* Winnebago County’s positivity rate is 9.5 percent. Rockford Register Star…
More than 100 people packed into a banquet room at Giovanni’s Thursday for what was billed as an informational meeting for Rockford area bars and restaurants whose businesses are being threatened by new COVID-19 mitigation rules that go into effect Saturday.
What they got was an hour and a half presentation by attorney Thomas DeVore of Sorento, Illinois, advising bars and restaurants that they are under no legal obligation to cease indoor and food and beverage sales, as ordered by Gov. JB Pritzker, and that they can and should stay open.
Several local leaders and elected officials attended the meeting including state Rep. John Cabello, state Sen. Dave Syverson, Winnebago County Sheriff Gary Caruana and Loves Park Mayor Greg Jury — all of whom assured attendees that they would not enforce or support the state’s additional COVID-19 mitigation strategies for northwest Illinois.
“I pretty much though speak for any law enforcement agency in this county,” Caruana said, adding that he had close relationships with the Illinois State Police director and local captain. “Pretty much though we’re all on the same page. (Rockford Police Chief Dan) O’Shea and I are on the same page. We are not going to go into your bars and stalk you or do anything like this. No fear.”
* WIFR…
Winnebago County Public Health Administrator Dr. Sandra Martell also weighed in saying:
“The Winnebago County Health Department has worked with bars and restaurants in our community throughout the pandemic. Despite the financial challenges to their businesses and the greater community, they adapted and implemented the strategies to prevent the transmission of COVID-19. We trust that they will thoughtfully consider all the impacts and will continue to follow the guidelines to protect the community. These are challenging times for all. We ask our community to rally and support them by ordering curbside and enjoying their outside venues.”
*** UPDATE 1 *** Another day, another lawsuit. DeKalb Daily Chronicle…
Seven DeKalb County restaurant owners on Thursday filed a lawsuit against Gov. JB Pritzker and the Illinois Department of Public Health seeking a temporary restraining order to stop state officials from forcing them to shut down indoor dining beginning Saturday.
Bradley Melzer, of Sycamore-based Cronauer Law, is representing the owners of Fatty’s Pub & Grill in DeKalb, Remington Gastropub in Malta, The Lincoln Inn and Faranda’s Banquet Center in DeKalb, Ellwood Steak & Fish House in DeKalb, The Junction Eating Place in DeKalb, MVP Sports Bar in Sycamore and El Jimador Mexican Grill, which opened in downtown DeKalb on Tuesday. […]
The lawsuit – which names Pritzker and IDPH Director Ngozi Ezike – claims the governor’s actions during the pandemic have been “unlawful and unconstitutional in that it defies the County’s Emergency Management Act,” unfairly punishing DeKalb County businesses for positivity rate and resurgences outside of the county.
Mitigations for Region 1 – which includes Boone, Carroll, DeKalb, Jo Daviess, Lee, Ogle, Stephenson, Whiteside and Winnebago counties – were put into place this week effective Saturday due to high positivity rates of the viral respiratory disease in the region as a whole. At the time of the governor’s announcement Tuesday, positivity rate breakdowns for counties included in the region showed Winnebago County with the highest. […]
“DeKalb County is under the Governor’s 8% positivity rate and is being arbitrarily lumped together in a “region” where only 3 of the 8 counties currently exceed that threshold,” he said. “Our clients in DeKalb County have taken this pandemic seriously and have been following all the appropriate guidelines. To now be punished for another counties’ spike in COVID-19 cases is not only unjust, but could result in closing these businesses forever and the loss of additional jobs.”
*** UPDATE 2 *** Jordan Abudayyeh…
Packing more than 100 people indoors for a meeting without masks or distance is irresponsible and dangerous. Every single time Tom DeVore has taken his reckless roadshow outside Clay County he has lost because the courts have repeatedly sided with public health experts and supported guidance that keeps people healthy and safe amidst a pandemic that has taken the lives of more than 8600 Illinoisans. The people of Region 1 would be better served by following the mitigations and working together to bring down their positivity rates so their businesses can operate safely instead of allowing themselves to fall victim to DeVore’s self-promoting schemes.
I was also told that the Illinois State Police will be in Region 1 enforcing the public health emergency rules.
*** UPDATE 3 *** More from the Daily Chronicle…
A DeKalb County Judge on Friday afternoon denied a petition by seven DeKalb County restaurant and bar owners to delay COVID-19 resurgence mitigations expected to begin Saturday.
- H-W - Friday, Oct 2, 20 @ 10:55 am:
Perhaps if one is found to be in violation, they should arrest DeVore for participation and inciting criminal actions.
- Oswego Willy - Friday, Oct 2, 20 @ 10:55 am:
=== What they got was an hour and a half presentation by attorney Thomas DeVore of Sorento, Illinois, advising bars and restaurants that they are under no legal obligation to cease indoor and food and beverage sales, as ordered by Gov. JB Pritzker, and that they can and should stay open.===
“… and when you get thousands of dollars in fines, or a license suspended, call me, pay my retainer, and, lose… or lose… I’ll lose gracefully and cash *your* check swiftly”
I mean, for DeVore, can grifting get any easier?
Think on it, when DeVore loses, he wins, and by losing, he’s more… of a hero? Yep. A hero.
Cabello and Syverson attending only reinforces the Covidiot Caucus is willing to infect you, “because… America”
Like yesterday… they told me;
=== As for me I’ll take dangerous liberty over safety and security any day.===
Cabello and Syverson need this thinking for the Covidiot Caucus to exist.
- Steve Polite - Friday, Oct 2, 20 @ 10:55 am:
tl;dr We don’t like the law, so we won’t keep order.
Sincerely,
Steve
- Ducky LaMoore - Friday, Oct 2, 20 @ 10:58 am:
“I pretty much though speak for any law enforcement agency in this county,” Caruana said, adding that he had close relationships with the Illinois State Police director and local captain.
Oh man. You’re going to speak for the state police that serve at the behest of the governor at an event with an attorney that is suing the governor. Now you have my attention.
- Flyin' Elvis'-Utah Chapter - Friday, Oct 2, 20 @ 11:02 am:
Caruana kinda speaking on behalf of state police and the local capitan?
Wonder how much longer those “close relationships” will last?
- Anon221 - Friday, Oct 2, 20 @ 11:04 am:
Giovanni’s appears to be one for your “list”, Rich;)
Days back when we had smoke free seating areas when smoking was still allowed in restaurants reflects a bit on what the South Shore Line is doing with their train cars (see link below). But, as one commenter on that post wrote, the conductor still has to service that car. Same with waitstaff. Their health is put at risk each time they have to serve an antimasker. However, there’s a part of me that says, go ahead, be a maskless packed business. Maybe you’ll finally learn the economics of that the hard way. And, unfortunately, there will be people that will suffer the long-term consequences of COVID-19 exposure and illness. The effects of which may bankrupt their families and/or quality if life. But hey, money now is all that’s important…right (heavy snark)???
https://chi.streetsblog.org/2020/09/23/idiocy-or-genius-the-south-shore-line-tries-quarantining-anti-maskers-in-a-separate-car/
- SSL - Friday, Oct 2, 20 @ 11:06 am:
I prefer that law enforcement agencies enforce the law. But that’s just me.
- Simply Sayin' - Friday, Oct 2, 20 @ 11:06 am:
==”…that they are under no legal obligation to cease indoor and food and beverage sales…”==
While you need to advocate on behalf of your clients, there is a point crossing the line when it becomes a ethics violation to advocate something that has been struck down by multiple courts, even the U.S. Supreme Court. I think his continued false rhetoric crosses that line.
- Concerned Dem - Friday, Oct 2, 20 @ 11:07 am:
How very “Law & Order” of them.
- DuPage Saint - Friday, Oct 2, 20 @ 11:08 am:
Pritzker should shut a few of these places down. Let them sue and lose. If Pritzker does nothing it is an empty threat. Maybe the AG can file something against public officials that openly defy law.
- Honeybear - Friday, Oct 2, 20 @ 11:08 am:
So incredibly shortsighted. Revoke their liquor License and let Devore get destroyed in court. Have the Health Department shut them down entirely. Station a State trooper outside. Padlock and chain the building.
