Capitol Fax.com - Your Illinois News Radar » That isn’t ending well
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
That isn’t ending well

Thursday, Oct 15, 2020

* October 7

A lawyer representing three Rockford restaurants has submitted a cease and desist letter to the Winnebago County Health Department, claiming intimidation tactics in the enforcement of Gov. JB Pritzker’s latest coronavirus mitigation orders.

Thomas DeVore, Managing Attorney of Silver Lake Group, Ltd., sent a letter addressed to WCHD Director Dr. Sandra Martell on Wednesday, on behalf of Fozzy’s Bar & Grill, Nora’s Place and Casey’s Pub.

Nick Fosberg, the owner of Fozzy’s Bar and Grill, says he wants proof that restaurants and bars are the reason behind the spike.

* October 14

The Winnebago County Health Department is taking enforcement action against some locally owned businesses for continued defiance of Gov. JB Pritzker’s latest Region 1 COVID-19 restrictions.

On Wednesday, Neighbor’s Bar and Grill, Fozzy’s Bar and Grill, and Doc’s Diner were all given Order of Closures by the WCHD.

Health officials say that “a reasonable belief exists that the premises identified in this Order has engaged or is suspected of engaging in a significant amount of activity likely to spread the following dangerously contagious or infectious disease: COVID-19.”

* Meanwhile, background is here if you need it. Doug Finke

Attorneys argued over the extent of Gov. JB Pritzker’s emergency authority Wednesday, but will have to wait on a decision in the case.

Sangamon County Circuit Judge Raylene Grishow said she will rule as soon as possible, but it appears that won’t happen for more than a week. She gave attorneys until Oct. 23 to submit final paperwork that could be used in her decision.

Grishow heard arguments on three issues Wednesday, the biggest being whether lawsuits filed in six counties challenging Pritzker’s authority to issue stay at home orders and other measures to fight the coronavirus pandemic should be dismissed. […]

Pritzker’s attorneys initially argued that DeVore shouldn’t be allowed to make oral arguments Wednesday because he missed deadlines to file briefs, deadlines Grishow said would be strictly enforced. Grishow said that while she wanted her
deadlines met, she could allow DeVore to make his case.

He’s had how long to prepare briefs and still missed the deadline after a warning from the judge?

* Capitol News Illinois

During a hearing Wednesday, Assistant Attorney General Darren Kinkead argued that all of the cases should be dismissed because, in the case of public health emergencies, the state’s Emergency Management Act gives the governor broad authority to act proactively in order to prevent the spread of a disease.

Specifically, the law allows for the declaration of a public health emergency whenever there is “widespread exposure to an infectious or other toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.”

Kinkead argued that it was “legally irrelevant” whether or not there have been a large number of cases or deaths in a particular county because the statute requires only the existence of widespread exposure and a risk of substantial future harm.

And even if the plaintiffs could get past that hurdle, Kinkead argued, the cases should still be dismissed because the plaintiffs had not provided evidence that there is no public health emergency in their county. […]

As the hearing ended, Judge Raylene D. Grischow said she intends to rule within the next two or three weeks. She gave attorneys on both sides until Oct. 23 to submit proposed orders. She said she will use one of the proposals as the basis for the final order.

- Posted by Rich Miller        

13 Comments »
  1. - truthteller - Thursday, Oct 15, 20 @ 7:53 am:

    what ends the nonsense would be the state AG office getting reimbursed for all the time associated with addressing nothing more that harassment law suits.


  2. - TheInvisibleMan - Thursday, Oct 15, 20 @ 8:18 am:

    What baffles me is why the IDFPR or the bar association hasn’t chimed in on DeVore yet.

    I can’t imagine a lawyer who was telling people to drink and drive, because “it’s not illegal”, would last very long with a license to practice law in the state.

    As far as these restaurants demanding proof, hang them by their own petard…

    Stop in to one of these petri dishes and as soon as the owner comes up to you, shove your hand down the back of your pants and dig around for a few seconds. Pull your hand out, and extend it to the owner for a friendly handshake. When they give you a funny look, demand proof of their obvious concern at shaking your hand. Then start touching everything in sight.


  3. - Decatur Native - Thursday, Oct 15, 20 @ 8:47 am:

    I know this isn’t exactly proof that bars are causing it but one of our local breweries/bars here in Decatur just had an employee test positive for COVID 19. I suppose the coming days will show how much it spread.

    Unrelated note: Our mayor just said she has tested positive.


  4. - JoanP - Thursday, Oct 15, 20 @ 9:36 am:

    =He’s had how long to prepare briefs and still missed the deadline after a warning from the judge? =

    If he worked on the briefs he’d have less time to go to maskless rallies to drum up business.


  5. - DirtLawyer - Thursday, Oct 15, 20 @ 9:55 am:

    I’m sure the judge knows that Rule 137 sanctions can be invoked upon the court’s own motion.


  6. - Pot calling kettle - Thursday, Oct 15, 20 @ 10:02 am:

    ==If he worked on the briefs he’d have less time to go to maskless rallies to drum up business. ==

    “Your honor, I’ve been so busy filing frivolous lawsuits in other jurisdictions that I did not have the time to write a brief for this one.”


  7. - Facts Matter - Thursday, Oct 15, 20 @ 10:20 am:

    According to his Facebook posts, it appears he was in Branson last weekend.


  8. - Grimlock - Thursday, Oct 15, 20 @ 10:38 am:

    On a related note, Fox Run in Springfield, another client of DeVore, now has a GoFundMe page. In the last 24 hours they have raised a whooping $20 and a lot of internet commenters who don’t feel bad for the restaurant at all.


  9. - Give Me A Break - Thursday, Oct 15, 20 @ 10:48 am:

    Fox Run the establishment who determines which laws and regulations they choose to follow and defies those they don’t like. They love being able to endanger their customers and staff and call it defying tyranny.


  10. - Dotnonymous - Thursday, Oct 15, 20 @ 11:18 am:

    Wishing Decatur’s Mayor well.


  11. - Lurker - Thursday, Oct 15, 20 @ 1:01 pm:

    Fox Run is hurting scheels. Their clientele like having an audience for their views, so they are spouting off maskless in groups, usually after they eat and drink.


  12. - Someone you Should Know - Thursday, Oct 15, 20 @ 1:14 pm:

    This is why we can’t have nice things :)


  13. - Huh? - Thursday, Oct 15, 20 @ 7:30 pm:

    I am shocked that a public health department would ignore a debore cease and desist order and shut down a restaurant for violating the governor’s executive orders. /s


TrackBack URI

This is not Facebook, so uncivil comments, profanity of any kind, rumors and anonymous commenters will not be tolerated and will likely result in banishment.



* Question of the day
* It's official: IDPH mitigation measures announced for Chicago
* Sign of the times
* *** UPDATED x2 *** Chicago appears to trigger IDPH mitigation with huge hospitalization growth, as statewide figures show 4,000 new cases, 46 additional deaths, 2,758 hospitalized and a 6.4 percent positivity rate
* Today's must-read
* A pattern is developing
* *** UPDATED x1 *** Kane County judge cites misinformation in restaurant TRO decision
* SUBSCRIBERS ONLY - Update to today's edition
* Did the Republicans catch Bustos off guard?
* "This division will not save us"
* Open thread
* SUBSCRIBERS ONLY - Supplement to today's edition and some campaign news
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* *** LIVE COVERAGE ***
* SUBSCRIBERS ONLY - Fundraiser list, campaign news, TV ads
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller