Question of the day
Wednesday, Oct 20, 2021 - Posted by Rich Miller
* Photo from Hannah Meisel of Speaker Welch doing a mock press conference with PAR students…
* The Question: Caption?
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* Just a warning that I may have missed some stuff because there’s a lot to this so click here and post whatever you find in comments and I’ll update as necessary…
NOW COMES, Plaintiffs, individually, and on behalf of their minor children (hereinafter the minor children shall be collectively referred to as the “Students”) by and through their attorneys Thomas G. DeVore, Jeffrey A. Mollet and Erik D. Hyam, and the Silver Lake Group, Ltd., and for their Verified Complaint for Declaratory Judgment and Injunctive Relief against Defendants […]
Each of the Plaintiffs (other than North Mac Community School District #34 Parents which were already certified as a class), seek to represent a class of other parents or legal guardians who also have children who attend school within their respective School Districts. […]
Whether Students can be required to wear a mask while on the property of the School Districts, or be excluded from school and denied in-person learning without a lawful order of quarantine from the local health department having jurisdiction over such matters as to each particular School District, are two common questions to all putative class plaintiffs within each of the School Districts. […]
As a part of the School Districts’ back-to-school plans, all the Students are being mandated by the School Districts to wear a mask while on school property.
At all times relevant, the Students are involuntarily wearing masks while on the School Districts’ premises.
The Plaintiffs’ minor children will be excluded from the premises of their respective School Districts if he/she refuses to wear a mask.
In alleged conformity with the directives of Pritzker, IDPH and ISBE, the School Districts have adopted a policy which, without having obtained consent of a parent or legal guardian, or having obtained a lawful order of quarantine issued by the court on behalf of a local health department, will exclude the Students from the School Districts’ premises if a Student is deemed to have been in alleged close contact to a positive COVID person.
At all times relevant, the Students are not currently positive for COVID.
At all times relevant, the Students are not exhibiting symptoms consistent with COVID.
All of the School Districts have implemented and are illegally enforcing the exclusion directives issued by Pritzker, IDPH and ISBE.
As such, all of the School Districts are currently engaging in the policy of excluding Students from their premises based upon a close contact determination which does not include consent of a parent, or a lawful order of quarantine having issued against the Students by the certified local health department or IDPH.
The lawsuit quotes a Fox News segment that we debunked here. And it makes this claim…
The COVID-19 virus has been in existence for over 1 1⁄2 years, and as such the existence of this infectious disease could never be a sufficient basis for which to invoke the emergency rulemaking power of the Illinois Administrative Code.
* They also claim this…
Quite simply, the Defendants are infringing upon the lawful right of the Students, and of their parents or guardians, to be free to choose for themselves whether mask wearing as a treatment, or type of modified quarantine, for the purpose of limiting the spread of an infectious disease, is, absent a court order, appropriate, especially where the Defendants have used, as a sword, direct and unabashed threats to the Students; right to an education if they refuse to comply.
* Among other things, they’ve asked the court to do this…
Declaring, absent consent of the parents or guardians, the Defendants must have in their possession a lawful order of quarantine issued on behalf of the certified local health department before the Students can be compelled to utilize a mask, which use is purported to limit the spread of an infectious disease, while on school property. […]
Declaring under 20 ILCS 2305(c), the parents, guardians, children, and Students have a due process right to refuse a modified quarantine which is alleged to limit the spread of an infectious disease; […]
Declaring the Revised Guidance does not have the effect of Rule as it was not adopted following the procedures of the Illinois Administrative Procedures Act; […]
Declaring Executive Order 2021-24 and 2021-25 are invalid to the extent they seek to expand power of the School Districts, ISBE, or IDPH to exclude children or Students from the premises of the School Districts due to have been deemed an alleged close contact, absent consent of the parent, guardian or a lawful order issued pursuant to 20 ILCS 2305 […]
Enter an injunction permanently enjoining the School Districts from compelling the Students, as well as all other children similarly situated, to utilize a mask, alleged to prevent the spread of an infectious disease, unless the parent or legal guardian consents or a lawful order has issued in favor of the certified local health department pursuant to 20 ILCS 2305
…Adding… I saw this as well. From comments…
Devore was soliciting $5,000 + filing fees per district to be part of lawsuit
…Adding… An example of the fundraising…
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ISP honors its past with Trooper 262 Project
Wednesday, Oct 20, 2021 - Posted by Rich Miller
* From the ISP…
When Illinois State Police Trooper William Boyd Lindsay was commissioned by the Illinois State Police (ISP) on July 23, 1941, it’s likely he was unaware that history was being made when badge #262 was pinned to his chest. On that day, Lindsay was sworn in as the first African American Trooper in the nation.
As a means of recognizing and celebrating Trooper Lindsay’s pivotal role and the Centennial of the Illinois State Police, current and former ISP Troopers initiated the Trooper 262 Project in his honor. Their research has yielded an ever-expanding roll of exemplary figures who forged extraordinary paths in their own right and who are worthy of recognition as well.
The Trooper 262 Project proudly showcases the professional accomplishments of courageous individuals who demonstrated Integrity, Service, and Pride while also breaking down barriers. We honor their indelible contributions to our agency and the path they forged for those who have followed.
This week the Illinois State Police selected a few of the ISP Trooper 262 Project panels to display in the rotunda of the Illinois State Capitol. Please take a moment to visit, explore, photograph this extraordinary exhibit of ISP’s history.
* I meant to get to this earlier and forgot. Sorry! But if you’re still at the Statehouse, go take a look…
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Illinois: Tell Congress To Count All Copays
Wednesday, Oct 20, 2021 - Posted by Advertising Department
[The following is a paid advertisement.]
Many patients in Illinois rely on copay assistance to access and afford their prescription medications, often in instances when no generic option exists. Recognizing the important role copay assistance plays for patients, Illinois took legislative action to prohibit health plans from instituting “copay accumulator” policies that don’t apply copay assistance towards patient out-of-pocket costs.