I say if we’re going to have an insurrection against the state, let em feel the full might and power of it. Hit them with everything. I’m so done with this crap. You wanna brawl, let’s get on with it.
- Precinct Captain - Friday, Oct 2, 20 @ 11:09 am:
Once again, the chief criminal element turns out to be the the police. I’m sure they’ll have plenty of time to enforce the law against Black and Hispanic people in Rockford, but of course not against this open conspiracy they are participating in to break public health laws.
- Ducky LaMoore - Friday, Oct 2, 20 @ 11:12 am:
For some reason or another, I feel like this will be the State Police Captain’s reaction….
https://www.youtube.com/watch?v=452XjnaHr1A
- Norseman - Friday, Oct 2, 20 @ 11:15 am:
When the results of your behavior or choices only affect you, then have at it - more power to you. When your behavior risks my health and safety and that of my family, government has a duty to act. Too many folks don’t understand that basic tenet of our country or are too enamored by the allure of treasure to care.
I empathize with the businesses that are adversely affected, but I’m disgusted by the government officials who refuse to uphold their obligations to their constituents.
- Groundhog Day - Friday, Oct 2, 20 @ 11:26 am:
Plus one for what Honeybear says
- ChicagoBars - Friday, Oct 2, 20 @ 11:27 am:
Where’s the lawsuit filed? Didn’t see it on Pacer or the old timey search engine for DeKalb County Clerk of Court?
- Zim - Friday, Oct 2, 20 @ 11:36 am:
I have my libertarian leanings, but I also argue there’s nothing libertarian about denying and defying scientific evidence and frankly, plain common sense, when it comes to wearing masks and social distancing. I don’t wear a mask and practice social distancing because government officials say I’m required to. I do both because the data regarding the effectiveness of both is quite clear. As COVID has laid bare, scientific literacy is sorely lacking in our country.
Folks like these are why other countries will rebound much quicker than the US, and we’ll be stuck with COVID and its deleterious effects on public health and the economy much longer than so much of the rest of the world. Maybe if we just keep burying our heads in the sand, COVID will disappear. Sigh.
- Jibba - Friday, Oct 2, 20 @ 11:37 am:
I have eaten in some of these restaurants. Never again.
- IL Concerned - Friday, Oct 2, 20 @ 11:47 am:
Does the sheriff’s statement about knowing the ISP Director and being on the same page about this… put the ISP Director and Agency in direct defiance of the Governor’s wishes?
- walker - Friday, Oct 2, 20 @ 11:52 am:
I get that for some business owners it’s “Force me out of business via public health guidelines, or close me down for ignoring them.”
Sorry, but that’s a pandemic-driven reality that cannot be denied or evaded by a smooth-talking lawyer with little hope of success in court.
As to law enforcement professionals choosing not to act upon certain violations, they have some discretion, but hopefully not in cases as dangerous to the public as these.
- Rich Miller - Friday, Oct 2, 20 @ 11:56 am:
===put the ISP Director and Agency in direct defiance of the Governor’s wishes? ===
LOLOL
No
- Brewmaster - Friday, Oct 2, 20 @ 11:57 am:
“The governors wishes” are largely irrelevant to most of us, it’s long past time for the GA to weigh in on the matter. When they have to put some votes on record to shut down a constituents business, they might change their tune.
- Rich Miller - Friday, Oct 2, 20 @ 11:57 am:
ChicagoBars, click the link and email the reporter would be my suggestion
- Oswego Willy - Friday, Oct 2, 20 @ 12:01 pm:
===“ The governors wishes” are largely irrelevant to most of us, it’s long past time for the GA to weigh in on the matter.===
It’s not happening
What else ya got from Facebook?
- Demoralized - Friday, Oct 2, 20 @ 12:01 pm:
==“The governors wishes”==
They aren’t “wishes.” They are lawful Executive Orders.
==are largely irrelevant to most of us==
Because you’re a covidiot. And that attitude is why things are as bad as they are.
