The outbreak of COVID-19 cases reported by Bradley University last week, which now totals 12 affected students, is likely attributed to an off-campus “social gathering,” the school’s president said in an email on Monday.
The school did contact tracing from an initial positive test, and officials there believe the spread occurred “as a result of a small off-campus social gathering where the use of masks and physical distancing did not occur,” President Stephen Standifird stated in the communique.
“This event highlights the importance of remaining vigilant about engaging in behaviors proven to slow the spread of the virus,” he added. “Face masks, physical distancing and frequent hand washing matter. This case also highlights the importance of an aggressive testing and contact tracing routine.”
Initially the school reported eight students positive on Thursday, then amended that to 10 on Friday before reporting 12 on Monday. Some of the students were involved in the school’s orientation program assisting incoming students, but on Friday Bradley stated that the spread is not believed to be connected to the orientation sessions conducted for incoming students.
* The Question: How confident are you that universities can open and then remain open throughout the fall semester? Make sure to explain your answer. Thanks.
* Gov. Pritzker announced the hiring of someone to run the state’s contact tracing program on May 1, almost two full months ago. Dr. Wayne Duffus promised a “soft rollout” by the end of May. But Kelsey Landis with the Belleville News-Democrat reports that finding information about the state’s contact tracing efforts is nearly impossible and people who want contracts are still waiting to hear from the state…
Health experts say contact tracing is essential to slowing the virus’ spread and to ascertaining when it’s safe to reopen portions of the economy or shut them down.
Yet few details on Illinois’ efforts are readily available to the public. The Illinois Department of Public Health did not respond to a request for information about contact tracing metrics. […]
After learning about the need, community colleges and universities statewide started to train hundreds of people who hoped to become tracers. Experts such as Silva leveraged their resources to make ready. But she said her group, the Contact Tracing Corps, is still waiting to hear from the state after submitting an interest form more than a month ago. […]
Massachusetts also includes a status for contact tracing on its daily update, telling residents whether their efforts are increasing, holding steady or decreasing.
Kellie Steele, a medical student helping with Loyola’s contact tracing collaborative, hopes the state will follow the lead of states like Massachusetts in its transparency about contact tracing. But Illinois isn’t the only state failing to provide that information, she added.
Illinois Gov. JB Pritzker’s administration is replacing two top Illinois Department of Public Health officials in charge of the state’s efforts to stop the spread of COVID-19 through nursing homes, WBEZ has learned.
Nursing home residents account for more than half of deaths in Illinois tied to the coronavirus, according to state data. The personnel moves come as the state’s daily COVID case numbers begin to shoot up again as the state opens up.
Debra Bryars, the IDPH deputy director who headed the Office of Health Care Regulation, left last Monday and has been replaced by Daniel Levad, a long-time IDPH staff member, department spokeswoman Melaney Arnold confirmed.
Levad, named the office’s acting deputy director, until recently was chief of an IDPH section focused on intermediate care facilities for individuals with intellectual disabilities.
The administration is totally mum on this topic, as well.
ComEd made its first court appearance Tuesday since being hit with bombshell federal bribery charges involving House Speaker Michael Madigan’s political operation — and if all goes as planned, it may be one of the company’s last.
In a brief hearing at the Dirksen U.S. Courthouse, prosecutors and lawyers for ComEd agreed that after a formal arraignment next week, the company would not have to return to court until 2023, when a three-year deferred prosecution agreement with the government is set to expire. […]
Assistant U.S. Attorney Amarjeet Bhachu told the judge that due to the deferred prosecution agreement, ComEd does not have to enter a plea at its Aug. 5 arraignment. Reid Schar, lead attorney for ComEd, said if the company did enter a plea, it would be not guilty.
“There may be no need to come back short of the government ultimately dismissing the (charges) at the end of the three years,” said Schar, who as an assistant U.S. attorney a decade ago led the prosecution of Illinois’ previous “Public Official A,” former-Gov. Rod Blagojevich.
Interesting. I hadn’t really considered that plea angle. Thoughts?
…Adding… As a commenter suggests, this sort of thing may be the reason the company agreed to the deal…
A class action lawsuit filed Monday against ComEd alleges the utility company overcharged customers by $150 million through rate increases it got as a result of a bribery scheme.
