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Another total legal smackdown for Tom DeVore and Darren Bailey

Monday, Dec 21, 2020 - Posted by Rich Miller

* From the governor’s press secretary Jordan Abudayyeh…

You’ll recall that the Supreme Court moved Darren Bailey’s Clay County case to Sangamon County and consolidated it with the other DeVore Covid cases. The AG’s Office asked Judge Grischow in Sangamon Co to reconsider Judge McHaney’s July 2nd decision to grant summary judgment to Bailey and against the State. Today, Judge Grischow ruled in our favor – vacating Judge McHaney’s decision entirely. Her ruling is attached.

Also, on October 22nd, Bailey filed a motion before Judge Grischow asking her to find the Governor in indirect civil contempt for failing to comply with Judge McHaney’s summary judgment order. Today, Judge Grischow denied that insane and utterly frivolous motion. Her short ruling is attached.

* Highlights

Motion for Summary Judgment - Count II

Judge McHaney’s Order declared that the Governor’s emergency powers under Section 7 of the IEMAA lapsed on April 8, 2020 and that any executive orders relating to COVID-19 were “void ab initio.” In entering this Order, the Clay County court erred in its application of the law. The Governor is not limited to one disaster declaration. […]

Motion for Summary Judgment - Count III

Judge McHaney said the Governor has no constitutional authority as Governor under the cited provisions of the IEMAA to restrict a citizen’s movement or activities and to forcibly close businesses because any such authority was restricted to the Department of Health. This Court has previously held that the State’s police powers authorize measures to be implemented to protect its citizens when confronted with contagious diseases and other threats to public health and safety. Again, this Court reiterates that the state’s police powers are outlined in both the state and federal constitution and supports the Governor’s actions in combating this pandemic. Without such authority the state would be paralyzed to act when needed. The Illinois constitution provides the Governor with supreme executive authority. […]

Department of Public Health

As to Judge McHaney’s opinion that the Governor’s actions are unlawful because such powers have been expressly delegated to the department of public health, this is also improper. The Public Health Act places no restrictions on the Governor’s emergency powers that exist under the IEMAA. Section 2(m) of the Public Health Act specifically states that “nothing in this section shall supersede the procedures set forth in the IEMAA. […]

No legal basis to bind all Illinois citizens

Judge McHaney’s ruling specifies that his order applies to all Illinois citizens. In order to be bound by a judgment, generally, the individual must be a party to the lawsuit. In this case, only Bailey and the Governor were parties on July 2, 2020. This Court did not find any motion requesting class certification, nor did the Court find any pleaded facts to bring the matter within the statutory prerequisites for a class action. This portion of the Judge McHaney’s Order has no basis in law. […]

For all of the reasons outlined above, this Court is vacating the July 2, 2020 Order that granted summary judgment on counts II and III of Bailey’s amended complaint. This court is also vacating the order wherein Judge McHaney applied it to “all citizens of the state of Illinois.”

The denial of Bailey’s request for an order of indirect civil contempt against the governor is here.

* Tom DeVore predicted the other day that the ruling would be unfavorable, but said

So, the court in Sangamon County has no discretion as it relates to what would be known as Count Two of Mr Bailey’s complaint. She has to reconsider and set that aside, at the moment she doesn’t have any discretion, because again of a completely unrelated [appellate] case up north.

So once that happens, it will probably happen next week, then we will continue in that case because the case doesn’t go away. We will argue, again in front of her probably at the beginning of the year, my client’s position on why the 30 days is improper, which I think if we can do a better job of that, which will ultimately get that in front of the Fourth Appellate District here in Springfield, and they will take that issue up.

Yeah, that’ll work. Right. Also, she ruled against them on Count III and the statewide issue and the civil contempt issue.

That’s an 0-4 record on one day.

  26 Comments      


Company continues fight to close South Side hospital

Monday, Dec 21, 2020 - Posted by Rich Miller

* January

Four struggling South Side Chicago hospitals plan to merge into a single health care system with one new, state-of-the-art hospital and a network of community health centers under a $1.1 billion plan announced Thursday.

Advocate Trinity Hospital, Mercy Hospital & Medical Center, South Shore Hospital and St. Bernard Hospital — serving some of the city’s most impoverished communities — had been negotiating the transformation since last year, guided by the Illinois Department of Healthcare and Family Services, overseer of the Medicaid program poorer patients rely on.

* May

Four struggling South Side hospitals that had tentatively agreed to combine into one health care system are abandoning their billion-dollar plan after hospital officials say state legislators failed to approve crucial funding. […]

Hospital officials asked for a total of $520 million over five years from the state. That support would have funded a significant portion of the $1.1 billion plan, which also would have finances through existing assets, private philanthropy and future operating revenue. […]

“In this moment, with so many things in flux with our state budget, it was nearly impossible for the General Assembly to go forward with a billion-dollar program,” Gov. JB Pritzker said at an unrelated press conference Wednesday. “I know that timing makes it very, very difficult for those hospitals.”

The lack of funding likely will force hospitals to close or cut more services, officials said in an open letter to Theresa Eagleson, director of the state’s Department of Healthcare and Family Services.

Also from May

Members of the Illinois Legislative Black Caucus expressed concerns about the plan. Democratic Rep. Marcus Evans of Chicago says he didn’t oppose the project, but felt the hospitals didn’t provide enough detail about their plans.

* December 7th

Protesters on Monday blocked a street outside the Thompson Center and called for city and state officials to block the planned closure of Mercy Hospital, which, they say, would result in deaths in the Black community that it serves.

“We’re asking that the governor as well as the mayor do what needs to be done to make absolutely sure that this hospital stays open to service the Black community,” Robert Jones, pastor of Mt. Carmel Baptist Church, said during the protest.

