Survivors of the mass shooting at a suburban Chicago Independence Day parade and family members of those killed filed 11 lawsuits Wednesday against the manufacturer of the rifle used in the attack, accusing gun-maker Smith & Wesson of illegally targeting its ads at young men at risk of committing mass violence.
The sweeping effort by dozens of victims of the Highland Park shooting, anti-gun violence advocates and private attorneys announced Wednesday is the latest bid to hold gun manufacturers accountable for a mass killing despite broad protections for the industry in federal law.
The group’s strategy mirrors the approach used by relatives of victims of the 2012 Sandy Hook school killings, who in February reached a $73 million settlement with the firearm company that produced the rifle used in that attack. That was believed to be the largest payment by a gun-maker related to a mass killing and hinged on the families’ accusation that Remington violated Connecticut consumer protection law by marketing its AR-15-style weapons to young men already at risk of committing violence.
“The shooter did not act on his own,” said Alla Lefkowitz, senior director of affirmative litigation for the gun safety organization Everytown. “What happened in Highland Park on July 4 was the result of deliberate choices made by certain members of the industry.”
A central claim of the legal action is that the gun manufacturer behind the M&P 15 semiautomatic rifle illegally targeted young men at risk of violence with advertisements for firearms. […]
The suit alleges Smith & Wesson ads mimic a first-person shooter perspective depicted in many popular video games, utilize visuals of apparent military or law enforcement personnel and emphasize the gun’s combat features. […]
Families of Sandy Hook victims claimed Remington violated Connecticut consumer protection law by marketing its guns to young men with an existing risk of committing violence. A lawyer at the center of the Sandy Hook settlement issued a letter in June to the maker of the AR-15 used in the Uvalde Elementary School mass shooting in Texas on behalf of the father of one of the victims, seeking answers about marketing their products to teens and children.
In addition to Smith & Wesson, the accused gunman and his father, the victims are also suing Red Dot Arms, the gun store where the accused gunman purchased the weapon and Bud’s Gun Shop, an online gun distributor.
Gun manufacturers have historically been protected from lawsuits like this under the Protection of Lawful Commerce in Arms Act, a law Congress passed in 2005 that gives gun manufacturers and dealers broad immunity from lawsuits. But attorneys and experts on Wednesday asserted that there is an exception that allows for the lawsuits to proceed.
“That exception is when a member of the gun industry knowingly violates a state or federal law applicable to the sale or marketing of firearms, and here that is exactly what is being alleged,” Alla Lefkowitz, senior director of affirmative litigation for Everytown Law, said at the news conference. “Smith & Wesson, in addition to the two guns shops named as defendants, did violate the law.”
Lefkowitz said the legal coalition believes Smith & Wesson violated Illinois consumer protection laws by using deceptive marketing and advertising to sell the M&P15 as a military weapon. But the lawsuit claims that the sales do not reflect this, and attorneys on Wednesday called the idea that the weapon was used by the military a “fiction” pushed by the company, which went so far as to trademark the name “M&P,” a reference to “military and police” as a way to attract customers. […]
It was people like Crimo, the lawsuit contends, that Smith & Wesson had directly in their crosshairs as they sought to make more money through such marketing, which also promised “more adrenaline” and encourages consumers to “kick brass.”
While police say the assault-style rifle Crimo III allegedly used in the shooting, a Smith and Wesson M&P 15, was legally purchased, the lawsuit says Smith and Wesson “facilitates violence for profit,” and targets vulnerable young men to market their products too.
“The shooter fits the demographic of customers that Smith & Wesson targeted with its negligent and unlawful marketing,” the lawsuit says. “An avid user of the social media platforms used by Smith & Wesson to promote its assault rifles, the shooter displayed his hardcore violent fantasies online, styling himself on one platform as a “Master Gunnery Sergeant,” and on others as a video game assassin. He spewed hatred online and often posted videos of himself playing first-person-shooter games.”
The lawsuit says that after the shooting, Smith and Wesson portrayed itself as the victim and outlines what the plaintiffs say is a pattern and history of marketing towards young men with a propensity for violence.
“Smith & Wessson’s marketing campaigns don’t just blur the line between fantasy and reality, they destroy it,” said attorney Ari Scharg, with Edelson.
The civil lawsuits now pending in Lake County are separate from the criminal charges that shooting suspect Robert Crimo III faces and assert the defendants violated the Illinois Consumer Fraud Act, which prohibits consumer fraud and deceptive practices. […]
The gunmaker, the lawsuits say, “markets its assault rifles to young, impulsive men by appealing to their propensity for risk and excitement” by maintaining an active presence on social media using violent video games — including ones played by Crimo — and social influencers as marketing tools.