Ten days ago, ComEd admitted it took part in a bribery scheme linked to Illinois elected officials and agreed to pay a $200 million settlement.
ComEd “unjustly enriched itself by overcharging its 4 million customers in Illinois for years,” the law firm, Romanucci & Blandin, said in a statement.
The Illinois Department of Public Health (IDPH) today announced 1,076 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 30 additional confirmed deaths.
- Champaign County – 1 male 70s
- Coles County: 1 female 30s, 1 female 40s, 1 female 80s
- Cook County: 1 male 40s, 1 female 50s, 2 male 50s, 2 females 60s, 1 female 70s, 1 female 80s, 3 males 80s, 3 females 90s, 1 male 90s
- DeKalb County: 1 male 80s
- Douglas County: 1 female 60s
- DuPage County: 1 male 80s
- Iroquois County: 1 female 70s, 1 male 70s
- Montgomery County: 2 males 80s
- St. Clair County: 1 male 60s
- Williamson County: 1 male 70s
- Winnebago County: 1 female 70s, 1 male 70s
Currently, IDPH is reporting a total of 173,731 cases, including 7,446 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 28,331 specimens for a total of 2,570,465. The preliminary seven-day statewide positivity for cases as a percent of total test from July 21 –July 27 is 3.8%. As of last night, 1,383 people in Illinois were reported to be in the hospital with COVID-19. Of those, 329 patients were in the ICU and 128 patients with COVID-19 were on ventilators.
Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.
* Meanwhile, from the CDC…
"35% had not returned to their usual state of health when interviewed 2–3 weeks after testing. Among persons aged 18–34 years with no chronic medical conditions, one in five had not returned to their usual state of health" https://t.co/2bSRrrpcbA
Health departments across Southern Illinois are seeing an upswing in COVID-19 cases.
The number of new cases was so high in Jackson County, it prompted the health department to issue a public health alert on Sunday.
“We have had a definite upswing in the number of cases,” Bart Hagston, administrator of Jackson County Health Department, said. “The number of cases eclipsed the previous record number three times in the past week, and that’s not the way we want the data to trend.” […]
Hagston said the health alert focused on residents in their teens and 20s because those age groups represent 70% of the new cases in the county during July. Of 212 new cases in the county in July, 148 are from people in their teens and 20s.
Beginning Friday, July 31, anyone traveling to Chicago from Wisconsin, Missouri, North Dakota, and Nebraska will have to self-quarantine for 14 days. The city said it will update the list of affected states every Tuesday - adding or removing states depending on the latest data, and will go in effect the following Friday. […]
There are currently 22 states covered by the travel order, which took effect July 6, including:
Alabama
Arkansas
Arizona
California
Florida
Georgia
Idaho
Iowa
Louisiana
Kansas
Mississippi
Missouri
Nebraska
Nevada
North Carolina
North Dakota
Oklahoma
South Carolina
Tennessee
Texas
Utah
Wisconsin
The order doesn’t apply to professional sports teams and nobody has yet been fined for violating it.
Study finds 6 COVID-19 ‘symptom clusters’ that may inform clinicians about the severity of cases
After heavy COVID-19 toll on Illinois nursing homes, top regulators depart state agency
Bottled Blonde, controversial River North bar, closed permanently by coronavirus, but not violations
Bears nose tackle Eddie Goldman reportedly opts out of the 2020 season over COVID-19 concerns
Chicago-area house flippers ‘surprisingly unaffected’ by COVID-19, but brace for mixed bag in months to come
MLB shortened season could be threatened, but games don’t need to stop right now, says Dr. Anthony Fauci
Trump retweets video, banned by Facebook after going viral, that alleges unproven drug cures COVID-19
Chicago-based McDonald’s facing bumpy recovery, 2nd quarter sales down 30%
CTA giving away Ventra cards, healthy travel kits during food distribution event at South Side grocery store
‘Pandemic pods’ and ‘micro-schools’: How parents are finding ways to help their kids — and themselves — manage schooling at home
*** UPDATE 1 *** Region 4 is the Metro East. Not looking good there at all. Right at the 8 percent edge. And Region 5, which is the rest of southern Illinois, is heading that direction fast…
Regional positivity 7-day avg for IL's 11 regions as of July 25 (individual charts in next tweets)
Region 1 - 5.2% Region 2 - 4.2% Region 3 - 3.9% Region 4 - 7.8% Region 5 - 6.5% Region 6 - 2.9% Region 7 - 5.8% Region 8 - 4.5% Region 9 - 5.1% Region 10 - 5.4% Region 11 - 4.5% pic.twitter.com/kznGZ7B0cl
Illinois was one of three states added to New York, New Jersey and Connecticut’s joint list of states requiring travelers to quarantine for 14 days upon arrival, New York Gov. Andrew Cuomo said Tuesday.