Illinois stood with patients then – and must do so again.
Illinois can show leadership by ensuring patients are protected from these policies and have the guarantee that their copay assistance will count. At a time when Illinoisans are struggling financially from COVID-19, the state should protect the broadest set of patients to help them access critical medications for conditions like cancer and HIV.
Patient advocates are calling for our leaders in Springfield to stand with patients. We hope they answer that call. Tell Congress to count all copays. Stand with patients and support HR 516.
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Your government “at work”
Wednesday, Oct 20, 2021 - Posted by Rich Miller
* Kaiser Health News…
This year, the Illinois Legislature was considering measures to expand oral health treatment in a state where millions live in dental care deserts.
But when the Illinois State Dental Society met virtually with key lawmakers for its annual lobbying day last spring, the proposals to allow dental hygienists to clean the teeth of certain underprivileged patients without a dentist seemed doomed.
State Sen. Dave Syverson, R-Rockford, the Senate Republican leader, warned against the bills even if they sounded minor.
“It’s just getting the camel’s nose under the tent,” Syverson said in an audio recording of the meeting obtained by KHN. “We’ll have, before long, hygienists doing the work that, if they wanted to do, they should have gone to dental school for.”
The senator also said he missed “the reception and the dinners that you guys host” and the “nice softball questions that I usually get” from the dental society’s past president, who happens to be his first cousin.
The bills never made it out of committee.
The situation in Illinois is indicative of the types of legislative dynamics that play out when lower-level healthcare providers such as dental hygienists, nurse practitioners and optometrists try to gain greater autonomy and access to patients. And the fate of the Illinois legislation illustrates the power that lobbying groups such as the Illinois dental society have in shaping policies on where health professionals can practice and who keeps the profits.
* Tribune…
State gaming regulators voted Wednesday to eliminate casino bids from Calumet City and Lynwood for consideration, with two other applications still in contention.
The Illinois Gaming Board voted 4-0 to not consider bids by Southland Live, which proposed using a portion of the River Oaks shopping center in Calumet City for a casino, and also rejected a bid from the Ho-Chunk Nation to develop land the tribe owns in Lynwood for a gaming destination.
That leaves Homewood/East Hazel Crest and Matteson as the only two contenders.
* Meanwhile…
The Illinois Supreme Court ordered the consolidation of lawsuits filed by cannabis dispensary license applicants in an attempt to resolve multiple claims challenging the fairness of the licensing process.
At the request of the Illinois attorney general’s office, the court ordered that several cases be heard together, which could help decide the fate of all 185 new recreational marijuana retail licenses.
The awarding of those licenses have been held up indefinitely by Cook County Judge Moshe Jacobius while he decides a case involving two applicants, WAH Group LLC and HAAAYY LLC vs. Bret Bender, deputy director of the Illinois Department of Financial and Professional Regulation (IDFPR), which awards the licenses.
The Supreme Court Monday ordered that a suit by Magic Sparks LLC, against the IDFPR, be transferred from DuPage County to Cook County. There it would be combined with the WAH case, as well as suits by High Haven Dispensary LLC, Green Equity Ventures 1 and Hempathy LLC, under the heading of High Haven.
* Other governments…
* Suburban police were asked to help Chicago during vaccine reporting stalemate if needed, but Kane, DuPage and Kendall county sheriffs say no
* Calumet City mayor bristles during confrontation over library reopening: “Don’t you ever ask a question like that again,” Jones told me.
* City official should be fired, 2 others punished for coal plant implosion debacle in Little Village, watchdog says
* Internal investigation of police raid on Anjanette Young’shome stymied by mayor’s parallel probe
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* There’s obviously more to this Lynn Sweet piece, so go read the whole thing…
Democratic Illinois [US] House members huddled Tuesday at the headquarters of the House political operation [in a session organized by Rep. Robin Kelly, also the chair of the Democratic Party of Illinois] to air grievances against the draft congressional remap drawn by Senate President Don Harmon and Speaker Chris Welch and figure out what to do next, the Chicago Sun-Times has learned. […]
· The Harmon/Welch draft map was released Friday with the 14D-3R lines considered weak because, under the right circumstances — if 2022 is a GOP year — Reps. Marie Newman and Lauren Underwood could find their own Democrats drew them what, in reality, could turn out to be swing districts. Two other downstate districts also did not maximize Democratic strength. […]
· The DCCC is trying to keep its fingerprints off of a 15D-2R draft map it is promoting, parts of which have been shown to members. Since House Speaker Nancy Pelosi controls the House by only three votes, the Illinois remap — by Democratic mapmakers — now has enormous national significance for 2022.
· There is no consensus among House incumbents — or state Democratic powerbrokers — over 15-2 or 14-3. […]
Keep this in mind. Illinois Democrats in Congress have NO power over mapmaking. It is entirely in the hands of the state House and state Senate and Gov. J.B. Pritzker, who must sign the new map.
The only real power the congressional delegation has over the remap is if they can pull off any friendly/allied state legislators. The House Democrats have 73 members. If the delegation can yank three members off, they can defeat a map they hate. But playing that game can have consequences.
* Check out the burn rates of these folks…
Kinzinger is weighing whether to run for another term, and if he does, he will need the cash for an inevitable GOP primary with the strongest challenger so far — super Trump loyalist Catalina Lauf. Leveraging anti-Kinzinger sentiment among Trumpers, she raised $809,652 and has a $216,804 balance after spending $592,847. […]
As of Sept. 30, [Mary] Miller raised $616,921, spent $303,853 and has a balance of $413,769. […]
LaHood collected $1,502,419 so far this cycle, spent $658,086 and has a balance of $3,934,903. […]
No substantial GOP opponent has surfaced yet to take on Democrat Underwood, who won reelection by a point in 2020. She has a strong fundraising operation, hauling in $2,470,574 to date this cycle. After spending $1,243,422, Underwood has a balance of $1,765,060. […]
Freshman Democrat Marie Newman, who is blasting the Democrat draft map because it throws her into a potential swing district — with Kinzinger in it to boot — raised $690,255 to date, spent $355,223 and has a balance of $437,873.
