruled against the group yesterday

The Court held a hearing on the plaintiff’s motion on July 13, 2020. At the hearing, the plaintiff’s counsel confirmed that the arguments advanced by IRLC are substantively identical to the arguments advanced by the Illinois Republican Party in Illinois Republican Party v. Pritzker, Case No 20 CV 3489 (N.D. Ill.). In that case, Judge Sara Ellis issued a thorough and persuasive opinion denying the plaintiff’s motion for preliminary injunctive relief.

Judge Ellis denied IRP’s expedited motion for an injunction pending appeal and the plaintiff then filed an emergency motion before the Seventh Circuit seeking injunctive relief pending appeal of Judge Ellis’s order. The Seventh Circuit denied the motion for injunctive relief pending appeal, holding that the plaintiff-appellant IRP was unlikely to succeed on the merits and that the balance of harms “strongly favors the governor.”

* But the lawsuits keep coming. WTVO

Illinois Gov. JB Pritzker is facing a legal challenge from bowling alley owners, suing over COVID-19 capacity restrictions at their facilities.

The Illinois State Bowling Proprietors Association filed the lawsuit in Lee County on Tuesday. The suit asks the state court to invalidate Prtizker’s “unconstitutional and improper” exercise of authority to issue consecutive emergency declarations and restrict the number of people allowed in a bowling alley.

“Our members are suffering serious and irreparable harm in the form of insolvency or the permanent loss of their business and reputation as a result of these illegal orders,” ISBPA executive Director R. William Duff said. “While we tried to work cooperatively to find a solution, the state was unwilling to work toward a fair solution, so we were left with no choice but to seek a court order. We believe that we have both the facts and law on our side, and we look forward to presenting our case to the court.”

Under Phase 4 of the governor’s plan to slow the spread of coronavirus, bowling alleys are among the businesses restricted to allow a maximum of 50 people inside at any given time.

* And

A southern Illinois lawyer who has tangled with Gov. J.B. Pritzker’s administration over pandemic-related shutdown measures is suing the Illinois High School Association, claiming the group exceeded its authority by placing new limits on sports participation.

Thomas DeVore, who practices in the St. Louis area, sued on behalf of his two children, athletes who will be seniors in Hillsboro Community School District No. 3. He claims they will be irreparably harmed by participation rules the IHSA introduced this month.

The organization announced July 3 that athletes could return to summer practice and competition if schools followed a detailed plan of social distancing and sanitizing. But less than a week later, it announced drastic changes it said the Pritzker administration had required, including an end to scrimmages in basketball, football, lacrosse, soccer, volleyball, water polo and wrestling.

The lawsuit claims that change came after a COVID-19 outbreak at Lake Zurich High School. According to a July 7 email included in the filing, the school saw positive tests among 10 students who participated in Lake Zurich sports camps, along with one parent who was hospitalized.

…Adding… Forgot to include this

The Naperville Park District spent at least $24,499 to sue Gov. J.B. Pritzker in May for authority to reopen park facilities and restart programs on its own schedule, rather than the state’s, amid the coronavirus pandemic. […]

After losing the first round in court and with some park facilities being reopened under the governor’s plan, the board voted 4-3 a month later to drop the lawsuit.

*** UPDATE *** I also forgot to include this one

A hearing Friday in a lawsuit state Rep. Darren Bailey filed to challenge Gov. J.B. Pritzker’s executive orders could lead to a full-blown appeal.

Clay County Judge Michael McHaney sided with Bailey, R-Xenia, on two counts regarding the governor’s orders just before the Independence Day Holiday weekend. The judge ruled July 2 that any COVID-19 executive order beyond April 8 is invalid. McHaney didn’t rule on the first count, which deals with the definition of an emergency and if the COVID-19 meets that definition. […]

A circuit court hearing to bring finality to the case is scheduled for July 17. It’s then expected to be filed to the appellate court.

- Posted by Rich Miller        

  1. - Roadrager - Tuesday, Jul 14, 20 @ 9:55 am:

    Can’t wait to read the ruling invoking our Constitutionally-protected right to high school water polo.