*** UPDATE 3 *** Jordan Abudayyeh…
The State of Illinois has worked to flatten the curve and bend it downward and our statewide positivity rate remains one of the lowest in the Midwest. But, Illinois is surrounded by states with less restrictions and higher rates of transmission illustrating, once again, the need for a nationwide response. The Governor supports states that are implementing mitigation strategies to keep people healthy and safe and urges Illinois residents who are traveling to follow three Ws: wear a face covering, watch your distance and wash your hands.
The Department of Homeland Security is in the very early stages of plans to build an Immigration and Customs Enforcement (ICE) detention center in Dwight, Illinois, about 80 miles southwest of Chicago.
According to a letter obtained by CBS 2, the Department of Homeland Security is preparing an environmental assessment for a proposed contract to build a privately owned and operated ICE detention facility in Livingston County, for detainees facing deportation proceedings.
Dwight Village Manager Jared Anderson confirmed the village has been seeking to be home to the facility, which would be built on a 40-acre farm field on the west side of town, just east of Interstate 55.
Um, I don’t think they can do that. From the synopsis of what is now Public Act 101-0020…
Provides that neither the State, nor any unit of local government, any county Sheriff, or any agency, officer, employee, or agent thereof, shall: (1) enter into an agreement of any kind for the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity;
* Rep. Kelly Cassidy was the House sponsor. Her press release…
In spite of the Illinois General Assembly voting overwhelmingly to affirm the state’s long held policy of prohibition of for profit prisons last year, it would appear that ICE and the Village of Dwight intend to continue the effort to build a for profit ICE Detention Center in Illinois. The state has had a ban on privately run, for-profit prisons for decades, but legislation passed last year clarified that ban should also apply to non-criminal settings such as ICE detention centers. The bill (HB2040) passed both chambers last May with significant bipartisan support and was signed by the Governor on June 21, 2019. A recent news report revealed that ICE has continued to pursue the location in Dwight, submitting a letter requesting an environmental site review on the proposed location.
“I sponsored this bill knowing the realities of for profit prisons and knowing that the mistreatment we’ve seen in these facilities across the country has no place in our state. As we see reports from across the country of detainees contracting COVID-19 at an alarming rate in ICE detention centers, federal agents including ICE acting outside the law to ‘disappear’ protestors, and this administration’s ongoing war against immigrants, this appears to be yet one more example of this administration pursuing their hateful agenda regardless of legal standing,” said Rep. Kelly Cassidy, chief House sponsor of HB2040.
Local governments around the country have found that the promises made by for profit prison developers rarely come to fruition. Once the prison is built and the dangerous working conditions, low pay, and lack of benefits become the reality, it is often too late to go back. Representative Cassidy previously argued against the closure of Dwight Women’s prison, noting the town’s unique wrap around support for the women incarcerated there and has long advocated for more thoughtful economic development for towns impacted by closures of state facilities or other economic disasters. The state must do more to assist towns like Dwight when significant economic losses hit.
“The Village of Dwight should acknowledge the reality that the state has made our policy abundantly clear on the question of whether someone should profit off of putting humans in cages with the passage of HB2040 and abandon this wrongheaded approach to economic development not only is a flagrant violation of state law, but putting their residents at significant risk” said Rep. Kelly Cassidy. The company in question is also responsible for the greatest outbreak in any facility with a 75% infection rate at their facility in Farmville, VA.
…Adding… Sen. Robert Peters…
Illinois has long had a policy of prohibiting for-profit prisons. Last year, the General Assembly overwhelmingly passed HB2040 sponsored by state Rep. Kelly Cassidy and state Sen. Robert Peters to make sure these bans apply to non-criminal settings such as ICE detention centers.
A recent news report revealed that ICE has continued to pursue a location in the Village of Dwight to build a private detention center, recently submitting a letter requesting an environmental site review on the proposed location.