Raja Krishnamoorthi, on the other hand, has raised $3.3 million with operating overhead of $733K, or 22 percent. He really knows how to do it. Lauf’s overhead was 73 percent. These DC-invention candidates are all about the overhead.
* Press release…
The Hon. Elizabeth M. Rochford, a sitting judge in Lake County’s Nineteenth Judicial Circuit and candidate for the Democratic nomination to Illinois’ Second Supreme Court District, reported raising over $149,000 in the third quarter of 2021 – eleven times as much as her closest opponent. Judge Rochford’s support came from a diverse coalition of legal professionals, organized labor, elected officials, and small dollar individual donors.
“I’m humbled by the enthusiasm my colleagues, friends and fellow Illinoisans have shown my campaign for the Illinois Supreme Court,” said Judge Rochford. “I’ve traveled across the district these last few months hearing from community members and sharing my story, and in every county I meet wonderful people who expect the highest quality from their court system. I am very grateful for their support.”
Former State Senator Susan Garrett said, “Judge Rochford’s early momentum and fundraising success make her a clear frontrunner in the open seat for Illinois’ newly redrawn Second Supreme Court District. Experience does matter and these contributions prove that people respond to Judge Rochford’s qualifications and her unique combination of experience, service, and commitment to equitable justice.”
Rochford announced her campaign on July 15th, 2021. The Second District of the Illinois Supreme Court is comprised of DeKalb, Kendall, Kane, Lake and McHenry counties.
Judge Rochford is a sitting judge and former assistant state’s attorney and full-time solo practitioner. She has served on the Illinois Judges Association Board of Directors since 2015 and is currently its Secretary, in addition to chairing literacy and access to justice initiatives.
* This is gonna be one weird primary race…
Fifth District Appellate Court Justice Barry Vaughan formally announced his candidacy to retain his seat on the Court, vowing to “keep liberal Chicago politics out of our courtrooms.”
Vaughan will compete in the Republican primary set for next June with Greenvllle attorney Tom DeVore and Fourth Judicial Circuit Judge Michael McHaney.
“All of us have seen how divisive political agendas have started to creep into every facet of our lives,” Vaughan said in his announcement last week outside the Fifth District Court in Mt. Vernon. “That cannot be allowed to happen to the justice system.”
“Keeping liberal and activist agendas out of the courtroom and making sure that our system is fair for everyone—not just elites—is one of my core principles. I believe that everyone who sets foot in my courtroom should have their voice heard and get a fair shake.”
The candidates are vying for the permanent seat vacated by Justice David Overstreet, who was elected to the Illinois Supreme Court last year.
DeVore you know. McHaney you’ll remember for being the judge who gave Gov. Pritzker his first court loss and was overturned. He also threatened Pritzker with a contempt charge.
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* The House Democratic caucus has been notified that the chamber is canceling tomorrow’s session, which is not a big surprise. As I’ve been telling subscribers for a while now, the important stuff will mostly happen in the second week of veto session. HDem members were told today to prepare for a “busy and full week next week.”
I’ve checked with the Senate and will get back to you.
*** UPDATE *** The Senate confirms it has canceled tomorrow as well.
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More like this please: Safe2Help Illinois
Wednesday, Oct 20, 2021 - Posted by Rich Miller
* This is a really good idea. I hope they can widely publicize this, which is why I’m sharing the press release here. Too many schools just don’t take things like bullying seriously, for instance, and kids (and parents) know it so they don’t report it. This could be a game-changer if it’s actually used…
As part of America’s Safe Schools Week, a week dedicated to raising awareness of school safety, Governor JB Pritzker is announcing the launch of a new statewide school safety initiative called Safe2Help Illinois.
“I directed my administration to launch a statewide school violence prevention help line because our kids are safer when they have a confidential avenue to speak up for the mental health of their peers and themselves,” said Governor JB Pritzker. “By encouraging kids to seek help before harm, we’re making it so school officials, mental health professionals, and area law enforcement are better equipped to help prevent suicides, bullying, school violence or other threats to school and student safety. It’s another way we can bring mental health struggles out of the shadows and ensure our schools are places where students can be nurtured and thrive.”
Safe2Help Illinois is available 24/7, and at no cost to all school districts in the state. In the absence of a trusted adult, students can use a free app, text/phone, or the website (Safe2HelpIL.com) to share school safety issues in a confidential environment. Information obtained by Safe2Help Illinois will remain confidential to ensure student privacy and to protect the integrity of the program. This program is not intended to suspend, expel or punish students; rather, the goal is to encourage students to “Seek Help Before Harm.”
Once vetted, the information will be shared immediately with local school officials, mental health professionals and/or local law enforcement, depending on the nature of the information. The program also will help local officials by connecting them with mental health resources or other appropriate tools to intervene and help students before they harm themselves or others.
Changing the Culture in Illinois Schools
Safe2Help Illinois is more than just an information sharing platform. This is a long-term initiative to change the school culture in Illinois. Safe2Help Illinois also provides free educational resources to schools that can be introduced into their existing curriculum for students in Kindergarten through 12th grade.
“Through the Safe2Help Illinois initiative, our administration is empowering young people to care for themselves while also looking after their community at schools,” said Lt. Governor Juliana Stratton. “As rates of anxiety, depression and other mental disorders in children continue to increase across the country, it is important we give young people the resources they need to reach emotional wellness. That is a major part of our mission to make Illinois the best state to raise our children.”