“For Smith & Wesson, the younger the shooter, the better,” the lawsuits say.
They say the gunmaker’s marketing campaign continued even though Smith & Wesson “knew or should have known in the last decade, mass shooters have used Smith & Wesson weapons as their weapons of choice.”
* The Question: Your thoughts on this legal action?
Fabrizio, Lee & Associates recently completed a survey of 800 likely voters in the 2022 Illinois gubernatorial general election, and it is clear that the Pritzker vs. Bailey race is tightening significantly.
Some key takeaways:
- Pritzker previously was leading Bailey by 10 points in August, but Bailey has chopped that lead in half to 5 in September.
- Among “definite” voters, Pritzker is only up by 3 points, which is within margin of error.
- If you have an option of both candidates, Prizker’s lead is 3; if you’ve heard of both, Pritzker is up by only 1.
- Bailey is crushing it with independents, leading Pritzker by 12 points.
- Bailey is leading among all men by 2 points, while Pritzker leads with women by 12.
- Pritzker is underwater in both Total Approval (49% Approve vs. 50% Disapprove), and Strongly Disapprove (45%) vs. Strongly Approve (just 18%).
* I think the last time Pritzker was at a Chicago Tribune editorial board meeting was during the 2018 Democratic primary. He’s met with several other newspaper editorial boards, but he hasn’t been back to the Tribune since then…
JB’s once again hiding from his failed record of high taxes and skyrocketing crime. He’s “unable to participate” in the @chicagotribune Editorial Board Meeting. He’s an out-of-touch billionaire who fears accountability. I’ll be here when you’re done hiding, @JBPritzker. #twill
* A new ballot initiative committee has been formed to oppose the Workers’ Rights Amendment. It’s called Say No to the Proposed Amendment 1 Tax Hike, has no money yet, but is chaired by former Republican Comptroller Leslie Munger.
Candidate for Congress Chris Dargis has held numerous leadership roles for companies sued for deceptive advertising, marketing unsafe products, and selling consumer’s data without their consent. Thread:
I’m Lovin It! I stand with @McDonalds in their fight to keep our communities safe & their restaurants open. Sadly, @TammyDuckworth sides with Mayor Lightfoot. McDonald’s is my go-to comfort food on the campaign trail. We need to support our great Chicago business. #imlovinitpic.twitter.com/p1h53zcpwh
* Also must-watch, with the background that Rep. Kelly was once the lone “Present” vote on Speaker Welch’s election and with a forewarning that Welch is an absolutely horrible singer…
Harmon clearly has Welch beat when it comes to musical talent.
* There aren’t too many statewide Republican candidates that Jim Edgar can endorse, and Dan Brady is definitely one of them…
Former Illinois Governor and Secretary of State Jim Edgar, plus major labor, business, public safety and advocacy organizations have endorsed Dan Brady, a Bloomington Republican, for Illinois Secretary of State.
“As former Secretary of State, I know Dan Brady possesses the skills, experience, and work ethic to improve the office and provide efficiency to the public,” former Gov. Jim Edgar said. “As former Governor, I know Dan has the experience and talent to work with the General Assembly and the executive branch to provide service for the people.”
“It is truly an honor to receive Gov. Edgar’s endorsement,” Brady said. “He continues to be the standard by which honest and responsible governing is judged, and I will be proud to carry that legacy of public service as your next Secretary of State.”
Brady has also received the endorsements of the Illinois Education Association, Illinois Chamber of Commerce, Illinois Fraternal Order of Police State Lodge, the Sheriffs’ of Illinois PAC, Associated Fire Fighters of Illinois, and ABATE of Illinois.
Kathi Griffin, Illinois Education Association President: “The Illinois Education Association is the largest union in Illinois. On behalf of our board and more than 135,000 members, I’m glad to recommend Dan Brady for Secretary of State. He is recommended because of his commitment to public education. Dan Brady’s vision for continuing drivers’ education, improving library development and helping ease the school bus driver shortage makes him the most qualified candidate for Secretary of State.”
The Republican candidate for Illinois treasurer is speaking out against Democratic lawmakers and warns tax increases are coming after the November election.
Tom Demmer, a state representative from Dixon, hosted a news conference Wednesday and said the Democrats are being secretive with the public about their post-election plans.
“The concerning item I want to talk about today is how Illinois Democrats seem to be hiding many of their pending tax increases until right after the election,” Demmer said.
Demmer, who faces off against incumbent Democratic Illinois Treasurer Mike Frerichs in the November election, said some of the increases are already going into effect.
“On Jan. 1, this temporary gas tax freeze expires, and the gas tax will increase again. That was timed to cover just half a year and push us right past the election,” Demmer said. “Cook County residents have not seen what they will be required to pay this year and will not see until the end of the year. Again conveniently timed until after the election.”
100 of 102 Illinois State’s Attorneys have come out against the [un] SAFE-T act - including multiple Democratic States Attorneys who have filed lawsuits to stop its most dangerous provisions that go into effect on January 1st 2023. Meanwhile, Speaker of the House Chris Welch is doubling down on House Democrats’ support with open arms.
From the Chicago Tribune yesterday:
“Despite continuing criticism about the law that will do away with cash bail next year, Illinois House Speaker Emanuel “Chris” Welch doubled down in his support for the SAFE-T Act, addressing critics head on during a City Club speech.”
As reported by NBC5 Chicago:
“The debate over the SAFE-T Act is pitting Democrats against members of their own party. Today Speaker of the house Chris Welch defended the wide-ranging bill but several States Attorneys are suing the Governor and the Attorney General saying the changes are unconstitutional.
In his speech, Welch defended the Act despite its extreme unpopularity with the general public, saying “We know the SAFE-T Act will help people, it will help people.”
Violent crime in Chicago is up 37% over this time last year. Meanwhile, since similarly eliminating cash bail for most nonviolent offenses in 2019, New York City has seen a massive spike in crime citywide. It has also increased recidivism - 20.1% of “felony arraignments” are rearrested, with 16.1% failing to appear at arraignment.
“It’s unclear who the ‘people’ are that Speaker Welch feels that the un-SAFE-T Act will help, because the Act will lead to the release of more dangerous criminals and more crime in our communities,” said Illinois Republican Party Chairman Don Tracy. “The question remains, does Democratic leadership in the General Assembly even care about law-abiding citizens of Illinois including crime victims? With so many Illinois Democrat legislators recently indicted for criminal misconduct, it may be that protecting career criminals is more of a priority for Democrat legislators than public safety.”
Seven members of the Illinois General Assembly and nine Chicago Democrat Aldermen and women have been indicted, convicted or plead guilty since 2019. Also, the [un] SAFE-T Act’s chief sponsor, Senator Elgie Sims, is now under federal criminal investigation, and another Democrat - Senator Michael Hastings - has faced accusations of domestic violence and workplace harassment.
Residents of a Far North Side tent city were given fake eviction notices this week as part of an apparent stunt from a college student linked to a political gadfly challenging the incumbent aldermen.
The one-page notices titled “Maria Hadden’s Five Day Notice To Vacate” were stuffed into belongings and posted on signs in and around Touhy Park, 7348 N. Paulina St., residents said. They were dated Sept. 27 and listed the name of Hadden, the 49th Ward alderperson, in bold blue type over a line reading “landlord/agent.” […]
It also says residents will be relocated for free to the Four Seasons Hotel in Gold Coast. Their stay at the hotel, 120 E. Delaware Place, would be open-ended “for as long as it takes for Maria Hadden to find you appropriate housing,” the notice states.
The worst part is this reasoning from the person who admitted handing out the “eviction notices”…
“I do have a plan for the homeless problem there, and this was a publicity stunt to drive traffic to my site where I am going to discuss it,” [Sarah Lim, a DePaul University freshman who is considering a run for mayor] said.
With the bulk coming from Cook County and Chicago, more than 463,000 vote-by-mail ballots could be in the mix for Illinois’ Nov. 8 election, delaying election outcomes by up to two weeks.
Along with early voting beginning Thursday in Illinois, local elections officials are sending out requested vote-by-mail ballots. Illinois State Board of Elections spokesman Matt Dietrich said those mail-in ballots will take up to two weeks to count after the polls close Nov. 8.
“It really depends on how many vote-by-mail ballots are still out on election night,” Dietrich told The Center Square. “We do want to be clear to people that this is normal.” […]
Dietrich remembers that as recently as the 2014 Illinois Treasurer’s race, projections changed drastically.
The article goes on to warn about “election integrity.”
* More…
* The national wave of unfounded election-fraud accusations does not spare Illinois: Votebeat, a nonpartisan website covering voting and elections, reported earlier this month that many of the letters were sent to practically every state in response to calls from conspiracy theorists, including Mike Lindell, the CEO of My Pillow and Trump supporter who continues to state without proof that the 2020 election was stolen. Lindell and others have called on sympathizers to request these records, providing them with a template that many are using in their own states. The requesters are then directed to provide whatever they get back to a central repository for analysis. Jessica Huseman, Votebeat’s editorial director, said the requesters are seeking something known in elections parlance as “cast vote record.” That cannot be used to show fraud anyway, she said.