This is happening despite the fact that the Private Detention Facility Moratorium Act signed into law in 2019 stopped the original agreement ICE was trying to enter into with Dwight. The law states: “Neither State, nor any unit of local government…shall enter into an agreement of any kind of the detention of individuals in a detention facility owned, managed, or operated, in whole or in part, by a private entity.”
“Whatever deal ICE is trying to cut is cloaked in the promise of jobs and profits, but is nothing more than a flagrant violation of state law,” said state Sen. Robert Peters, chief Senate Sponsor of HB2040. “In reality, private detention centers historically have dangerous working conditions, low pay, and a lack of benefits — not to mention the inhumane war they wage on detainees under the direction of the Trump administration. This is yet another example of why we can’t trust this administration. Time and time again, they bulldoze our collective safety and health all in the name of pitting communities against each other.”
…Adding… Press release…
On July 28 news reports disclosed that Immigration and Customs Enforcement (ICE) is seeking an environmental assessment for a site for a new privately-operated immigration detention facility in Dwight, Illinois. ICE is making this move in total disregard of a state law enacted last year to bar such facilities. The following is the statement by the Illinois Coalition for Immigrant and Refugee Rights (ICIRR) and the National Immigrant Justice Center (NIJC):
The State of Illinois spoke loudly and clearly last year when the General Assembly passed and Governor Pritzker signed the Private Detention Facility Moratorium Act: Private prison companies are not welcome in our state, and no one should profit from keeping people in detention. Yet ICE, an agency that claims to exist to enforce the law, is defying the will of our state and acting in an unlawful manner by attempting to move forward with the Dwight immigration prison. ICE is attempting to double its detention capacity in the Chicago region with this facility, even as the number of people in ICE custody nationally is falling due to the COVID-19 pandemic. Furthermore, the company proposing the facility, Immigration Centers of America, is botching its handling of a COVID-19 outbreak at its sole facility in Virginia–with 75% of individuals detained there testing positive. Private for-profit immigrant detention centers have failed 100% of the time they have tried to come into Illinois, and this will be no different.
All of this is happening as Department of Homeland Security (DHS) agents are being deployed to American cities without any real need or accountability, as DHS continues to defy the Supreme Court’s ruling preserving the DACA program, and as ICE in Chicago is planning a “citizen’s academy” to train civilians on arrest tactics and firearms use. Our organizations will continue to fight to hold DHS and ICE accountable, to stop the harms they are inflicting and the fear they are creating in our communities, and to make our state welcoming for all.
The Public Interest Legal Foundation (PILF) is an American conservative legal group based in Indianapolis, Indiana,which is known for suing states and local governments to purge voters from election rolls. The group has made false claims about the extent of voter fraud in the United States. The organization has published the information of eligible voters online, including Social Security numbers, falsely accusing them of being fraudulent voters.
The nonprofit was constituted in 2012 to “assist states and others” to fight “lawlessness” in American elections. They assert that “large numbers of ineligible aliens are registering to vote and casting ballots”, although lists that they have displayed of such supposed voters prove to actually include American natives who are eligible voters. PILF said their lists had been based on state government lists of declared “non-citizens” removed from local voter rolls. Some U.S. citizens were wrongfully purged in the process.
The Public Interest Legal Foundation (PILF) filed a lawsuit today against the Illinois State Board of Elections for failing to disclose voter registration records under federal law (Public Interest Legal Foundation v. Sandvoss et. al).
“Federal law requires transparency in election records,” PILF President and General Counsel J. Christian Adams said. “Just because someone isn’t engaging in partisan electioneering should not prevent them from ensuring that Illinois’ voter rolls are in order. Illinois’ records must be made available to the public, not just politicians.”
The complaint, filed July 27, explains the Foundation initially requested access to Illinois’ federally required statewide voter file and voting histories on October 16, 2019. On February 21 and after a failed inspection of records, the Foundation provided notice that litigation would commence if voter registration data was not provided as required under federal law.
The Foundation seeks relief under Section 8 of the National Voter Registration Act of 1993, which requires officials to make voter list maintenance documents like the voter roll itself available for inspection to the general public. The law also offers a private right to file a lawsuit if denied.
Other federal courts which have confronted the issue have sided in favor of disclosure of public records.