==it’s long past time for the GA to weigh in on the matter.==
They already have when they declined to take it up during the last session.
- Oswego Willy - Friday, Oct 2, 20 @ 12:04 pm:
=== “The governors wishes”===
The courts are siding with the Governor.
So there’s that too.
- Ducky LaMoore - Friday, Oct 2, 20 @ 12:05 pm:
If the GA did come together and vote on “something,” do you think that “something” would give the governor wider power or would it narrow his power? If you are anti-restrictions when it comes to Covid, the last thing you want is for the legislature of this state to become involved.
- TheInvisibleMan - Friday, Oct 2, 20 @ 12:08 pm:
I’ve lost all trust and faith in county sheriffs departments.
What I’d like to see the GA do is pass a bill that strips any sheriff of his post when they openly advocate for not doing their job.
You’re telling the public you don’t want to do your job. If that’s how you really feel, find another job. It takes a stunning lack of integrity to openly admit you aren’t going to do your job, and expect to keep your job. That lack of integrity on display is why my trust in sheriffs departments has evaporated.
- Unconventionalwisdom - Friday, Oct 2, 20 @ 12:09 pm:
“that they are under no legal obligation to cease indoor and food and beverage sale”
Is this really true? Anybody out there have a firm handle on the legality of this issue?
- Oswego Willy - Friday, Oct 2, 20 @ 12:12 pm:
=== Is this really true? Anybody out there have a firm handle on the legality of this issue?===
Use the Google?
- JS Mill - Friday, Oct 2, 20 @ 12:13 pm:
=it’s long past time for the GA to weigh in on the matter.=
They did, they support the governor. Try and keep up, even if you don’t like the answer.
The Lee county health dept director was quoted in the Dixon paper saying they will not be ramping up enforcement. The LCHD is actually pretty good, our school has worked with them quite a bit. But I suspect she has already received a call from the IDPH today to help her. understand what they have to do.
- Socially DIstant Watcher - Friday, Oct 2, 20 @ 12:15 pm:
=== “The governors wishes”===
The governor is not acting on his wishes, he’s acting on science and in the public interest. He’s said time and again that he doesn’t want to do this, he’s compelled to do this in support of his oath.
- JustaThought - Friday, Oct 2, 20 @ 12:18 pm:
According to the DeKalb County Health Department’s last update on its website, the COVID positivity rate is 6.6%. From yesterday’s article discussing excluding U of I student testing from Region 6, I think an important question surrounding the DeKalb matter is, what would the positivity rate be in DeKalb if NIU’s mandatory student surveillance testing was excluded? We know the number of overall tests affects the positivity rate. What has happened in Region 6 shows that the more tests administered can potentially push down the positivity rate. Therefore, counties with higher education institutions implementing mandatory testing potentially have an advantage with numbers.
- Oswego Willy - Friday, Oct 2, 20 @ 12:20 pm:
=== We know the number of overall tests affects the positivity rate.===
If this is *another* “we need to stop testing” …
- Give us Barabbas - Friday, Oct 2, 20 @ 12:25 pm:
I’m kind of with Honey Bear here, but I’ve consistently argued that it only takes actually yanking a handful of liquor and food licenses to show these outliers that it isn’t a bluff. Why do the many other good people and establishment owners have to suffer more financial hardship thru escalated mitigation, so that a couple of scofflaws can act tough? The first law of child discipline is that you set limits and consequences and you must. be. consistent. in enforcing those consequences… or you have taught the kid that there are no rules at all. And these scofflaws are acting just like children who have never experienced cause and effect before.
I’m shocked DeVore hasn’t been dragged in front of the ARDC yet for malpractice.
- dbk - Friday, Oct 2, 20 @ 12:36 pm:
Guess the ISP have made their position clear.
On a more general note re: the Gov, although I’m far away and don’t have any first-hand knowledge, my overall impression is that he’s a very decent human being, a very hard-working CEO (both in business and the business of the state), and that he likely runs a pretty tight ship. Some people appear to believe that being nice and hard-working are equivalent to “weak.”
They’re not. They’re indicative of strength, and honestly, if the Gov decides he’s had enough of this, those who cross him again will feel it.