  2. - OneMan - Tuesday, Jul 14, 20 @ 10:03 am:

    With the IHSA lawsuit, it is out of season practice so I would argue that participation requires the student or parent spend money to participate so it isn’t a requirement to participate. Not sure a ‘right to participate’ exists, you might be able to make that argument in August once in season starts, but out of season practice is optional.
    Also the IHSA takes other health/safety actions and has other health and safety standards.

  3. - Oswego Willy - Tuesday, Jul 14, 20 @ 10:08 am:

    As bowling as a business is being discussed, the safety of sports…

    Last week would’ve been the last week of Wimbledon, which never occurred, and this week would’ve been The Open (golf) Championship. The Chicago Marathon is canceled, it was scheduled for… October… it’s July.

    Be it IHSA, bowling alleys, sports at all levels, including my beloved baseball, and my staple of golf… how can any sports at any level of true competition compete with a deadly global virus going on… lawsuits notwithstanding?

  4. - The Way I See It - Tuesday, Jul 14, 20 @ 10:08 am:

    The term “irreparable harm” is especially irony-filled here.

  5. - Lucky Pierre - Tuesday, Jul 14, 20 @ 10:18 am:

    Have you golfed at all since March OW? Any reports of mass outbreaks at golf courses after all of the fear mongering?

    Outdoor activities are safer than being inside as long as you take precautions.

    Phase 4 resumed kids baseball. Heard of any issues? Me neither.

  6. - The Edge - Tuesday, Jul 14, 20 @ 10:18 am:

    At some point soon the Clay County case needs to be heard at the appellant level, and quickly ruled on by the Supremes to validate the consecutive EO authority of the Gov. These cases are emboldening the Science deniers and will continue to do so until they are settled at the appellate level or Supreme Court.

  7. - Oswego Willy - Tuesday, Jul 14, 20 @ 10:19 am:

    === “Our members are suffering serious and irreparable harm in the form of insolvency or the permanent loss of their business and reputation as a result of these illegal orders,”===

    Will they be requiring signed waivers? Can you imagine a whole bowling team being infected or worse?

    That’s “irreparable harm” to more than a business.

  8. - Watcher of the Skies - Tuesday, Jul 14, 20 @ 10:20 am:

    Part of the deluge is of course because there is no resolution to the Clay County/Bailey circus. That is of course by design. Tons of people believe it applies to the whole state, that they don’t have to listen to the governor, even though there is no statewide injunction. The grandstanding judge has dragged it out as long as possible to delay the inevitable slap down from the appellate court. It’s by design.

  9. - efudd - Tuesday, Jul 14, 20 @ 10:20 am:

    I guess some people truly only get their “news” from Fox and Facebook.

  10. - frisbee - Tuesday, Jul 14, 20 @ 10:27 am:

    Naperville Park District couldn’t find a better use of $25K? If I paid taxes to that Park District I would be furious, what a waste of money.

  11. - zatoichi - Tuesday, Jul 14, 20 @ 10:27 am:

    Post prom party in Mahomet, 43 people in Michigan get infected at a party, 30 year old man in Texas says ‘I think I made a mistake’ before dying from COVID caught at a party. All close contact group events. How is any team sport different? Sue all you want for your right to play. It is meaningless to the virus until it is controlled.

  12. - All this - Tuesday, Jul 14, 20 @ 10:27 am:

    We should name the next tax increase after DeVore.

  13. - Retired still in Illinois - Tuesday, Jul 14, 20 @ 10:28 am:

    Now he drags his kids into his crusade against the governor. I hope dog parks in Hillsboro aren’t closed due to Covid, Scruffy v Pritzker may be next. Isn’t there an old saying about an attorney representing himself? s/
    Seriously, when or can the government ask for sanctions against him?

    More seriously, the IHSA has a pretty good record in court and judges, absent a homer judge (sports reference), are not blind to the realty of a pandemic.

  14. - Fly like an eagle - Tuesday, Jul 14, 20 @ 10:38 am:

    Aww to bad for Illinois Right to Kill Grandma.

  15. - The Dude - Tuesday, Jul 14, 20 @ 10:39 am:

    Devore should be the new word meaning when someone keeps making the problem persist longer and longer.