The Foundation is pursuing litigation against Maine and Maryland for similar inspection rights violations. Delaware and Massachusetts opened access to their respective registration records pursuant to PILF’s federal inspection requests.
The Foundation accesses public voter registration database extracts to perform audits for deceased, duplicated, and otherwise outdated/corrupted records. Findings can result in federal list maintenance lawsuits to correct flagged registrant files. Lawsuits against Detroit and Allegheny County, Pennsylvania, recently wrapped along those lines.
The Foundation has also shared data via court briefs involving changes to mail ballot rules and procedures that have arisen due to the COVID-19 pandemic across 11 cases in California, Connecticut, Georgia, North Carolina, New Mexico, Tennessee, Texas, Virginia, and Wisconsin.
The new case was filed in the United States District Court for the Central District of Illinois. The case number is 3:20-cv-03190. The attorney for the Public Interest Legal Foundation is Sue Becker. Chicago-based Christine Svenson serves as local counsel.
Section 10 ILCS 5/1A-25(4) restricts those allowed to receive a copy of the voter registration list to just two types of entities: political committees or government entities (“Restricted Access Law”). No other entity or individual is allowed to receive a copy of the voter registration list under the Restricted Access Law.
The Restricted Access Law contains just one exception, which is that a person may view the voter registration list at the office of the State Board of Elections […]
[Section 8 of the National Voter Registration Act of 1993] provides, in relevant part, “Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters”
So, it appears they have a decent case here. We’ll see. I’d hate to pay that copying bill, though.
She is active in the local Republican party and has served as the Cook County Republican Party’s general counsel. […]
Svenson represented a client who sued Dan Rutherford, a 2014 candidate for the Republican gubernatorial nomination, for alleged sexual harassment. Rutherford accused Svenson and her client of fabricating the allegations to help his opponent, now Governor Bruce Rauner. Svenson denied any political motivations. She had previously received $3,500 from the Rauner campaign, but said it was for legal work reviewing a lease for Rauner.
Alvin Boutte, Jr. filed an objection to Kanye West's presidential petitions today. Sangamon County Dem Party Chair Doris Turner filed an objection to Willie Wilson's US Senate petitions https://t.co/vpRE7×4sOx
The challenge to West’s petitions claims he didn’t turn in enough valid signatures, his statement of candidacy wasn’t sworn and…
The Candidate’s Nomination Papers are legally and factually insufficient because he did not include a candidate for Vice President of the United States or Presidential Electors as required for Independent Candidates for President of the United States running in Illinois, in violation of the Illinois Election Code.
A federal appeals panel is allowing state authorities to continue to argue a federal judge was wrong to ease requirements for third-party and independent candidates to gain ballot access amid the COVID-19 pandemic.
The U.S. Seventh Circuit Court of Appeals issued an order July 15 denying a motion to dismiss an Illinois State Board of Elections’ appeal.
On April 3, the Libertarian Party sued the state, asserting Gov. JB Pritzker’s stay-at-home orders infringed the constitutional rights of its candidates by complicating the collection of signatures on nomination petitions. The Green Party joined the lawsuit, as did independent candidates.
U.S. District Judge Rebecca Pallmeyer sided with the third parties, finding the safety restrictions, “which started at nearly the same time as the window for gathering signatures,” created a “nearly insurmountable hurdle” impeding general election ballot access.
Pritzker indicates IHSA will not conduct sports in fall
Gov. J.B. Pritzker signaled that the Illinois High School Association will not conduct sports activities this fall.
The statement came Monday during a question-and-answer session at the Rock Island County Public Health Department and was broadcast by WRMJ in Aledo.
According to the governor, the IHSA “has said they’re basically going to get out of the business of this in the fall. That’s what it appears they are saying.”
The IHSA board of directors are scheduled to convene Wednesday. It was presumed the board will vote then on whether to conduct fall sports.
The story, along with some other developments yesterday, had Pritzker trending on Twitter for much of two days. People were freaking out. Some tried to calm the waters, to no avail…
Pritzker was a bit confusing at one point. I'm guessing he meant the IHSA is getting out of the business of establishing safety guidelines. If you listen to the full recording he clearly says the decision is up to the IHSA, school districts and parents.
* The headline and story were changed to a more accurate portrayal of what the governor said, but the damage had already been done…
Pritzker ‘deeply concerned’ about IHSA fall sports
Gov. J.B. Pritzker said Monday he is “deeply concerned” about the Illinois High School Association conducting sports activities this fall. […]
“I’m deeply concerned,” the governor said, noting that there is evidence in other countries that open up school sports and an outbreak immediately follows.
“Not something we’ve issued a mandate about,” Pritzker said. “We’re watching very closely.”
Pritzker said he understands the situation has been confounding for many people and said this will be an autumn like no other. He said parents and teacher will have to be flexible in the coming weeks.
* But riddle me this, Batman: If Major League Baseball, with its vast fortunes and high-priced doctors and a strong players union and no fans in the stands can’t prevent outbreaks, how is high school football gonna top that?…
To one public health expert, the Miami Marlins outbreak — in which at least 14 members of the team, including 12 players, have contracted the coronavirus — is a frightening harbinger of things to come.
Appearing on CNN’s New Day Tuesday, Professor William Haseltine issued a dire warning — stating that what’s happening in baseball could happen on a dramatically larger scale if schools reopen in the fall.
“I think what you’re seeing is what’s about to happen in our high schools,” Haseltine said. “There’s very little difference between the way the virus spreads in young baseball players — many who are just barely into their 20s — and how it’s going to spread in high schools with anybody who’s an adolescent or a teenager.”
Any attempt to create a bubble won’t work either, according to Haseltine. No matter how much testing is done in an effort to create a protected space, the virus will find its way in.
I don’t know how some parents are raising their kids, but mine always stressed that sport, while important, is just a game.
* The attorney general has filed a motion with the Illinois Supreme Court to transfer all of attorney Tom DeVore’s latest round of cases to Sangamon County…
In short, although filed in five different counties, the five above- captioned cases were filed on the same day by the same attorney and seek the same declaratory and injunctive relief against the same defendant, the Governor. And that attorney (DeVore) has indicated that he “is ready to file lawsuits in other counties across the state.”
This is the most recent series of lawsuits filed by DeVore in multiple jurisdictions that challenge the Governor’s actions to address the COVID-19 pandemic. Six weeks after the Governor first declared an emergency, on April 23, 2020, DeVore filed Bailey v. Pritzker, No. 2020CH6 (Ill. 4th Jud. Cir. Ct.). In that lawsuit, DeVore argued that the Governor’s proclamations and executive orders exceeded his authority because they extended more than 30 days beyond March 9, the date on which the Governor first declared the COVID-19 pandemic a disaster. DeVore subsequently raised the same argument in three other lawsuits. But this argument—that the Governor’s ability to take action to address the pandemic expired 30 days after March 9—has been rejected by every court to have addressed it, save one: the Circuit Court of Clay County, where DeVore filed Bailey and Mainer. In Clay County, attorney DeVore twice obtained a temporary restraining order (“TRO”) against the Governor’s executive orders from the same judge, and both times, after the Governor appealed those TROs under Illinois Supreme Court Rule 307(d), DeVore withdrew his request for a TRO. By doing that, DeVore evaded appellate review of these outlier rulings.
In another recent series of cases, DeVore filed lawsuits in multiple counties on behalf of plaintiffs challenging the face covering requirement as applied to teachers and students. And in yet another, DeVore filed a number of cases arguing that the Governor lacks authority under the Act to suspend nonessential business operations. When the Governor removed three of those actions to federal court, DeVore’s law firm voluntarily dismissed those cases, thus evading review of these claims by the federal judiciary.
As another indication that these actions have sown confusion and uncertainty and have inhibited a clear resolution of the dispute over the Governor’s authority, DeVore has described the July 2, 2020 summary judgment ruling in the Bailey case as giving every Illinoisan the right to do as they please. If the July 2 ruling had that legal effect—which the Governor disputes—then there would be no legal reason to file new lawsuits to challenge whether the Governor had the authority to declare a statewide disaster. Consolidating the new cases will serve to avoid confusion and uncertainty, and may expedite appellate review and a final resolution of this dispute.