“Mental health is even more of a priority during the COVID-19 pandemic. Some students have experienced feelings of isolation, the loss of family income, or the death of a loved one, and I am thankful that Safe2Help Illinois will provide an additional layer of support as students return to in-person learning this fall,” said State Superintendent of Education Dr. Carmen I. Ayala. “The program connects students with a trusted and trained adult, and the educational resources help remove the stigma associated with mental health issues and foster kindness among students’ peers.”
“Thanks to the leadership of Governor JB Pritzker, students across the state of Illinois have another resource where safety comes first. Prioritizing the mental health of students is critical,” said Secretary Grace B. Hou, Secretary, Illinois Department of Human Services. IDHS’ Division of Mental Health is proud to partner with ISBE and IEMA on this significant initiative for students. At IDHS, we are committed to advancing access to mental health to students and families across the state.”
Safe2Help Illinois is a free, voluntary program offered to public and private schools (grades K-12) in Illinois. Regardless of whether a school district is enrolled in the program, Safe2Help staff will vet all information received and forward to the appropriate local contact whether or not they elect to formally participate in the program. Calls that reference immediate threats would be route to 9-1-1 for immediate assistance.
During the 2020-2021 school year, 19 schools participated in a Safe2Help Illinois pilot program. Of those schools, while serving in different capacities of remote learning and in-person learning, the pilot program saw the following calls for assistance: Suicidal Ideation, Bullying/Harassment, Fighting, Self-Harm, and Sex Assault. To date, more than 31 schools are registered with the program, resulting in more than 130 interactions with the public over the last 11 months. Educators enrolled in the program have credited the program with the successful intervention of potential suicides and sexual assaults.
Behind the Call
During a crisis, the person on the receiving end of the call has the most important job: to remain calm and provide the necessary resources to successfully defuse a situation. The analyst taking the calls for Safe2Help Illinois have experience and education in social service and community stabilization settings. As part of their onboarding process, analysts are required to complete 40-hours of training, plus an additional 20 hours of ongoing training each quarter. This includes handling suicidal or homicidal callers, responding to imminent danger, caring for very young callers, mandated reporter training and more. The Safe2Help call center analyst speak multiple languages and have access to 24-hour immediate translator services in 24 different language.
Expanding School Safety in Illinois
Safe2Help Illinois is a product of a statewide school safety capability assessment, following the 2018 school shooting at Marjory Stoneman Douglas High School in Parkland, Florida. The Illinois Terrorism Task Force convened a School Safety Working Group made up of state and local law enforcement professionals, representatives from statewide education associations, emergency management and mental health professionals to identify school safety issues and come up with practical recommendations to improve our student safety. The cornerstone of the group’s school safety recommendations is the formation of a statewide resource for students, schools and local officials, called Safe2Help Illinois.
“In almost every case involving a mass school shooting there was someone, usually a fellow student, who had some advance warning or reason to believe that violence was possible,” said Alicia Tate-Nadeau, Director of the Illinois Emergency Management Agency. “Safe2Help Illinois provides a free and confidential platform for students to share information, 24-hours a day. In the absence of a trusted adult, Safe2Help Illinois aims to help today’s youth seek help before harm.”
Although the origins of the workgroup recommendations intended to address the threat of school violence, the program evolved to provide resources to support a student’s social, behavioral and mental health needs. Prior to COVID-19, similar school safety initiatives throughout the nation found the two most common issues of concern have been threats of suicide and bullying.
Call to Action
Safe2Help Illinois is encouraging all Illinois parents to talk to their school-age children about the importance of a trusted adult. Trusted adults are people whose words and actions make you feel safe, and these individuals (parents, teachers, coaches, mentors, etc.) can help you and/or your friends seek help before harm.
Recognizing that not all students may feel safe talking to their parents, teachers, coaches or mentors, now is a great time to introduce them to Safe2Help Illinois. It’s free, confidential, and always available.
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Don’t believe everything you read
Wednesday, Oct 20, 2021 - Posted by Rich Miller
* Hey, SJ-R, the court threw out a prior remap law from May, not the new one passed in August…
Gov. JB Pritzker and Democrats who control the Illinois General Assembly suffered a major legal setback Tuesday when a federal court threw out the new state legislative district map favoring Democrats.
*Sigh*
As we discussed yesterday, we knew it was a given that the May remap plan wouldn’t pass legal muster because it clearly violated longstanding judicial precedent on population deviation. It’s the main reason why they had to draw a new map. Click here for more info on that.
* More SJ-R…
The fact that Democratic lawmakers later tweaked the map based on 2020 data in August and Pritzker signed that amended map into law the following month didn’t negate the legal issues that led to Tuesday’s ruling, the judges said. The amended map had legal “defects,” according to the judges.
The judges said no such thing about the amended map. The only mention of the word “defects” in the opinion is when the court invited plaintiffs to explain what they believe the defects are.
…Adding… The SJ-R has now posted a revised version of the story without explaining what it got wrong to begin with and how that was so important.
…Adding… The revised SJ-R headline is still wrong: “Federal court throws out Democrats’ initial legislative district remap, orders revisions.” The court has not ordered any revisions.
…Adding… Third headline try is a charm: “Federal court throws out Democrats’ initial legislative district remap, will consider revisions”
* On to Politico…
A federal court has intervened in the state’s legislative redistricting process and ordered new changes to a map lawmakers unveiled (and scrapped) months ago, creating new procedural hurdles for the 2022 election.
Not true. The court did not “order” changes to the revised redistricting plan. It allowed plaintiffs to submit their proposed changes.
* Politico…
A three-judge federal panel ruled Tuesday that the Mexican American Legal Defense and Education Fund and Illinois Republicans should be able to offer up their own map — and that Democrats need to do more tweaking.
Nope. The court invited the plaintiffs to offer up their own map along with explanations for how they correct any alleged deficiencies in the revised remap passed in August. And the Democrats can respond, but they haven’t yet been ordered to make any changes to their remap plan.
* Politico…
The case now poses an issue for the 2022 election. Remap proposals must be submitted by Nov. 5, and the court said the current map that state lawmakers approved can’t be used for the upcoming election until the case is resolved.
That means candidates can’t circulate their petitions — a process that starts in January — until they know what district they’re running in.
No. Plaintiffs have until November 8 to file their proposed revisions and explanations. The revised map hasn’t yet been stricken. And January is a long ways off.
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* Context from a story in August…
The decision by the IHSA board of directors means that high school athletes will be banned from playing in the postseason for a sport if their school is still on the Illinois State Board of Education’s probation list for non-compliance with the mask mandate on the “seeding” date — the deadline for entering the playoffs — for a fall sport, IHSA officials said in a statement.
* But a Fifth District appellate judge took a look at the IHSA’s legal makeup and found this…
(T)he IHSA constitution and by-laws are devoid of any reference to schools that have a probationary classification issued by the ISBE, regardless of the reason for the classification. There is also nothing in the IHSA constitution or by-laws that allows the organization to issue emergency rules on the eligibility of a member school or athlete.
If the school’s state recognition is revoked, that’s another matter.
So, the appeals court overruled a circuit judge’s denial of a TRO against the IHSA in a case involving Hutsonville High School.
* More from the opinion…
(T)he issue underlying this case is not the Governor’s mandate or the refusal of petitioners to comply with the Governor’s mask mandate at IHSA’s events. The TRO concerns only respondents’ authority to change a member school’s eligibility to participate in the State Series based on an ISBE’s “on probation” status. Because the executive orders and ISBE did not direct respondents—explicitly or impliedly—to preclude participation based on a school’s “on probation” status, their authority is limited to the IHSA’s constitution and by-laws. Here, petitioners alleged sufficient facts to establish a prima facie case that respondents violated their rights by failing to adhere to its constitution and by-laws.
Under these circumstances, the trial court erred in denying petitioners’ TRO and keeping the status quo until the merits of the arguments could be determined. “Status quo,” for purposes of obtaining a preliminary injunction, means the last actual, peaceable, uncontested status which preceded the pending controvers
My reading of this is that the governor and the ISBE could conceivably amend the orders to include probationary status.
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* US District Court in the Northern District of Illinois…
On May 28, 2021, the Illinois General Assembly approved a state legislative redistricting plan before the release of the official population totals from the 2020 United States decennial census. The pandemic delayed release of the official population totals, although the United States Census Bureau (“the Census Bureau”) had announced previously that those totals would be available by mid-August 2021. The Illinois General Assembly elected not to wait, and instead relied primarily on data from the American Community Survey (“ACS”), a population estimate previously published by the Census Bureau, to determine the boundaries of Illinois legislative districts. With Governor Pritzker’s signature, the General Assembly-approved redistricting plan (“the June Redistricting Plan”) became effective as of June 4, 2021.
Two sets of Plaintiffs filed lawsuits contending that use of the ACS data resulted in the drawing of constitutionally-flawed legislative district boundaries. Those cases have been consolidated before this three-judge court (“Court”) convened under 28 U.S.C. § 2284(a). In both cases, Plaintiffs allege that the June Redistricting Plan impermissibly violated their right to Equal Protection under the Fourteenth Amendment to the United States Constitution. Defendants in both cases have moved to dismiss [McConchie, 66, 80], [Contreras, 40, 55] Plaintiffs’ first amended complaints1 [McConchie, 51], [Contreras, 37]. Following the release of the official Census data, Plaintiffs in each case moved for summary judgment [McConchie, 76], [Contreras, 63].
For the reasons stated below, the Court denies the motions to dismiss [McConchie, 66, 80], [Contreras, 40, 55] in full, except to the extent that Plaintiff Martinez is dismissed from the first amended complaint in Contreras, see [37]. The Court also grants the Plaintiffs’ motions for summary judgment in full [Contreras, 63] and in part [McConchie, 76]. The Court declares that the June Redistricting Plan, Public Act 102-0010, violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, and enjoins the Defendant State Board of Elections and Defendant Members, Charles W. Scholz, Ian K. Linabarry, William M. McGuffage, William J. Cadigan, Katherine S. O’Brien, Laura K. Donahue, Casandra B. Watson, and William R. Haine, in their official capacities as members of the Illinois State Board of Elections, from enforcing Public Act 102-0010.
Finally, the Court will not require formal dispositive motion practice (e.g., motions under Federal Rules of Civil Procedure 12(b) and 56) on the second amended complaints and sets the schedule for the selection of a court-approved state redistricting map as follows: (1) Plaintiffs’ submissions for proposed revisions to the September Redistricting Plan, Public Act 102-0663, accompanied by a statement explaining how those revisions cure any constitutional or statutory defects in the September Redistricting Plan, are to be filed on the docket no later than November 8, 2021; (2) Defendants’ responses and objections to the submissions are to be submitted no later than November 18, 2021. This case is set for further status on November 5, 2021, at 11:00 a.m. […]
Taking into account the totality of the circumstances—both agreed and disputed—we will proceed therefore toward the approval of a map for Illinois legislative districts for the next decade using the September Redistricting Plan as a starting point, but also carefully considering the legal challenges raised in the operative second amended complaints. Having found the June Redistricting Plan unconstitutional and therefore reached the remedial phase of proceedings, the Court will not require formal dispositive motion practice (e.g., under Federal Rules of Civil Procedure 12(b) and 56) on the seconded amended complaints [McConchie, 116], [Contreras, 98]. To the extent that the September Redistricting Plan does not pass muster, Plaintiffs are invited to submit proposed alternative maps for the Court’s consideration accompanied by a statement explaining (1) the constitutional or statutory defects in the September Redistricting Plan and, (2) how the revisions or alternatives cure such defects. Defendants will likewise receive an opportunity to respond to the proposed alternative maps and accompanying assessment according to the schedule set out at the conclusion of this opinion.