    We can get over this if people would actually be disciplined and smart. Too bad there’s too many Devores out there to wreck this for everyone else.

    Anyway if your glad the pandemic is still going and not blaming the devore mindset you are part of the issue

  16. - efudd - Tuesday, Jul 14, 20 @ 10:39 am:

    Wonder what will end high school fall sports first?
    Schools opening then closing sporadically, or Moms simply telling their children You’re not playing.

  17. - Anotherretiree - Tuesday, Jul 14, 20 @ 10:43 am:

    ==The Edge… Clay County case== Good timing on the Clay County case being heard, since the virus just returned there after a long absence. Good time to have press from all over coming down.

  18. - IL4Life - Tuesday, Jul 14, 20 @ 10:44 am:

    How many people are really champing at the bit to go bowling indoors with particles circulating through the air conditioning right now?

    I’d also guess that the typical bowling alley has 32 lanes. With physical distancing, best to have every other lane open. Even with a skeleton crew of employees, that’s should average out to about 3 people per lane, every other lane. That doesn’t seem unreasonable during a global pandemic.

  19. - Highland,Il - Tuesday, Jul 14, 20 @ 10:45 am:

    I think it’s telling the only Devore seems to be involved in these suits. No other lawyers seem be jumping on this bandwagon.

  20. - DuPage Saint - Tuesday, Jul 14, 20 @ 10:49 am:

    I don’t bowl nor do I plan too but limited to 50 people makes no sense. I would think size of place should count. If you have 32 lanes maybe 50 too many. If a large place with over 80 lanes 59 seems to little

  21. - Chatham Resident - Tuesday, Jul 14, 20 @ 10:51 am:

    I would just already pull the plug and cancel all levels of sports for at least the Fall and Winter seasons (IESA, IHSA, college, pros). Maybe even into next spring and maybe all of 2021. This includes the attempt to restart NBA and NHL, and the delayed MLB start.

  22. - Nick Name - Tuesday, Jul 14, 20 @ 10:52 am:

    So glad Illinois Right to Life has time and money for this nonsense rather than helping women in crisis pregnancies. Sheesh.

  23. - efudd - Tuesday, Jul 14, 20 @ 10:52 am:

    Quit bowling when I quit drinking. One, without the other, gets boring fast.

  24. - Retired still in Illinois - Tuesday, Jul 14, 20 @ 10:53 am:

    In light of the story Rich just posted about school openings, can schools sports even occur if schools are not open completely? I officiate Highschool football and my crew mates and I figure about 25% chance of playing this Fall. Holding out hope, today I ordered an electronic whistle since I may be required to wear a mask on the field, if we play.

  25. - Hard D - Tuesday, Jul 14, 20 @ 11:31 am:

    Even though Naperville dropped its case Orland Park is still fighting the Governor in court. Its a class action with two private parties joining in yet the village is using TAX PAYERS money filing the suit. Also Pekau has told all businesses to ignore the Governors orders and do whatever you want in regards to social distancing.

  26. - Arock - Tuesday, Jul 14, 20 @ 11:43 am:

    You can lawfully protest for BLM with groups larger than 50 but can not protest the killing of unborn children in the womb. In case you missed it human life begins at conception a scientific fact. So human lives are being ended through abortion. So “Fly like an Eagle” abortion gives the right to kill a future grandma or grandpa. And BLM protests have the same percentage chance of killing grandma as right to life groups do by assembling so are you for banning BLM to under 50 as well?

  27. - Candy Dogood - Tuesday, Jul 14, 20 @ 11:49 am:

    ===Phase 4 resumed kids baseball. Heard of any issues? Me neither. ===

    We’ve been in phase 4 for about three weeks and in my experience the end of phase 3 involved lax observations of the phase 3 restrictions. I would refrain from so confidently tempting such fates when we have not had time enough for such a possible tragedy to present itself.

    Sing whatever songs of denial ye must, but look to Florida for the results of your chorus of ignorant hubris.

  28. - Oswego Willy - Tuesday, Jul 14, 20 @ 11:52 am:

    - Arock -

    Are you pro-life?

    Are you for opening the state, even though it will cause illness and possibly death?

    Do you feel masks should be mandatory?

    I can’t see anyone being pro-life AND be for a reopening and against a mask… and that reconciling.

  29. - Not a Billionaire - Tuesday, Jul 14, 20 @ 12:00 pm:

    DeVore has a suit in Quincy . Woman want to send maskless kid to school …..Big spike in Adams county.

  30. - OneMan - Tuesday, Jul 14, 20 @ 12:10 pm:

    Retired In Illinois, that’s about the odds the crew I am on is putting on playing as well.
    Think if by some fluke we play, it’s gonna be different (like 11 on 11 of) with non immediate subs being kept further away.

  31. - the Patriot - Tuesday, Jul 14, 20 @ 12:23 pm:

    The Governor has exceeded his authority. Madigan can call a session and make the EOs statute or expand Executive authority. He obviously does not believe this is that urgent of an issue. Pritzker could call a session and demand the same. He has elected to bypass the law.

    We have mechanisms where the Governor could legally do all that he is doing, especially in a one party state. The fact is Pritzker lacks the leadership skill to get the even the members of his own party onboard with what he is doing. Otherwise we would not be having this discussion.

  32. - Springfield Transplant - Tuesday, Jul 14, 20 @ 12:26 pm:

    I know many readers of this blog do not view bowling as a sport at the same level as other sports such as golf. However, bowling is a highly competitive high school and collegiate sport and very important to many student athletes. Additionally, there are many tournaments throughout Illinois that attracts bowlers from other areas which helps provide economic dollars to the local economy. The reason why I bring this up is not because I’m a covidiot but because I want to provide a little background for a sport that I know that many readers of this blog are not familiar with. It is hard for me to understand why a bowling alley should have stricter capacity limits than a gym. One can argue weather gyms should be open and that is a valid discussion as we see numbers of cases slightly rise. However, I believe that is difficult to argue that gyms are safer than a bowling alleys. They should be treated as equal businesses. I believe that if the guidelines allowed for 50% capacity for all bowling alleys, this lawsuit would go away.

  33. - efudd - Tuesday, Jul 14, 20 @ 12:27 pm:

    the Patriot-

    Still beating that dead horse?

    For the sake of dignity, man, let it go.

    Covid is making that pathetic argument moot.

  34. - Oswego Willy - Tuesday, Jul 14, 20 @ 12:30 pm:


    I stopped reading after that.

    Get 60 in the House. You can’t. The ILGOP can’t. Even Rauner’s millions couldn’t get 60.

    The “Madigan” thinkers? Mike Madigan is at his strongest… ever… as Speaker.

    Do better.

  35. - Froganon - Tuesday, Jul 14, 20 @ 12:37 pm:

    The “Pro-life” electorate opposes access to contraception (Hobby Lobby et al), opposes universal health care access for families (Republican opposition to Medicare for All and Planned Parenthood clinics delivering health care), defunds public education and food stamps, opposes subsidized child care as well as most other programs that make it possible to raise children. They are all in on punishing women who want/need/get contraception, health care and abortions. Hypocrisy with a large side of cruelty is their real agenda.

  36. - Candy Dogood - Tuesday, Jul 14, 20 @ 12:40 pm:

    ===and that reconciling.===

    That’s the giving them too much credit, OW. It’s not supposed to reconcile.

  37. - Thomas Paine - Tuesday, Jul 14, 20 @ 12:41 pm:

    === Outdoor activities are safer than being inside as long as you take precautions ===

    Now do “crowds of spectators”.

    === Phase 4 resumed kid’s baseball. ===

    Two weeks ago? That is not how testing works.

  38. - Candy Dogood - Tuesday, Jul 14, 20 @ 12:49 pm:

    ===a large side of cruelty is their real agenda. ===

    As a pro-tip, that’s not the real agenda. They’re not one dimensional cartoon villains. Don’t under estimate them. Don’t let them distract you with their absurdity. Don’t become convinced that Trump is their undoing — they’ve scored hundreds of victories during his administration that will plague our nation for decades to come and even majorities in the house, senate, and the presidency won’t undo the harm they’ve achieved as they take another big step forward in a long game with forces they can readily afford to finance and judges they bought, fostered, and created before they were ever put on the bench.

    In January if they lose, they will regroup, they will astroturf a grassroots opposition, and they will pretend that none of this ever happened and they were not a party to it and they will keep their 37% at a minimum.

    Cruelty isn’t a goal. It’s a distraction.

  39. - the Patriot - Tuesday, Jul 14, 20 @ 1:03 pm:

    ==Do better.==

    Before June 1 he needed a simple majority. After that, he needs to call a session and lay it out.

    We have legal mechanisms and just because the Governor can’t pass a bill does not mean he gets to bypass them. Thus your concession JB can’t pass a bill means it is by definition in IL, not an emergency to justify depriving people of their rights.

  40. - Oswego Willy - Tuesday, Jul 14, 20 @ 1:08 pm:

    === Governor can’t pass a bill===

    No, lol, that was Rauner. Keep up.

    What bill do you want passed? This is a straw man. There’s nothing to pass.

    === Thus your concession JB can’t pass a bill===

    What does that even mean? The EOs aren’t being challenged by 60 or 71 in the House, or 30 or 39 in the Senate.

    Are you advocating legislating by judges? According to the GA… “they’re good”

  41. - 17% Solution - Tuesday, Jul 14, 20 @ 1:09 pm:

    New bumper sticker for IRLC, “Who would Jesus Infect?”

  42. - Pundent - Tuesday, Jul 14, 20 @ 1:11 pm:

    =JB can’t pass a bill means it is by definition in IL, not an emergency to justify depriving people of their rights.=

    Doesn’t seem like JB or the legislature see a compelling need to draft the bill you’re looking for. And other that one wacky judge in Clay county, it doesn’t appear that the state and federal courts are looking for one.

  43. - Lucky Pierre - Tuesday, Jul 14, 20 @ 1:13 pm:

    Legislating by Judges is actually called Judicial oversight.

    It is constitutional to review whether a 30 day executive order can be extended for 120 days or longer

  44. - Lucky Pierre - Tuesday, Jul 14, 20 @ 1:14 pm:

    Motto for General Assembly-

    See you in November folks, we will let JB sort it out

  45. - Fixer - Tuesday, Jul 14, 20 @ 1:45 pm:

    Patriot, I wonder why Bailey et al didn’t bother to introduce a bill to that effect during the session and advocate for it. Couldn’t be because he was too busy with his stunt of a lawsuit and preening for a possible future statewide run, could it?

  46. - Still Waiting - Tuesday, Jul 14, 20 @ 1:53 pm:

    Cases are jumping quickly in the bloc. Some are tied to high school sports practices.

  47. - Froganon - Tuesday, Jul 14, 20 @ 1:56 pm:

    -@17% Solution- yes to your bumper sticker lol

    Agreed Candy Dogwood, the “pro-life ” community is truly Trumpian.

  48. - Demoralized - Tuesday, Jul 14, 20 @ 2:02 pm:

    == not an emergency to justify depriving people of their rights==

    Really? So what in the world would say is the kind of emergency justifying emergency actions? Or are you of the Devore wing of mental giants who thinks that the Constitution does not allow the government to respond to an emergency in any way, shape or form.

    You are part of the problem in your thinking and are why the country is seeing an explosion in the growth of infections.

  49. - Oswego Willy - Tuesday, Jul 14, 20 @ 2:06 pm:

    ===That’s the giving them too much credit===

    Sometimes it’s fun smelling the wheels grind in some’s minds.

    It’s not fun that we need to have discussions based on value shaming that runs counter to the value they want held precious.

  50. - Rich Miller - Tuesday, Jul 14, 20 @ 2:08 pm:

    ===It is constitutional to review===

    Review is one thing, but judges in this state must presume the law is valid to start with. Think that happened in Clay County? Nope.

  51. - GregN - Tuesday, Jul 14, 20 @ 2:36 pm:

    RE IRLC/Arock:

    Thank god the 132,000 American dead weren’t embryos!
    You would’ve been outraged!

  52. - Liandro - Tuesday, Jul 14, 20 @ 2:55 pm:

    “must presume the law is valid to start with”

    Haven’t been on here for awhile, so forgive me if this has been hashed out already…which law? There are opinions from the state and federal attorney general offices questioning the governor’s ability to do anything over 30 days; the GA could solve that question easily in session.