* Aside from the plaintiffs’ names, there is only one other factual difference between DeVore’s new set of cases…
The theoretical possibility that the court could answer the threshold legal question in favor of the plaintiffs does not alter this analysis. The complaints present many common factual allegations.And the few factual differences among the complaints are limited to the number of residents who have tested positive or who have died from COVID-19, as well as a calculation of the infection rates based on county population. These facts are easily ascertainable matters of public record, allowing for streamlined factual development in a consolidated case without witness testimony. But in any event, focusing on these facts ignores that the key inquiry here is the statewide occurrence and threat of sickness resulting from COVID-19, rather than the number of cases and deaths in any given county at any discrete point in time.
Critically, allowing one court to resolve the threshold question will avoid the expenditure of resources before multiple courts, as well as the risk of conflicting rulings and ensuing public confusion. The prospect of public confusion and wasted resources is particularly detrimental in the present context of a global pandemic, where statewide consistency on public safety directives is critical.
These cases thus present a threshold question of statutory interpretation and involve a common issue of law: whether the declaration of a disaster in a county based on the existence of a public health emergency requires evidence of illness to a specific number of people in that county. According to plaintiffs, the definition of “public health emergency” cannot be satisfied without such a showing. The Governor disagrees with plaintiffs’ position as a matter of law. The plain text of the statute authorizes the Governor to declare a disaster due to a public health emergency based on evidence of “an occurrence or imminent threat of an illness or health condition” caused by a novel infectious agent that poses a high probability of widespread exposure. 20 ILCS 3305/4. Indeed, the Act confers authority on the Governor to issue disaster proclamations, 20 ILCS 3305/7, when there is “an occurrence or threat of widespread or severe damage, injury or loss of life or property . . . resulting from any natural or technological cause,” including an “epidemic” or “public health emergencies” […]
Merits aside, however, these cases are appropriate for transfer and consolidation because answering the common question of law they present will not require any factual development, making the question amenable to resolution through consolidated pre-trial proceedings such as a motion to dismiss (which the Governor intends to file). If the court concludes that the Governor has the authority to declare a statewide disaster in light of COVID-19, then that will end the analysis without consideration of the facts in each individual county concerning the number of residents who have tested positive for COVID-19. As such, it would make sense and conserve judicial resources for one court to answer that predominant question of law.
* But the AG may need to file an amended motion. Here’s Mike Miletich…
DeVore filed lawsuits for clients in Clinton, Edgar, Richland, and Sangamon counties using this argument last week. He also presented his own case against the governor in Bond County. The number of cases grew Monday with cases filed in Montgomery, Kendall, Winnebago, Grundy, and White counties.
“If there’s no disaster in Clay County, I can assure you I’m gonna have a client that’s going to go to the Clay County school districts and say ‘Let our kids in. You can’t keep us in remote learning because it’s not allowed.’ There’s no disaster,” DeVore exclaimed.
DeVore believes judges should have their own decision on if there is a disaster locally.
“Then you can’t have emergency power being wielded in that county. You can’t have school districts engaging in remote learning in that county,” DeVore said during a virtual interview Monday. “You can’t be doing all this stuff because there is not a disaster.”
…Adding… DeVore is also searching for a plaintiff in Macoupin County. From Facebook…
Hello, citizens and friends of Macoupin County. I had a great talk with State Representative Darren Bailey and Constitutional Attorney Thomas DeVore this morning.
Here’s the deal. We (Macoupin County) just need one person (a resident of Macoupin County) to step up and file a lawsuit against His Royal Highness King Jay Bob. The lawsuit would be over the fact that there is currently NO state of emergency here in Macoupin County. [We aren’t disputing that a true state of Emergency may indeed exist in Chicago as well as in certain parts of the 618.]
Warning: There will be some fame attached to stepping up and filing a lawsuit against Pritzker, and probably just as much unwanted hatred from his brownshirt loyalists as well.
The people of Illinois are facing unprecedented challenges — from the coronavirus threatening our health, our economy and the education of our children to overdue demands for a more just and equitable society. At such a time, it is imperative that the people of our state can trust in their representatives and that those representatives can trust in their leaders. That is why Michael Madigan should resign as Speaker of the House.
The revelations contained in the U.S. Attorney’s deferred prosecution agreement with Commonwealth Edison paint a sordid picture of bribery, influence peddling and insider-dealing at the highest levels. It shows how yesterday’s political patronage system, severely restricted by the courts, has been transferred lock, stock and barrel to a large corporation seeking the government’s help.