* And then

At the conclusion of a “long and brutal” meeting, the six-person Illinois Health Facilities and Services Review Board unanimously voted this week to deny the hospital’s proposal. Following Tuesday’s decision, Mercy Hospital executives have 14 days to appeal, as well as the opportunity to present the board with a new plan.

“I do not believe Mercy has made a reasonable case that [withdrawing] their services will not have an extremely negative impact on the South Side of Chicago,” board member Dr. Linda Rae Murray said before casting her “no” vote Tuesday.

* But, this is from the Kenwood Oakland Community Organization…

Even with a ruling by the Illinois Health Facilities and Services Review Board that blocks the imminent closure of Mercy Hospital, hospital executives are planning to pursue their shutdown plan. Ultimately, Mercy could take the state to court, or the hospital could just close and be fined. The fine is $10,000, plus another $10,000 for every 30 days the hospital stays closed without permission from the board.

* The hospital’s finances are looking up this year, but are not so great overall

The transformation plan was developed due to significant changes in MHSC’s health care environment, including substantial declines in both inpatient and outpatient volumes, and cumulative deficiency of revenue over expenses at the Hospital and Medical Center totaling $303.2 million over the last seven fiscal years. […]

The Hospital and Medical Center recorded operating revenue of $275.6 million and excess of revenue over expense of $4.1 million, aided by significant state and CARES Act funding, for the year ended June 30, 2020. During the year ended June 30, 2019, the Hospital and Medical Center recorded operating revenue of $238.5 million, and incurred a deficiency of revenue over expenses of $36.4 million.

If you take a look at this recent audit, you’ll see that the not-for-profit holding company has billions in net assets.

* Closing with a KOKO press release excerpt from today…

“We’ve lost four hospitals from the Black community in the last four years,” [Jitu Brown, national director of the Journey for Justice Alliance] said. “And we’ve seen in this pandemic the huge disparity in access to health care that has left our communities fighting to breathe. We need more health care, not less. And we need it now more than ever. Gov. Pritzker represents us, not Trinity. We expect him to follow through on his earlier statements and make sure his administration keeps the doors of Mercy Hospital open.”

In a letter to Trinity’s CEO, Michael Slubowski, Illinois Gov. J.B. Pritzker had noted that Trinity’s other three hospitals operating in the state will net more than $75 million in state aid.

“I implore that you reconsider your decision to close Mercy Hospital and that you work diligently with any potential interested parties who are capable of taking over the operations of Mercy for a health care purpose,” Pritzker said in the letter.

  9 Comments      


Human service providers beg governor to stop planned cuts

Monday, Dec 21, 2020 - Posted by Rich Miller

* Background is here if you need it. Open letter

Dear Governor Pritzker,

We know that you and your administration agree that health and human services benefit every community, and ensure all Illinoisans can reach their full potential. Thus, we are greatly ​concerned about the $200 million in budget reductions to health and human services​ announced this week. On behalf of our 800+ partners around the state, we are writing to request specific information about these budget reductions as soon as possible. Our coalition still needs ​clarity, predictability, and partnership from your administration.

As we face an unpredictable climate in 2021, our coalition supports solutions that protect lower-income communities from further economic disparity, and that give our partners the tools they need to provide equitable access to care. We know you agree that it’s time to ​erase the line between health and human services​. We wholeheartedly stand with you in calling for ​structural solutions​ and the tearing down of systemic health and economic inequalities in our communities. That’s why Illinois Partners for Human Service supported a higher minimum wage and the Fair Tax ballot measure, and why we center the pursuit of equity ​and the ​dismantling of systemic racism​ in our work.

The stable foundation provided by the human services sector has been threatened in recent months by higher​ ​costs, ​due to elevated staffing ratios and COVID sanitation protocols. Simultaneously, human services providers ​lost revenue,​ due to cancelled in-person events and fewer billable hours. As a result, almost ​50% of human services employers in Illinois are worse off financially​ entering 2021.

Cuts to health and human services threaten well-being for everyone​. Our sector cannot, and does not, “close.” Caseloads may be temporarily suppressed, as COVID-19 throttles access to care and disrupts employment. But, we know that as the state re-opens, this trend will reverse. Our communities will benefit if our human services sector remains well equipped to support all kinds of people across the lifespan. ​Now is the time to rebuild, not tear down.

We are grateful for your entire administration’s tireless work during this extraordinarily challenging year. We will continue to support your efforts, while remaining firm in our call to invest in health and human services so that all of Illinois’ residents, neighborhoods, and communities can achieve well-being.

Sincerely,
Lauren Wright,
Executive Director of Illinois Partners for Human Service
182 human services stakeholders statewide (see following pages)

Click here for the full list.

  26 Comments      


Question of the day: Golden Horseshoe Awards

Monday, Dec 21, 2020 - Posted by Rich Miller

* The 2020 Golden Horseshoe Award for Lifetime Achievement goes to Kathy Murray

For two decades Kathy Murray has been the staff mom for so many young adults. She fed them, she kept them on track, she kept them in good spirits during very late nights and long weekends of working. Staffers missed so many family gatherings because of their loyalty to their work and Kathy always made the staff feel like family. Her humor, songs, and homemade cakes will remain loving memories for 20 years worth of Speaker’s staffers. Kathy Murray is simply the best. A lot of people owe her many thanks for helping them become the professionals they are today.

Vicki Thomas, Sen. Pat McGuire, Julie Sullivan and the late Bob Molaro all receive honorable mention, but Kathy was the overwhelming favorite.

* On to today’s category…

Best Use of Social Media in Illinois Politics

This can go to anyone who is involved in the arena of state politics, including members, administration officials, reporters, lobbyists, staff, etc., etc. Just make sure to explain your nomination or it won’t count.