    Which brings me back to my question: what law is the judge supposed to presume is valid? The one that states 30 days, without addressing extensions, or some other one I’m missing?

    And follow up question: why won’t/didn’t the governor ask the GA to clean up the language in session? I see a lot of talk about “wasting taxpayers money” on the comments here, but a the Governor and Dem leaders combined presumably had enough votes pass a clarification expanding his emergency powers during an epidemic, no? A large chunk of the legal question solved w/o taxpayer lawsuits. As a local leader, that level of clarity would have been good to have when talking to constituents. Especially when those constituents point to all the law officers who refuse to enforce based on legality.

  53. - Fly like an eagle - Tuesday, Jul 14, 20 @ 3:00 pm:

    @Arock, I never said I was pro abortion so what’s with the lecture?
    I said that Illinois Right to Life was endangering grandma. That is exactly what they are doing if they succeed in gathering in groups of more than fifty people.

  54. - Anon221 - Tuesday, Jul 14, 20 @ 3:00 pm:

    These are the “cases” DeVore won’t waste his time on, evidently. But, I wonder if his greed for the spotlight and money would override his zealousness if he had the chance to represent someone who contracted COVID-19 at a school or sports venue. Should we start a pool???

    “July 12, 2020 -Clay County Reports a Total of Eight Positive COVID Cases
    Flora, IL - Clay County Health Department received notice yesterday morning of three new positive cases of Coronavirus Disease (COVID-19) and received news of three more cases in the afternoon – bringing Clay County to eight total cases thus far. The afternoon cases include a male and a female in their 40’s and a child. All six cases, those identified in the morning and those in the afternoon, were in contact with COVID positive patients and are at home in isolation.”

  55. - Huh? - Tuesday, Jul 14, 20 @ 3:03 pm:

    Speaking of golf- OW have you ever played the Bourne Golf Course, off of IL 71, south of Norway? If not, consider it. It’s a great golf course that is off the beaten path. Bring a dozen extra balls. The rough used to be waist high.

  56. - Oswego Willy - Tuesday, Jul 14, 20 @ 3:07 pm:

    ===…have you ever played the Bourne Golf Course, off of IL 71, south of Norway?===

    I have. About a half-dozen times, love that drive on 71, there’s a gas station in Norway on 71 that’s a hoot as well.

    === Bring a dozen extra balls. The rough used to be waist high.===

    I’ll keep that in mind.


    Be well, you and yours.

  57. - Pundent - Tuesday, Jul 14, 20 @ 4:00 pm:

    =Which brings me back to my question: what law is the judge supposed to presume is valid?=

    The one that gives the Governor the ability to issue a 30 day executive order and is silent as to whether or not successive orders can follow. The folks crying that things need to be cleared up are the ones who are opposed to the authority Pritzker feels he has. It’s certainly not the Democratic party which is why legislation hasn’t been drafted. In simple terms the house hasn’t seen any reason to clarify the issue and whether implicitly or explicitly agrees with what the governor is doing here. And politically why not? Do you really think it’s helping the Republican party by filing suits over their constitutional right to fish? I’m sure it resonates with the base, but it’s not doing the party any favors in growing that base.

  58. - cermak_rd - Tuesday, Jul 14, 20 @ 4:29 pm:

    It seems to me the best thing for gov to do is wait until all the courts have heard the case and if he then needs GA backing, call Madigan. That way he does not diminish his office of any powers it actually has.

  59. - @misterjayem - Tuesday, Jul 14, 20 @ 4:56 pm:

    “Phase 4 resumed kids baseball. Heard of any issues? Me neither.”

    Then you need to pull your head out.

    – MrJM

  60. - MyTwoCents - Tuesday, Jul 14, 20 @ 6:03 pm:

    Patriot, you’re only stating your opinion, not any actual determination that Pritzker is doing anything he can’t. Ultimately the IL Supreme Court will make that determination. Until then it’s only an opinion with no standing. Obviously the General Assembly disagrees with your opinion and that’s their right.

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