Illinois nice can show another face, as all of us should know, being Illinoisans.
- Jocko - Friday, Oct 2, 20 @ 12:36 pm:
==they would not enforce or support the state’s additional COVID-19 mitigation strategies for northwest Illinois.==
Since they’re close, why don’t they pull up stakes and make for Wisconsin. Freedom from Covid is doing wonders for them. /S
- Unconventionalwisdom - Friday, Oct 2, 20 @ 12:46 pm:
- Oswego Willy - Friday, Oct 2, 20 @ 12:12 pm:
=== Is this really true? Anybody out there have a firm handle on the legality of this issue?===
Use the Google?=
Don’t need your ’smart’ comment. If you have nothing to say that adds, just keep quiet for a change.
- lake county democrat - Friday, Oct 2, 20 @ 12:50 pm:
–all of whom assured attendees that they would not enforce or support the state’s additional COVID-19 mitigation strategies for northwest Illinois.–
Cue a mealy-mouth statement from Governor Pritzker about “what people need to realize is…” in 3…2…1
- Oswego Willy - Friday, Oct 2, 20 @ 12:50 pm:
=== Don’t need your ’smart’ comment.===
How about the court cases and rulings, find those yet?
Very well, how about the case with fines, I used the Google, pretty easy, Rich did a post;
Here’s a link; shorturl.at/nCKS3
No?
What else are you looking for?
- DownSouth - Friday, Oct 2, 20 @ 1:02 pm:
Thinking I’d sort of like to see Jordan and DeVore face off in a debate…maybe with Rich as moderator.
- Big Jer - Friday, Oct 2, 20 @ 1:05 pm:
Plus one for what HoneyBear and Give us Barabbas said.
===Adding: “The first law of child discipline is that you set limits and consequences and you must. be. consistent. in enforcing those consequences… or you have taught the kid that there are no rules at all”===
I read somewhere that if you want to change a child’s behavior you praise them as especially young children seek approval and affirmation from their parents. If you want to change an adults behavior then you punish them i.e consequences. I am not sure I agree totally with that view but in this case consequences seem necessary.
Supporting what Barabbas said, an old psychologist friend of mine used to say that many adults are just Grown Wounded (Psychologically) Children.
- Brewmaster - Friday, Oct 2, 20 @ 1:06 pm:
**I was also told that the Illinois State Police will be in Region 1 enforcing the public health emergency rules**
I wanna see that.
1. There aren’t enough troopers.
2. Troopers in rural areas aren’t going to stir up trouble when local law enforcement won’t support them.
- Rich Miller - Friday, Oct 2, 20 @ 1:09 pm:
===I wanna see that===
Careful what you wish for, boy.
- Oswego Willy - Friday, Oct 2, 20 @ 1:10 pm:
=== Troopers in rural areas aren’t going to stir up trouble===
They’re not going to do their job?
Huh. What do you base this on? Lemme guess “you know”, amirite?
And locals defying the troopers? You don’t think that would make news? “Cops defy Cops?
===There aren’t enough troopers===
Only need to close down a few places then others will get the hint. That, or fines and fees to those like DeVore, as they make money and the locations lose more money beyond what it works cost to comply.
I know… “… ‘Merica”
- thisjustinagain - Friday, Oct 2, 20 @ 1:30 pm:
I’m considering filing a complaint on DeVore’s law license for violating a number of ARDC rules which govern attorneys. He continues to advocate ignoring lawful EO’s upheld in State and Federal courts, and continues to cause to be filed frivolous suits with claims unsupported in law. Maybe it will take a long time, but this might be a way to cramp his fleecing of clients.
- In 630 - Friday, Oct 2, 20 @ 1:34 pm:
They’ve misdirected their anger of course. The problem isn’t the state response, it’s always been the lack of action from DC to support businesses and have real, national response to a pandemic that’s left the whole country adrift that’s the problem.
- Stu - Friday, Oct 2, 20 @ 1:48 pm:
===From yesterday’s article discussing excluding U of I student testing from Region 6, I think an important question surrounding the DeKalb matter is, what would the positivity rate be in DeKalb if NIU’s mandatory student surveillance testing was excluded?===
Excluding 125 mandatory NIU tests per day is not going to move the needle much if at all.