  37 Comments      


4,699 new confirmed and probable cases; 98 additional deaths; 4,460 hospitalized; 981 in the ICU; 7.5 percent case positivity rate; 9.3 percent test positivity rate

Monday, Dec 21, 2020 - Posted by Rich Miller

* Today

The Illinois Department of Public Health (IDPH) today reported 4,699 new confirmed and probable cases of coronavirus disease (COVID-19) in Illinois, including 98 additional deaths.

    Bureau County: 1 male 90s
    Champaign County: 1 female 80s
    Cook County: 1 male 30s, 2 males 40s, 2 females 50s, 3 males 50s, 5 females 60s, 7 males 60s, 8 females 70s, 8 males 70s, 13 females 80s, 13 males 80s, 5 females 90s, 2 males 90s, 1 female over 100
    DuPage County: 1 male 70s, 2 males 90s
    Effingham County: 1 male 90s
    Hamilton County: 1 male 90s
    Kane County: 1 male 50s, 1 male 90s
    Lake County: 1 male 60s, 2 female 90s
    LaSalle County: 1 female 70s
    Madison County: 2 males 70s, 2 males 80s, 1 female 90s
    Morgan County: 1 male 80s
    Rock Island County: 1 male 50s, 2 females 80s
    Stephenson County: 1 female 90s
    Tazewell County: 1 female 80s
    Washington County: 1 male 80s
    Will County: 2 males 80s, 1 male 90s

Currently, IDPH is reporting a total of 905,069 cases, including 15,299 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 86,454 specimens for a total 12,520,979. As of last night, 4,460 in Illinois were reported to be in the hospital with COVID-19. Of those, 981 patients were in the ICU and 546 patients with COVID-19 were on ventilators.

The preliminary seven-day statewide positivity for cases as a percent of total test from December 14 – December 20, 2020 is 7.5%. The preliminary seven-day statewide test positivity from December 14 – December 20, 2020 is 9.3%.

*All data are provisional and will change. In order to rapidly report COVID-19 information to the public, data are being reported in real-time. Information is constantly being entered into an electronic system and the number of cases and deaths can change as additional information is gathered. Information for a death previously reported has changed, therefore, today’s numbers have been adjusted. For health questions about COVID-19, call the hotline at 1-800-889-3931 or email dph.sick@illinois.gov.

* Sunday

The Illinois Department of Public Health (IDPH) today reported 6,003 new confirmed and probable cases of coronavirus disease (COVID-19) in Illinois, including 79 additional deaths.

    Adams County: 1 male 70s
    Bureau County: 1 female 80s
    Christian County: 1 male 80s
    Cook County: 1 male 40s, 1 male 50s, 1 female 60s, 9 males 60s,3 females 70s, 4 males 70s, 8 females 80s, 4 males 80s, 3 females 90s, 4 males 90s, 1 female over 100
    DuPage County: 1 female 40s, 2 females 80s, 1 male 80s
    Fayette County: 1 female 80s
    Hancock County: 1 male 90s
    Jefferson County: 1 male 80s
    Kane County: 2 males 50s, 1 male 80s
    Knox County: 1 male 80s, 1 female 90s
    Lake County: 1 male 70s
    Lee County: 1 male 90s
    Madison County: 1 female 80s, 1 male 90s
    Montgomery County: 1 male 60s
    Ogle County: 1 male 80s
    Peoria County: 1 male 70s, 1 female 80s
    Perry County: 1 male 70s
    Rock Island County: 1 female 70s
    Sangamon County: 1 male 50s, 1 female 80s
    Tazewell County: 1 male 60s
    White County: 1 female 60s
    Whiteside County: 2 males 70s, 2 males 80s, 2 females 90s, 1 male over 100
    Will County: 1 female 60s, 1 female 70s, 1 male 80s, 1 male 90s

Currently, IDPH is reporting a total of 900,370 cases, including 15,202 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 78,079 specimens for a total 12,434,525. As of last night, 4,389 in Illinois were reported to be in the hospital with COVID-19. Of those, 991 patients were in the ICU and 546 patients with COVID-19 were on ventilators.

The preliminary seven-day statewide positivity for cases as a percent of total test from December 13 – December 19, 2020 is 7.8%. The preliminary seven-day statewide test positivity from December 13 – December 19, 2020 is 9.6%.

* Saturday

The Illinois Department of Public Health (IDPH) today reported 7,562 new confirmed and probable cases of coronavirus disease (COVID-19) in Illinois, including 108 additional deaths.

    Bureau County: 1 male 80s
    Champaign County: 1 female 90s
    Christian County: 2 females 90s
    Coles County: 1 male 70s, 1 female 90s
    Cook County: 1 female 50s, 2 males 50s, 2 males 60s, 7 males 70s, 3 females 80s, 4 males 80s, 4 females 90s, 2 males 90s
    Crawford County: 1 female 80s
    DeKalb County: 2 females 60s, 1 female 70s
    DuPage County: 3 males 60s, 1 female 70s, 2 females 80s, 2 males 80s
    Edgar County: 1 male 80s
    Franklin County: 1 female 80s
    Fulton County: 1 female 40s, 1 male 70s
    Hancock County: 1 female 70s
    Iroquois County: 1 male 70s
    Kane County: 1 female 50s, 1 male 60s, 1 female 70s, 1 female 80s, 2 males 80s, 1 male 90s
    Kankakee County: 1 female 60s, 2 females 70s, 1 male 80s
    Lake County: 1 female 80s, 2 females 90s, 2 males 90s
    LaSalle County: 3 males 70s, 1 female 80s, 1 male 80s
    Lawrence County: 1 female 90s
    Lee County: 1 male 80s
    Macoupin County: 1 male 70s
    Madison County: 1 female 70s, 1 male 70s, 1 male 80s, 1 female 90s
    Mason County: 1 male 70s, 1 female 80s
    McHenry County: 1 female 80s
    Moultrie County: 1 female 80s
    Ogle County: 1 male 60s, 1 female 80s
    Peoria County: 3 females 80s
    Randolph County: 1 female 90s
    Richland County: 1 male 70s
    Rock Island County: 1 male 60s
    Saline County: 1 female 70s
    Sangamon County: 1 male 60s, 1 male 70s, 1 male 80s
    Schuyler County: 1 female 80s
    St. Clair County: 1 female 80s
    Tazewell County: 1 male 80s
    Vermilion County: 1 female 60s
    Washington County: 1 female 90s
    Will County: 1 female 60s, 1 female 70s, 2 males 70s, 1 female 80s
    Winnebago County: 2 males 60s, 1 female 70s, 1 male 80s
    Woodford County: 1 female 80s

Currently, IDPH is reporting a total of 894,367 cases, including 15,123 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 96,851 specimens for a total 12,356,446. As of last night, 4,624 in Illinois were reported to be in the hospital with COVID-19. Of those, 1,000 patients were in the ICU and 562 patients with COVID-19 were on ventilators.

The preliminary seven-day statewide positivity for cases as a percent of total test from December 12 – December 18, 2020 is 8.2%. The preliminary seven-day statewide test positivity from December 12 – December 18, 2020 is 9.7%.

  9 Comments      


*** UPDATED x1 *** COVID-19 roundup

Monday, Dec 21, 2020 - Posted by Rich Miller

* CNN

The chief scientific adviser for Operation Warp Speed explained Sunday that an unpredicted “two-day lag period” is the reason why many states have not received the number of vaccines promised.

“We all made the error or mistake of assuming that vaccine that’s actually produced and being released is already available for shipment, when, in fact, there is a two-days lag between the time at which we generate a lot of data that shows this vaccine vial is actually safe and right and the time we can ship it,” Moncef Slaoui told CNN’s Jake Tapper on “State of the Union” when asked about the delay. […]

Slaoui’s comments on Sunday about the two-day lag come a day after Gen. Gustave Perna, the chief operating officer of Operation Warp Speed, apologized for miscommunicating the number of vaccine shipments to states.

* Tom DeVore was recently interviewed by the Edgar County Watchdogs

Q: Before we get off to the county cases. When you look at some of the other states across the country that have been into their Supreme Court months ago. What is it with the Illinois judicial system that seems to be so slow compared to other states?

A: You know, I don’t know that the judicial system itself is that slow. I think that the cases that have been filed in the way that they’ve been managed by the, and again I’m a part of that and there’s reasoning for it, they’ve not been pushed that fast. So, you know, again, without talking about my clients’ strategies too much, there’s been reasoning for that. I don’t know again that anybody’s pushed those issues really fast and again I have my reasoning for that and why I haven’t for my clients but. But again, I don’t know that I could put that on our judicial system I just think it’s the nature of the cases that are present in our state right now.

Translation: He’s been trying to keep these cases out of the supreme court’s hands for months.

*** UPDATE *** Effingham radio

Oral arguments in the matter were to be presented Monday in Springfield, but Bailey’s attorney, Thomas DeVore of Greenville and Assistant Attorney General Thomas Verticchio, representing Pritzker, contacted trial judge Raylene Grischow. The attorneys requested the oral arguments be waived, and asked the Court issue a written opinion based on the Governor’s written submissions.

Judge Grischow agreed to issue a written opinion and email it to DeVore and Verticchio when it is completed.

* There’s been some misinformation spread by elements of the far right about hospital bed availability during the past couple of months. As with most such claims, they lack context. The Tribune’s Joe Mahr and Lisa Schencker crunched the actual numbers

This year, Illinois hospitals reported they built out roughly 10,000 more beds, up from about 25,000 before the spring surge.

That effort led to some odd statistical moments. Over the summer, Illinois hospitals were reporting they had more beds open than they did a year earlier, at a time when there was no pandemic to drive up demand. At one point, roughly 7,000 more hospital beds were available than the previous year. And yet, hospitals also reported they were busier than the year before, treating roughly 2,500 more patients at that point in time, or a 14% higher patient load, according to a Tribune analysis of state figures.

The number of open beds being reported to the state has since shrunk — in part because of staffing issues. Worried that hospitals might not be able to staff all of the beds they said they had available, state regulators in November tightened the rules on what qualified as an open bed, which erased nearly 2,000 open beds overnight.

Meanwhile, the fall surge was putting more people in the hospital. Now, the number of Illinoisans hospitalized — for any reason — is approaching 25,000 a day, about 6,000 more than last year at this time.

* Speaking of misinformation, former state Rep. Jim Sacia spreads a ton of it in his most recent column, including this

I’m allowed to attend Mass if there is space available to what? Ten percent of the church capacity.

There are no state crowd limits on religious services.

* Let’s flash back to November 27th

[St. Clair County] had a seven-day average 12.8% positivity rate on Friday, up from 8.2% on Nov. 1. Before this month, the county had never seen that number reach double digits.

December 3rd

On Dec. 1, Westmiller reported [St. Clair County] was averaging 113 cases per day and had a 14.5% positivity rate. It was also averaging about 900 tests a day.

December 18

St. Clair County officials called Friday the “best day” the county has seen since Nov. 6, COVID-19-wise, at a daily briefing Friday.