In other words, the first version of the map has been tossed over unconstitutional population deviation between districts (the courts have long had a rule about that and the new Illinois map was in clear violation). The second version is now under judicial review because the court declared the first version unconstitutional. And the court has invited plaintiffs, meaning the Republicans and MALDEF, to submit their own alternative maps with specific emphasis on how their alternatives address the Democrats’ alleged defects.
Also, the court rejected the Republican claim that the failure to draw a constitutional map by the deadline triggers the state’s non-partisan remap commission process.
…Adding… Press release…
Below is a statement from Senate Republican Leader Dan McConchie (R-Hawthorn Woods) and House Republican Leader Jim Durkin (R-Western Springs) on Illinois’ redistricting maps being declared unconstitutional today in court:
“Today’s ruling is a victory for Illinois citizens, advocacy groups and communities of interest. During this process the Republican caucuses consistently demanded transparency and fairness in mapmaking, which were rejected by the Democrats and Governor Pritzker. The court’s ruling validates all the concerns that were raised during the Democrats’ unconstitutional attempt to gerrymander Illinois.”
…Adding… Tribune…
Though Democratic lawmakers passed and Gov. J.B. Pritzker signed the updated map last month, they did not repeal the earlier estimated-population map approved in May.
That prompted concerns that if the new map was ruled unconstitutional, the earlier map using population estimates would take effect. The court said it needed to rule on the unconstitutionality of the original map to prevent that from happening.
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Our sorry state
Tuesday, Oct 19, 2021 - Posted by Rich Miller
* Hannah Meisel…
In the early days, weeks and months of the pandemic, COVID-19 ravaged nursing homes, killing thousands of elderly and frail residents and forcing the isolation of thousands more.
Though long-term care facilities statewide locked down, forbidding outside visits from family members, staff from the Illinois Department of Public Health charged with investigating complaints of abuse and neglect should still have been going in to those facilities.
But for the first three and a half months of the pandemic, they weren’t. Pritzker’s administration admitted to that error last summer after severing ties with two IDPH officials and catching up on the 272 missed abuse and neglect complaints, substantiating 17 of them. The agency hired a former federal prosecutor to review the unsubstantiated claims.
“Our top priority as a regulator of long-term care facilities in Illinois is ensuring vulnerable Illinoisans are kept safe by those responsible for their care,” IDPH Director Ngozi Ezike said in a course-correcting news release last August. “Anything short of that is unacceptable, and our entire department is committed to getting this right as we move forward.”
In service of that goal, IDPH also paid $425,000 to an outside firm to examine what went wrong inside the agency and how its processes could be improved to prevent such a major dereliction of duty from happening again.
More than 13 months later, however, the report remains unpublished, though it’s been complete since Nov. 30, 2020. A copy obtained by NPR Illinois shows the outside review was critical of IDPH, its Bureau of Long Term Care and the Office of Health Care Regulation directly responsible for investigating nursing home abuse and neglect complaints.
But as Pritzker and some Democrats in the General Assembly attempt to overhaul how the state reimburses nursing homes with Medicaid patients — a move they say will engender more accountability and equity — the report paints a complicated picture that neither fully bolsters Pritzker’s argument for an overhaul nor the resistance from the nursing home industry warning its cash-poor facilities will close en masse.
Scroll down…
According to the national Staff Time and Resource Intensity Verification, or STRIVE Project, Illinois accounts for 47 of the 100 most understaffed facilities in the nation when comparing actual staffing levels against their target levels within STRIVE.
The persistent staffing issue is at the heart of Pritzker’s proposed overhaul to how the state pays nursing homes; the Department of Healthcare and Family Services wants to increase nursing home reimbursement rates, but have those increases tied to a facility’s staffing levels and other safety improvements.
But Manatt’s consultants found IDPH has long had the power — and has actually been obligated by state law — to enforce skilled nursing facility staffing ratio requirements, but hasn’t.
*facepalm*
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COVID-19 roundup
Tuesday, Oct 19, 2021 - Posted by Rich Miller
* Tribune…
Gov. J.B. Pritzker said Tuesday that a continued decline in coronavirus cases and hospitalizations in Illinois could lead him to lift “certain mask mandates” in time for the holiday season.
“We want to remove the mitigations as we approach the holidays,” Pritzker said during a COVID-19 briefing at the James R. Thompson Center in the Loop. “That’s an important marker for us.”
“We want to make sure that these numbers keep going down,“” he said. […]
At the time the mandate was issued, Pritzker pointed to the recommendation from the federal Centers for Disease Control and Prevention that people wear masks indoors in areas of “substantial” or “high” coronavirus transmission. As of Monday, that still included all but two of the state’s 102 counties, both of them downstate.
Map…
* Pritzker was responding to a question from Amy Jacobson about the state’s mask mandates…
Well, we’re continuing, again, to watch the numbers. You know that we look at these every day, Dr. Ezike and the IDPH team. And we work with them to determine when the right time is. I think you’ve seen that, although numbers have come down. And I know pretty much every moment of every day, you’ve wanted us to remove every single mitigation. Every question that you give is a question about removing mitigations. I want them to go away too. But we want to make sure that we’re keeping people healthy and safe, following the guidelines that doctors are offering for us. And so we’ll continue to do that. And obviously we want to remove the mitigations as we approach the holidays. These are you know, that’s an important marker for us. We want to make sure these numbers keep going going down and we’d like very much to head into, you know we have three holidays coming up. But especially Thanksgiving and Christmas, where people spend extended amounts of time together. So we’d like very much to get to a place where we can remove certain mask mandates.
Please pardon any transcription errors.