UIUC is averaging around 9000 tests a day. THAT will move the needle.
- Pundent - Friday, Oct 2, 20 @ 1:54 pm:
When considering UIUC it’s also important to know that they are testing everyone. While tests are now widely available throughout the state the reality is that most people that are undergoing testing are doing so because they have either come in contact with someone who has Covid-19 or they have symptoms. The argument for excluding UIUC is that they are drawing from a much different data set given the way that the testing process has been established. That same argument doesn’t apply to NIU and as noted above whether those results are in or out of the data isn’t going to change things much.
- Chicago Cynic - Friday, Oct 2, 20 @ 1:58 pm:
What is truly mind boggling about this is that they should just look around. Previous regions that had spiking cases had some mitigation and their cases came down. They then got to reopen. In other words, the GOVERNOR’S APPROACH IS WORKING. So suck it up, put on the mask, mitigate and then you can get back in business. It’s not complicated.
But I suppose grifters gonna take advantage of the angry suckers and grift. Sigh.
- From DaZoo - Friday, Oct 2, 20 @ 2:09 pm:
OW - I didn’t read _Justathought_’s comment as a “stop the testing” but as a question based on the article(s) yesterday on how positivity rates in Champaign County are shown with and without UIUC numbers. Should the same with and without apply to DeKalb County? Although given DeKalb Co’s 7.4% rate which includes NIU, excluding NIU data will likely make the County numbers worse.
- Oswego Willy - Friday, Oct 2, 20 @ 2:18 pm:
=== Should the same with and without apply to DeKalb County? Although given DeKalb Co’s 7.4% rate which includes NIU, excluding NIU data will likely make the County numbers worse.===
I think that’s why I need some clarification, and further, what is the rationale of either or all in that as it was written in comments.
It would help me to know what is trying to be framed to a discussion.
Maybe our back and forth will lead to the clarity.
- yinn - Friday, Oct 2, 20 @ 2:39 pm:
Chicago Bars, it was filed yesterday with the DeKalb County Circuit Clerk. The actual complaint is not online, just the docket sheet and list of participants. Case number is 2020CH000065. Both Shaw and WLBK Radio reported it today.
- Tommydanger - Friday, Oct 2, 20 @ 2:56 pm:
TRO denied in DeKalb County
- yinn - Friday, Oct 2, 20 @ 3:03 pm:
DeKalb County only counts NIU cases where staff and students live here permanently, but nobody says “This many of the NIU cases today are DeKalb County cases.” The only sure answer is “some of them.” Which brings me to the question of when the person’s case becomes a statistic in a particular county, because if a person lives in one county and works in another it sometimes takes weeks for the home county to follow up with them.
- Skeptic - Friday, Oct 2, 20 @ 3:11 pm:
“Troopers in rural areas aren’t going to stir up trouble” You mean some of them wouldn’t immediately and respectfully comply with the lawful instructions of a law enforcement officer?
- yinn - Friday, Oct 2, 20 @ 3:15 pm:
Daily Chronicle posted the complaint: https://tinyurl.com/y43gg6qy
- Soccermom - Friday, Oct 2, 20 @ 3:17 pm:
thisjustinagain
Do it
- yinn - Friday, Oct 2, 20 @ 3:23 pm:
Don’t you have to be a directly injured party to file an ARDC complaint?
- Is it 2021 yet - Friday, Oct 2, 20 @ 3:48 pm:
Shouldn’t he win some cases before he gives legal advice?
- JoanP - Friday, Oct 2, 20 @ 4:21 pm:
=Don’t you have to be a directly injured party to file an ARDC complaint? =
No. In fact, if you are an attorney and become aware of behavior that violates the Code of Professional Responsibility, you are required to report it.
Furthermore, the ARDC can start their own investigations even in the absence of a complaint, if they otherwise become aware of such behavior. For example, if an appellate court opinion calls out an attorney for improper conduct, the ARDC might open an investigation.