According to officials, St. Clair County had a daily COVID-19 positive rate of 6.9%, the lowest its been since Nov. 6. No new deaths were announced Friday, and 127 new COVID-19 cases were reported, down from Thursday’s total of 224.

The county’s seven-day rolling average was 10.1%.

St. Clair County has done an amazing job. Mitigations work, public education works. But they’ve successfully lowered their positivity rates before, only to shoot back up again when mitigations were eased.

* But not everyone in the county was spared, of course. A heartbreaking loss

A longtime educator, community leader and the “Dean of Politics” in East St. Louis has died. He had been fighting the novel coronavirus, according to those who knew him.

Eddie Lee Jackson Sr. served in the Illinois House of Representatives for eight years after retiring from a lengthy career as a science teacher and administrator in East St. Louis School District 189. He sat on the East St. Louis City Council for 20 years and is the father of Emeka Jackson-Hicks, the city’s former mayor.

Jackson, 71, died early Friday morning.

* Small protest outside governor’s mansion

Keith Loukinen has had perhaps the best view of the Illinois Governor’s Mansion of any restaurateur since opening his fine dining establishment across the street in 2017.

But on Saturday, Loukinen, in his full chef uniform, made the short walk to the front of the mansion to join about 100 bar and restaurant owners, employees and patrons to protest the mitigations put in place by Gov. JB Pritzker and enforced by Sangamon County public health officials. […]

“We’re at a crossroads because keeping them closed is hurting more people than catching a disease,” said Ward 10 Ald. Ralph Hanauer. “I think we’re close. I’m hoping that we’re close. And I think that it would be nice if the governor would come out and do it and take the pressure off these counties and the cities as well.”

In addition to Hanauer, elected officials in attendance included state Sen. Steve McClure, R-Springfield, Reps. Mike Murphy, R-Springfield, and Charlie Meier, R-Okawville, and Ward 1 Ald. Chuck Redpath.

Perhaps Ald. Hanauer and the others could spend Christmas week volunteering at a local hospital’s COVID-19 ward

In recent months, Aaron Curtis didn’t always wear a mask in public, and he went with his wife to Springfield-area restaurants where people at nearby tables also weren’t wearing masks.

“He didn’t think it would happen to him,” Aaron’s wife, Dia Curtis, told The State Journal-Register.

Aaron, 46, a throat-cancer survivor, now struggles to find the strength to walk to the bathroom in his Waverly home. He’s recovering from damaged lungs caused by a bout with COVID-19.

Aaron’s view of the virus changed after he spent almost three weeks last month in an intensive-care unit at Springfield’s HSHS St. John’s Hospital.

“The moment of reality for me,” he wrote in an email, “was when you are seeing people being wheeled out daily in body bags.”

* Tribune live blog headlines

Second stimulus bill would give airlines $15 billion more, bring back 32,000 furloughed airline workers

Vatican tells Catholics it’s ‘morally acceptable’ to get COVID-19 vaccines based on research using fetal tissue from abortions

COVID-19 fills winter break with angst and uncertainty for families about 2021 reopening plans

With hospitals short on workers, those remaining feel pushed to the edge by COVID-19

City distributing grab-and-go activity kits for kids, teens at parks, libraries

Some health care workers are getting the vaccine. Others aren’t. Who decides?

Clergy, doctors and activists take on COVID-19 vaccine hesitancy and access in Black and Latino communities.

First Chicago vaccine recipients report feeling “great” after historic shots.

A federal panel said people over 75, essential workers should be next in line for COVID-19 vaccine as Moderna shots began shipping out.

Here’s when Walgreens and CVS predict you’ll be able to get the COVID-19 vaccine through a drugstore.

* Sun-Times live blog headlines

Community health centers must decide who to vaccinate first

Illinois surpasses 900,000 COVID-19 cases

Highlights of new COVID relief deal: Congress to vote on $300 jobless benefit, $600 direct payment and more PPP

This month, Illinois has logged nearly 3,000 coronavirus-related deaths, which is more than 19.4% of the state’s pandemic death toll of 15,202.

Countdown to anti-vaccine backlash

* NBC Chicago live blog headlines

Chicago Hospital Prepares for Arrival of Moderna’s COVID-19 Vaccine

Illinois Surpasses 900,000 Cases of Coronavirus Since Pandemic Began

Lake County Jail COVID-19 Outbreak Infects 35 Inmates

Vaccinations to Resume at Suburban Hospital After Being Paused Due to Adverse Reactions (they were recovering quickly)

Gen. Perna Apologizes for ‘Miscommunication’ Over Available COVID-19 Vaccine Doses

Central Illinois Charities Facing Tough Obstacles Amid COVID-19 Pandemic

Pritzker to End Daily Coronavirus Briefings; Will Hold Updates ‘As Needed’

Illinois’ Top Doc Says ‘We Did Not See the Significant Surge’ After Thanksgiving

Pritzker Says Tier 3 Mitigations to Continue Through Holidays, Despite Decline in Some Metrics

  13 Comments      


*** UPDATED x1 *** House Democratic Women’s Caucus condemns “horrific and dehumanizing treatment” endured by Anjanette Young

Monday, Dec 21, 2020 - Posted by Rich Miller

* People are getting distracted by tangents in the Anjanette Young case, such as why a no-knock warrant was issued in the first place, or how guilty people often insist to the police that they’re innocent, or that the raid was “botched.”

The heart and soul of this story is that Anjanette Young was handcuffed naked by a group of sworn police officers for over 10 minutes, which must have seemed like an eternity. And then the city actually made things worse by fighting tooth and nail to prevent videos of the search from being released to the victim and to the public.

Press release…

The House Democratic Women’s Caucus stands in strong support of Anjanette Young and condemns the horrific and dehumanizing treatment she endured when a no knock warrant was mistakenly served at her home. Every woman can imagine the terror and pain she must have felt that night. Ms. Young deserves justice, accountability and answers – and every human being deserves to be treated with dignity and respect. We are committed to working with all of our colleagues toward that end.

* And as far as bureaucracies go, this should be yet another wakeup call for the CPD, the city’s corporation counsel and the mayor

“I’m resigning because of the firestorm around the whole tape thing,” [Chicago Corporation Counsel Mark Flessner] told the Tribune in a brief interview. “I’m being accused of trying to hide it, which is not true.” […]

On Sunday, Flessner said he was in his office Monday evening around 5:30 when one of his deputies entered and told him that a lawyer had violated the judge’s protective order in the case. The deputy said “they wanted to go in and make the judge aware that the protective order or the confidentiality order has been violated and I said yes,” Flessner said.

Flessner also said he wasn’t sure whether he reviewed the motion.

In a statement, he said his first involvement in the case was Monday.

Um, when you enforce a protective order on a hugely controversial video, that’s trying to hide it. And how this never got bumped up to Flessner’s desk is beyond me, but it certainly shows how human beings are treated like numbers on a spreadsheet by their own city.

Again, however, the core issue here is the gross indignity endured by Ms. Young

“You don’t train that in the academy. We hire people who we think know right from wrong, and if they don’t know right from wrong, they don’t need to be police officers,” [Chicago Police Superintendent David] said at the same news conference.

Licensing police officers could help with that. Just sayin…

*** UPDATE *** Twelve…


* Coverage roundup…

Chicago’s top attorney resigns amid botched police raid fallout; Mayor Lightfoot to address resignation

* Mayor’s Office Withdraws Sanctions against Anjanette Young and Her Attorney

* Cuffed, naked and terrorized by the police

* Anjanette Young reminds Black women of their ancestors who stood naked on a slave auction block

* Lightfoot put police accountability, racial equity atop her agenda. Now she’s on an apology tour

* Pastors want answers on Chicago police raid that wrongly targeted woman

* Chicago Woman Terrorized In Botched Raid To Donate GoFundMe Money To Social Justice Efforts - “I want to be able to honor the code of being a social worker, advocating and supporting others, uplifting the community,” Anjanette Young said.

  36 Comments      


New remote legislating bill unveiled

Monday, Dec 21, 2020 - Posted by Rich Miller

* Press release…

Today, Illinois legislators filed legislation to allow the Illinois General Assembly to meet, conduct legislative business and vote remotely in the event of a pandemic or other emergency which renders it dangerous or impossible to meet in person.

“In March, we had no idea a pandemic would sweep the globe, bringing life as we know it to a halt,” said Rep. Ann Williams (D-Chicago), chief sponsor of the bill in the House. “While we were able to meet for a few days in May to conduct urgent business, we continue to face a crisis of epic proportions – both on the public health front and in terms of our budget situation - that requires legislative attention.”

Sen. Rob Martwick, (D-Chicago), chief sponsor of the legislation in the Senate, drove to Springfield to meet in person for the May session despite a preexisting condition which put his health particularly at risk.

“The Governor has emergency powers to secure the health of our state,” said Martwick. “However, it is the legislature’s responsibility to enact the long term policies, in accordance with the needs of our unique and diverse constituencies, which will chart the path forward as we recover from this pandemic.”

Earlier this year, the Illinois Senate adopted rules to permit legislators to participate remotely as long as a physical quorum is present, as well as provide for virtual committee hearings. A bill to permit virtual lawmaking failed by one vote in the House during the May legislative session, the last time the Illinois General Assembly met.

“The intent of the legislation is to provide for the very rare circumstances where it is extremely dangerous or impossible to meet.” said Williams. “It’s clear that the Legislature operates most effectively in person, when we can all meet and interact with each other more easily.”

Williams and Martwick consider this legislation to be a starting point for discussion, and plan to solicit the input of colleagues on both sides of the aisle as to how best to proceed.

“This impacts each of us, our families and our communities,” said Martwick. “It’s critical we develop an approach which makes sense, can be implemented easily and will work for all of us.”

The Illinois bill provides that if a joint proclamation is made by the Speaker of the House of Representatives and the President of the Senate, members of the Illinois General Assembly may participate remotely in session and in committee - and requires the House and the Senate to adopt rules to permit such participation. Remote participation is defined as simultaneous, interactive participation by members not physically present. The bill also permits a quorum to be present remotely - thus allowing all members to participate remotely. Importantly, the bill contains an explicit provision to ensure that members of the public can view such sessions and committee meetings in real time.

“Unfortunately, if we’ve learned anything from the pandemic, it’s that anything can happen and we must be ready,” said Robyn Gabel (D-Evanston), cosponsor of the legislation. “We need to be prepared not just to address the current situation, but for any other emergency which may arise in the future. It is the responsible thing to do.”

“We owe a duty to the people of Illinois to do our jobs and address these critical issues now; we can’t afford to wait the pandemic out to take action,” said Terra Costa Howard (D-Glen Ellyn), cosponsor of the legislation.

State legislatures around the country have taken various approaches to meeting during the pandemic – including convening outside, utilizing hybrid sessions of in-person and virtual hearings, meeting completely remotely, and instituting safety precautions and protocols. Since the beginning of 2020, in 24 states, at least one chamber has adopted legislation allowing for remote meetings, voting, and operations, according to the National Conference of State Legislators. Most of the provisions can only be utilized in times of crisis such as the COVID-19 pandemic. Two states, Oregon and Wisconsin, already had laws in place to allow virtual meetings prior to 2020.

“It has been over 200 days since the Illinois Legislature has met, even as we continue to face the most significant crisis in generations,” said Sen. Sara Feigenholtz (D-Chicago), cosponsor of the legislation. “It is an abdication of our responsibility not to find a way to make it work. A majority of states have taken action - it’s time for Illinois to follow suit.”

“It is long overdue for the House to be able to remotely hold hearings and pass legislation, following the example set by our colleagues in the Senate earlier this year,” said Rep. Yoni Pizer (D-Chicago). “Under extraordinary circumstances, it is critical that we do what we were elected to do - make important decisions and respond to the needs of our constituents. The COVID-19 pandemic has proven to be such a circumstance.”

“When I voted yes for a remote legislating bill in May that failed to pass, I knew that a second effort was necessary to ensure that we have the ability to conduct legislative business even when being physically together in Springfield isn’t safe,” said Rep. John Connor (D-Lockport). “It’s the 21st century, and we have the technology to let us work remotely while maintaining public access, so let’s pass this bill and give ourselves the framework to do that work.”

* Rep. Tim Butler (R-Springfield) led the charge against the remote legislating bill in May. I asked him to comment…

Representative Williams and I have been discussing this issue since the spring session adjourned. The fact that the House has not met, and has only had one hearing outside of the Special Investigating Committee, is an indictment of the years of lack of planning for continuity of government. The ability to meet, and especially vote, remotely must be subject to a very high bar. It must respect the ability of the public to fully participate, as well as involve the minority party to ensure all Members have input in this decision. There are technology and decorum issues that must be part of an agreement. My deep-held preference is that the Assembly does “assemble” in person at the seat of government. Yet, I also know we have much work to do and if that means some Members may be doing this work remotely, then we can at least get on with the work of the General Assembly. I look forward to working with both Rep. Williams and Sen. Martwick to find the path forward.

  17 Comments      


Video gaming company faces $5 million fine for alleged inducement

Monday, Dec 21, 2020 - Posted by Rich Miller

* Like beer distributors, video gaming operators are prohibited from offering any inducements to proprietors. It’s one reason why we’ve seen the disappearance of beer coasters from taverns. But video gaming company Accel cut a deal with Draft Kings and is now looking at a possible $5 million fine from the Illinois Gaming Board, according to Yogonet Gaming News

According to the complaint, as part of the deal between the betting companies, Accel would offer DraftKings advertising space on its video gambling screens, and then would get $200 from each new customer it drove to the sports betting outfit, provided they met certain conditions. Accel would have the right to share those payments with the establishments – often bars or restaurants – where those video gambling machines were located.

The gaming board quotes an email from Accel’s chief commercial officer, who asks for the agreement to specify that Accel will be sharing some revenue from DraftKings with business owners who have Accel machines.“We want it in the agreement so the gaming board can see that we are operating as a pass through for the commissions,” the email reads, according to regulators.

Another email noted, “We’d like to use the language of ‘participating partner establishments’ and clarify that we are passing these funds from [DraftKings] to the [video gambling establishments]. This is essential as we are not allowed to provide compensation to the partner from our funds as it could violate the [Illinois Gaming Board] inducement rules.”

The gaming board alleges that under the agreement Accel had complete control over the payments and planned to use them to curry favor with current and potential clients.

Accel denies the claim.

Thoughts?

  6 Comments      


Rep. Walker on MJM: “I don’t believe he’ll be a viable candidate by January”

Monday, Dec 21, 2020 - Posted by Rich Miller

* The Daily Herald contacted several suburban legislators to ask if they’d be supporting Speaker Madigan in January. This response was buried

When asked if he’ll vote for Madigan, state Rep. Mark Walker of Arlington Heights said, “We’ll see.”

While praising Madigan for being “a superior operations manager,” Walker also said public servants must be held to a higher standard.

“I don’t believe he’ll be a viable candidate by January,” Walker said of Madigan.

Rep. Walker has been around a while and I’ve always found him to be pretty astute. Your thoughts?

  72 Comments      


Triggered Trib

Monday, Dec 21, 2020 - Posted by Rich Miller

* Tribune editorial

Six members of the House challenged the Madigan opponents to come together for “unity” in a letter that was leaked to WBEZ. Why push for continued Madigan leadership when he’s under so much heat? In large part because they want and need his expertise during the redrawing of legislative maps in 2021, which will allow them easy reelection prospects and continued one-party control in Springfield. Madigan knows how to draw highly partisan maps that protect the status quo. He has blocked every effort from Illinois citizens to take the process out of the hands of politicians.

The six trying to keep “outside forces” from meddling in “our leadership election” from the leaked letter are: House Democrats Fran Hurley, Justin Slaughter, John D’Amico and Nick Smith of Chicago; Mike Halpin of Rock Island; and Michael Zalewski of Riverside, whose own father has become embroiled in the ComEd investigation. Maybe Zalewski should sit this one out?

These lawmakers in their letter calling for self-preservation, for Democrats to “come together as a family,” claim that the speakership is theirs to decide. “Our” leadership election. Everyone else, stay out? No. They are public servants. Nothing is “theirs.”

* Actual context

To be clear, the Editorial Board with a history of animosity toward core issues that our Caucus holds dear has openly called for the House Republican Caucus to intervene in our leadership election. The inherent danger in even considering that premise cannot be understated.

For any outside forces, specifically those with ideological bents against social services, persons of color, women, veterans, public education and labor to even broach the idea that our Caucus’ leadership should be decided by any other voices but our own is disturbing. It poses a risk to our constituents we individually and collectively work to protect. For four years, our caucus stood united as the single barrier between Bruce Rauner, the Republican caucuses, the Chicago Tribune Editorial Board, and others who fought to destroy our state and our values. Meanwhile, we are the Caucus that delivered on promises to allow our citizens to marry who they choose to love; guarantee equal pay for women; raise the minimum wage; repeal the death penalty; legalize and regulate cannabis; mandate corporations prioritize diversity on their boards; develop a first-of- its-kind mental health reporting system for firearm ownership; require disinvestment of State funds from countries such as the Sudan and Iran, and pass a comprehensive capital bill. United, we are capable of fundamentally good things.

The reason the Editorial Board felt it had license to even make the suggestion is because we aren’t united—neither publicly, nor privately. This kind of pressure will only increase in the coming weeks, and, left to fester, cause damage to our mission to serve our constituents best. There is so much on the line. The time is short. The stakes are high.

They didn’t tell “everyone else” to stay out. They were concerned that certain types could try to step in and influence the outcome of an election that belongs to their own party. Even House Republican Leader Jim Durkin has refused to intervene in that way.

* And no editorial mention of Rep. Chesney

  6 Comments      


The big gamble that failed

Monday, Dec 21, 2020 - Posted by Rich Miller

* My weekly syndicated newspaper column

“What if” games are never quite accurate, but I don’t think it’s a stretch to say that Gov. J.B. Pritzker had the opportunity, and most probably the votes, to balance the state budget with an income tax hike during 2019, his “honeymoon” year with the General Assembly.

Instead, the governor came into office and proposed what was essentially a pension payment holiday and other magic budgetary solutions.

I was told in early 2019 by a high-level administration figure with influence over the budget that the Pritzker administration would not take the “easy” route of raising taxes and wanted to instead focus on the “hard” choices.

But hiking the flat tax to balance the budget ahead of a hoped-for 2020 change to the state Constitution to allow for a graduated income tax would not have been the “easy” route. A pension holiday was the easiest route he could’ve possibly taken. There was nothing “hard” about that, except for convincing legislators that shorting the pension funds was the right thing to do.

Pritzker’s budget was eventually saved by an unexpected tax receipt boost in the spring which eliminated the immediate need for a pension holiday, budget cuts or a new revenue infusion.

And then came 2020, the mother of all lousy years.

The international pandemic has punched all states and local governments in the fiscal gut. But the lack of preparedness hit Illinois even harder.

The state’s current revenue situation isn’t that bad in comparison to last fiscal year, partly because the state income tax filing deadline was moved from April to July, which is in the current fiscal year.

But because the governor’s Fair Tax failed, and because the current fiscal year’s budget depended upon those new revenues plus a nearly $5 billion federal bailout from the federal government, the state budget office last month projected a $3.9 billion deficit for the current fiscal year, which is now almost half over.

The immediate deficit projection has been lowered by $2 billion because the state is borrowing that money from the Federal Reserve, less than half the $5 billion it was eligible to receive.

That borrowing leaves the state with a $1.9 billion or so hole to fill by June 30, and Pritzker outlined $711 million in unilateral cuts last week.

$75 million of those reductions relies on an agreement with AFSCME, and the union appeared to reject the notion out of hand. Bruce Rauner’s attempt to wipe AFSCME out of existence backfired so badly that the union has been strengthened to the point where even asking for minor concessions is beyond difficult.

The governor pointed to the failure of his Fair Tax proposal as a big reason for the need to make cuts, and AFSCME countered by saying it was also all-in on the graduated income tax. But while Democratic presidential candidate Joe Biden lost Sangamon County to President Donald Trump by just 4.3 percentage points (way down from Trump’s 9-point winning margin in 2016), the Fair Tax lost AFSCME’s home-base county by a whopping 26 points.

Heckuva job.

We can’t go back and change history and it’s often maddening to engage in the exercise. But, if the governor had just done the responsible thing in 2019 and used a flat tax hike to balance the budget when he could’ve drawn on an almost infinitely deep well of goodwill among his super-majority legislature, we wouldn’t be in nearly this mess right now. And he could’ve then painted the 2020 constitutional amendment vote as a very real and substantial income tax cut for 97% of the populace instead of the few dollars he ended up promising.

I’m only writing this now because when I laid out this very scenario in an early 2019 meeting with that high-level Pritzker person who has significant budget influence, I was laughed at and waved off with “We’re not taking the easy way out with a tax increase, Rich.”

Also, the governor said that he’ll need the General Assembly’s cooperation to make more cuts than the $711 million he outlined. That’s not totally true. Under Rauner, the vast majority of the state’s budget was put on auto-pilot, either by statute or by judges. A big chunk of that money falls under various consent decrees entered into by the state. The administration could attempt to change those consent decrees without any help from the legislature.

But doing so would bring enormous heat on the governor because those consent decrees involve things like minimum funding and staffing levels for the state’s care of children.

  43 Comments      


Open thread

Monday, Dec 21, 2020 - Posted by Rich Miller

* Polite and Illinois-centric, please. Thanks.

  15 Comments      


*** LIVE COVERAGE ***

Monday, Dec 21, 2020 - Posted by Rich Miller

* Follow along with ScribbleLive


  Comments Off      


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* Isabel’s afternoon roundup
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* Uber’s Local Partnership = Stress-Free Travel For Paratransit Riders
* Report: IDOC's prison drug test found to be 'wrong 91 percent of the time'
* SUBSCRIBERS ONLY - Session update (Updated x2)
* Illinois Supreme Court rules state SLAPP law doesn't automatically protect traditional journalism (Updated)
* ‘This is how I reward my good soldiers’: Madigan ally testifies he was rewarded with do-nothing consulting contract
* Illinois Supreme Court rules that Jussie Smollett's second prosecution 'is a due process violation, and we therefore reverse defendant’s conviction'
* Dignity In Pay (HB 793): It Is Time To Ensure Fair Pay For Illinoisans With Disabilities
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