* Hannah Meisel took a look at the numbers in a long thread and concluded…
* But then up comes the clickbait headlines…
Gov. JB Pritzker Hopes To Lift Statewide Indoor Mask Mandate In Time For Holidays
* IPHA…
Community Health Workers responded to 5,586 service requests in September.
Behind each request is someone experiencing the harmful, long-term effects of the COVID-19 pandemic. As demonstrated in the data table below, most of the service requests received in September were for basic human needs, such as food and household items, income assistance (including rent and utility payment programs), and even finding a safe place to quarantine. […]
Notice also that [southern Illinois] Region Five, despite being a more rural, sparsely populated part of Illinois, had the highest number of service requests for the month. Health administrators in those southernmost 20 counties reported all intensive care unit beds were in-use as a surge tore through the region. This left patients who would have otherwise been hospitalized with few options other than to remain isolated at home for several days.
…Adding… Today’s data…
* More…
* Pritzker pushes COVID booster shots for eligible residents: Pritzker urged skilled nursing facilities to make booster shots available to all residents and staff before Thanksgiving. The Illinois Department of Veterans Affairs is also preparing to provide booster shots to residents at state-run veteran’s homes.
* You can’t work at this southwestern Illinois hospital without COVID-19 vaccination: “As the principal healthcare provider in our community, we should serve as a leader to our patients, families, coworkers, and community,” President of Touchette Regional Hospital Jay Willsher said.
* Just 54% of Chicago Police Officers Tell City Officials They Are Vaccinated Against COVID-19
* Compliance with vaccine mandate for city employees worst among police, firefighters
* Hearing planned Wednesday in Chicago Fraternal Order of Police’s battle with city over vaccine mandate
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Support Regulated Pet Stores And Defeat Puppy Mills
Tuesday, Oct 19, 2021 - Posted by Advertising Department
[The following is a paid advertisement.]
Illinois families will soon be losing their opportunity to purchase dogs and cats from safe, highly-regulated local pet retailers, such as Petland, who offer their customers the choice of a pet that best fits their needs and provide health warranties. This change is coming because the state’s Animal Welfare Act has been updated through HB 1711 which bans the retail sales of dogs and cats obtained from licensed and regulated professional breeders.
But HB 1711 needs fixing, because while singularly blocking retail pet sales, it fails to strengthen any animal standards or protections at unregulated puppy mills across the state. Consumers looking for particular breeds will have no choice but to purchase dogs from unregulated breeders or dog auctions – thus perpetuating puppy mills. Responsible breeders and retailers will be heavily penalized while HB 1711 does nothing to address the issue of substandard breeders across the state.
Petland is dedicated to improving animal welfare and we have publicly demonstrated this commitment; in fact, we support the Humane Society’s petition effort to improve standards of care. Petland’s breeder pledge is a commitment to provide more space, more exercise, and more socialization for their pets plus numerous other improvements to standards of care.
Home - Protect Our Pets Illinois
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Changes urged to HCRCA
Tuesday, Oct 19, 2021 - Posted by Rich Miller
* Tribune…
Separately, Pritzker will be pushing for legislation to prevent some public employees, including police officers and teachers, from trying to skirt COVID-19 vaccine mandates by citing a state law that allows people to avoid certain health care services for moral or religious reasons.
The state’s Health Care Right of Conscience Act was intended to allow health care workers, especially those at Roman Catholic hospitals, to deny the distribution of emergency contraceptives to patients seeking abortions.
In broad terms, the law applies to “any phase of patient care,” but whether the law indeed applies to vaccine mandates will be taken up at some point during two-week session.
Some courts have ruled in favor of employees who citied the right of conscience exemption. But the Pritzker administration said the law is being interpreted incorrectly by those resisting the vaccine requirements and is seeking to exempt masking and vaccine mandates from the statute.
The administration’s language would also exempt testing….
“Testing” is specifically included in the law’s definition of health care.
That’s the key here that too many in the media don’t appear to quite grasp. The unvaxed are claiming they shouldn’t be required to be regularly tested. It’s a wholly ridiculous argument.
* Capitol News Illinois…
The Health Care Right of Conscience Act defines conscience as “a sincerely held set of moral convictions arising from belief in and relation to God, or which, though not so derived, arises from a place in the life of its possessor parallel to that filled by God among adherents to religious faiths.” On those lines, certain care can be refused.
The governor’s office has been promoting legislation that would narrow the allowable exemptions when it comes to COVID-19 requirements, although a spokesperson did not identify the exact language it was pursuing.
“The Health Care Right of Conscience Act was never intended to allow people to avoid public health guidance and jeopardize workplace safety during a global pandemic. The administration supports efforts to clarify the law, so it cannot be misinterpreted by fringe elements,” Pritzker spokesperson Emily Bittner said in a statement Monday.
Subscribers have the proposed language.
* Meanwhile, the SJ-R continues to run big splashy stories about a couple of Springfield teachers who are refusing to be tested regularly based on their “conscience”…
The resolutions, “notices to remedy,” were unanimously passed by the school board without discussion. They stated the teachers’ actions could “(warrant) discharge and dismissal.”
The two stood by each other and later embraced as the resolutions were read by assistant superintendent of human resources Gina McLaughlin-Schurman. […]
Koen and Keys have cited “personal liberties” as motives for defying the governor’s mandate. Neither said they were budging from their positions as they and several supporters, including fellow teachers, addressed the board in the public comment section.
“That they’ve taken (our livelihoods) from us over something that is completely illegal and completely irrational is unconscionable,” Keys said of the mandate.
If your conscience tells you not to be tested regularly for a debilitating and potentially fatal disease after refusing to take a safe vaccine, there’s something very, very wrong with your conscience. Making heroes out of these two without making that clear is beyond irresponsible.
* Center Square…
Elsewhere throughout the state, local officials seem to be negotiating mandates in good faith with local law enforcement unions, [Illinois Fraternal Order of Police President Chris Southwood] said. If not, he said there’s always the state’s Health Care Right of Conscience Act.
“It clearly states that it’s unlawful to discriminate because of a person’s conscientious refusal to receive health care service contrary to his or her conscience,” he said. “We clearly feel we can fall back on that when we need to when it comes to these vaccine mandates and how they are implemented.” […]
The FOP he said will be lobbying against any possible changes to the Health Care Right of Conscience Act, a decades-old law he says gives broad protections to people refusing medical treatments that go against their beliefs.
“We’ll let General Assembly members know right up front that if you vote for changes to this act, we’re going to make sure your constituents are aware that you voted for changes to that act,” he said.
I’m fairly certain that the majority of Illinoisans will find it ridiculous for the unvaxed to use a “conscience” excuse to opt out of regular COVID testing.
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The other side of the “Fair Map” debate
Tuesday, Oct 19, 2021 - Posted by Rich Miller
* Russell Berman at The Atlantic…
The stakes for the reapportionment that follows the decennial census are always enormous; the redistricting process draws lines for Congress and state legislatures that endure for a decade. But the consequences over the next few years could stretch far beyond the fate of President Joe Biden’s agenda or whether a particular state’s taxes go up or down: Given former President Donald Trump’s continued dominance over the GOP and the possibility that he will run again, whichever party controls the House and key state legislative chambers could determine the next presidential election. That stark reality is giving the Democrats who championed nonpartisan commissions second thoughts. “As a matter of policy, I think we should pursue these, because I think it’s the right thing to do,” Morgan Carroll, the chair of the Colorado Democratic Party, told me. “But as a matter of politics, if across the country every Dem is for independent commissions and every Republican is aggressively gerrymandering maps, then the outcome is still a Republican takeover of the United States of America with a modern Republican Party that is fundamentally authoritarian and antidemocratic. And that’s not good for the country.”
Democrats have not abandoned gerrymandering everywhere. In large blue states such as New York, Illinois, and Maryland, the party is expected to draw maps that maximize its partisan advantage. But Republicans control the redistricting process governing more seats, and given the Democrats’ narrow House majority, the GOP could take back power through gerrymandering alone. By giving up their mapping pens in just a few states, Democrats might also have given away their gavel.
No state illustrates the Democrats’ predicament better than Colorado, where the party holds the governorship and solid control of the legislature. That power could have allowed Democrats to draw a favorable new congressional seat, shore up their four House incumbents, and target the reelection bid of freshman GOP Representative Lauren Boebert, who supported Trump’s bid to overturn last year’s election. In 2018, however, Democrats backed a ballot initiative to hand power over congressional redistricting to a nonpartisan commission. The map that the panel has proposed would instead make the new Eighth District north of Denver a toss-up, potentially jeopardize at least one of the Democratic incumbents, and ease Boebert’s path to another term, Carroll told me. The difference between the commission map and what Democrats might have drawn themselves could be nearly enough to tip the balance of power in the entire House. “It is a problem,” a high-ranking Colorado Democrat told me, speaking on the condition of anonymity to offer a candid assessment. […]
Along with Colorado, California now serves both as the model for the kind of redistricting commissions Democrats want to establish nationwide and as an impediment to their hopes of retaining power long enough to do so. The party controls 42 out of the state’s 53 seats in Congress—easily the biggest Democratic delegation in the country—but an aggressive Democratic gerrymander probably could have yielded a few more.
Obviously, there’s hyperbole in that piece, so take a deep breath before commenting.
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* Good infrastructure news from the Tribune…
Gov. J.B. Pritzker on Monday unveiled a six-year timeline for the $1.2 billion reconstruction of Interstate Highway 80 through Will County, including work on aging bridges over the Des Plaines River considered so decrepit that unions put up billboards with warnings such as “Cross bridge at your own risk” two years ago.
“In recent decades, this stretch of I-80 has also come to represent the disinvested infrastructure that Illinois used to be notorious for,” Pritzker said during a news conference Monday in New Lenox. “That’s all changing.”
* Bad infrastructure news from the Tribune…
On Saturday morning, Dixmoor resident Martha Montero turned on her shower to find nothing. But she had water stored in a cupboard from the numerous other times this had happened. […]
The issues with water have been ongoing for about two years, said 29-year-old Montero. […]
The town has been without a reliable and consistent water source since Saturday. According to Dixmoor Village President Fitzgerald Roberts, that is because of breaks in the pipe that brings water into Dixmoor, affecting the whole town’s water supply. The latest break was Monday. […]
Harvey supplies water to other towns including East Hazel Crest, Hazel Crest, Homewood and Posen.
Homewood is in the process of switching its water source due to “erratic water rates” and “unreliable infrastructure,” said Homewood’s marketing director Jennifer Quirke.
* And I still don’t know what to make of this idea…
The developer behind the proposed $20 billion One Central development revealed details for the project’s first phase: a transit center surrounded by roughly 1.4 million square feet of retail, dining and entertainment space on a 35-acre site above the train tracks near Soldier Field.
The full plans for One Central, unveiled in 2019, include up to 22.3 million square feet of buildings with as many as 9,050 residential units and 9.45 million square feet of offices. The project still needs city and state approval to proceed, and Landmark president Bob Dunn has said he expects to submit a zoning application by late October or early November.
* Related…
* Rush hour is coming back, but slower traffic hasn’t meant fewer crashes: One solution is to put “traffic calming” measures onto city streets, which can help protect cyclists and pedestrians too, as biking and walking are growing in popularity throughout Chicago and the suburbs, she said. That can include lower speed limits, pedestrian islands and crosswalks in roadways and bike lanes, which both provide space for cyclists and narrow streets to encourage lower speeds. The measures might be one way to reverse not only the pandemic spike in traffic fatalities and deaths, but also a longer-term uptick in the Chicago area that predated the pandemic, Wilkison said.
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