Not only does this undermine public trust in government, but it will cost Illinois ratepayers hundreds of millions of dollars. This follows on the heels of horrendous revelations of sexual harassment and bullying by those within the Speaker’s Office. It is clearly time for a change.
Some will argue that the Speaker is innocent until charges are filed and he’s proven guilty. But those are not the standards that should apply to his leadership role. Serving as Speaker is not a right; it’s a privilege. A leader’s actions must avoid even the perception of wrongdoing. Speaker Madigan repeatedly has violated that trust.
For the same reason, Michael Madigan should step down as chair of the Democratic Party of Illinois. We are in the midst of the most important campaign of our lifetime — to remove a President who routinely violates our Constitution and our trust. In contrast, Democrats must offer voters a level of trust and accountability that Chairman Madigan can no longer provide.
Speaker Madigan’s continued service in the legislature and on the Democratic State Central Committee are matters for his constituents to decide. The many ethical questions swirling around him, however, should disqualify him from legislative or party leadership posts.
The problems in Illinois government go far beyond Speaker Madigan, although he has come to personify the elevation of power and privilege over the needs and concerns of the public. We must enact tough ethics reforms to help ensure that a change in House leadership brings with it the overhaul of a broken system. No longer can we allow it to promote the interests of powerful insiders over those of the people and communities our government is supposed to serve.
I pledge to continue fighting for such reforms with likeminded colleagues who are demanding both a change in unethical leadership and serious reform of a system that has tolerated it for far too long.
Rich — I’ve been keeping up with your good reporting on the ComEd/Exelon scandals and wanted to give you a heads up. We will launch a new TV ad (YouTube link here) statewide on cable news beginning tomorrow a.m. (7/28) and extend to local broadcast shortly after. We want to say loud and clear that Illinois can get clean energy legislation without kowtowing to ComEd and Exelon, and without Illinois ratepayers continuing to shoulder the cost. I just wanted to make sure you saw the spot before it goes live — feel free to share as you see fit.
A little background info — After all that’s come to light over the last year (and especially the last 2 weeks) regarding the 2016 FEJA bailout, we simply can’t go down that path again. ComEd has admitted to bribery and, with the ICC meeting on ethics reforms this Wednesday, it feels like the right time for lawmakers to say once and for all that they’ll give no more subsidies or bailouts to ComEd and Exelon. That includes stripping subsidies out of the current clean energy jobs bill. We saw Representative Williams’ announcement last week that she’ll add accountability measures to CEJA — it’s a good start and we agree but it needs to go further. She should also remove subsidies that would go directly to Exelon and ComEd so Illinois can transition to a clean energy future without continuing to put families and taxpayers at risk.
Again, just wanted to give you a heads up. Have a great evening,
Lacie
Clean Energy Transition Project
According to Comcast, the group is spending $58K through August 9, mainly in Chicago, but also some in the Champaign and Peoria areas. The group suddenly started spending big bucks on Facebook last year and has spent $71K since May. I’m not sure who they are or what they want by way of a “transition” to clean energy. The website is no help, either.
I am not familiar with the “Clean Energy Transition Project” and haven’t heard from this group with concerns about my bill. In the current climate, I question the judgment of a nameless, faceless dark money group inserting itself in Illinois’ energy discussions via paid ads.
The group appears to be a “front group” for fossil fuel companies who don’t like the provisions of the Clean Energy Jobs Act that prioritize carbon free power sources over polluting fossil fuels in the capacity market. My bill will eliminate the ongoing subsidy of the fossil fuel industry, which benefits coal and gas companies while costing Illinois consumers over $1B a year. No wonder this group is running ads designed to mislead Illinois consumers by claiming ComEd/Exelon is “hijacking” the clean energy legislation.
As Senate sponsor Cristina Castro and I have repeatedly stated, the utilities and power companies will no longer be dictating energy policy in Illinois. The recent and stunning admission of ComEd was the nail in that coffin.
Our plan is to prioritize carbon free resources first as we work to build up renewables in Illinois, eventually to 100% renewable energy sources, and we will not do this by continuing to prop up polluting fossil fuel plants. Our planet cannot afford it. We will, however, work to ensure that all utilities and power companies be held accountable and answerable to Illinois ratepayers, and that the illegal manipulation of the legislative process is over. Energy policy can and should be driven by the best interests of consumers, communities and our environment – not by corporate profits.