* Chicago Teachers Union endorses Brandon Johnson for mayor, but he’s not in the race yet: In 2015 and 2019, CTU and SEIU threw their support to Cook County commissioner Jesus “Chuy” Garcia and Board President Toni Preckwinkle, respectively, in their unsuccessful campaigns. Garcia, now a congressman, is considering a run for mayor in 2023 but those efforts are potentially complicated by the teachers union supporting another candidate.
In one matchup, ex-Lake County Sheriff Mark Curran, a Republican, faces Democratic Lake County Judge Elizabeth “Liz” Rochford. The 2nd Supreme Court District covers Kane, Lake and McHenry counties as well as DeKalb and Kendall counties. […]
Asked who won the 2020 presidency, [Mark] Curran told WBEZ, “It’s kind of irrelevant, but Joe Biden won the election.” But in a Jan. 3, 2021, Facebook post, Curran circulated now-debunked claims about vote fraud in the presidential elections.
Despite the fact 18 more states signed on to Texas’ petition, the Supreme Court dismissed the case, citing lack of standing. Only Justices Clarence Thomas and Samuel Alito dissented.
Former House Speaker Newt Gingrich, a student of history, compared the long list of anomalies to another election nearly 200 years in the past.
“The more data comes out on vote anomalies that clearly are not legitimate the more it looks like 2020 may be the biggest presidential theft since Adams and Clay robbed Andrew Jackson in 1824.” Gingrich tweeted. “State legislatures should demand recounts.”
* But, wait, there’s more where that came from…
* Note the date below the video on his “Who knows what 2021 will bring” Dec 30, 2020 post…
Chicago’s Board of Education on Wednesday narrowly approved key steps toward the construction of a Near South Side high school despite significant opposition from even the strongest advocates for a new neighborhood school.
The school board in a 4-3 vote opted to move forward with leasing former public housing land from the Chicago Housing Authority to build a high school and to acquire another nearby parcel for the CHA in exchange. The district will also ask the city’s Public Building Commission to begin designing the school.
The rare split vote came after heavy debate about the need, viability and fiscal responsibility of the project. Several board members questioned the speed with which the city is attempting to push forward the proposal, with one calling the decision to proceed a “misuse of public money.” […]
State Rep. Theresa Mah, a Chicago Democrat, made waves this week when she said she would block $50 million in state funding for the project that she had pushed through the General Assembly two years ago. Long a supporter of an open-enrollment high school for Near South residents, Mah said the city has not taken genuine community concerns into consideration. She accused Lightfoot and CPS of “manufacturing” support for the school.
I asked the governor’s people this morning what Gov. Pritzker will do with the disputed state funds. But, as it turns out, there’s no public money to “misuse.”
* From Jordan Abudayyeh at the governor’s office…
Capital projects are generally funded through the issuance of state bonds. To ensure that Illinois continues its improving fiscal trajectory, this administration also requires that capital bonds are backed by a specific revenue source, so that they can be paid back in a predictable and stable manner.
The authority to issue bonds is granted by the General Assembly, and requires a vote of 3/5 of the members.
In the case of this project, the General Assembly included the appropriation for the project but not the bonding authority in legislation. Until the administration has the needed bond authority or other source of revenue, this project is not funded.
So, while there is an official state appropriation, there’s no actual state money for CPS to spend because no bonding was authorized. It’s kinda like writing a check to pay off a bill and never mailing it because the bank account doesn’t exist.
Madison County State’s Attorney Tom Haine on Wednesday sent a letter to Gov. J.B. Pritzker, saying he is willing to work with the governor to correct problems with the SAFE-T Act before it takes effect Jan. 1.
Haine’s letter, in response to Pritzker’s Sept. 23 message, said the SAFE-T Act, which abolishes the cash bail system in Illinois, will limit the ability of his office – as well as local judges – to detain dangerous defendants prior to trial.
“(T)he percentage of aggravated domestic violence prosecutions that prosecutors dropped increased from 56% before [Cook County’s 2017 bail reform] to 70% after. A reasonable inference is that the increase in dropped cases resulted from batterers more frequently obtaining pretrial release and intimidating their victims into not pursuing charges at trial.”
But Cook County’s bail reform isn’t the same as the SAFE-T Act.
* Something that’s gotten lost in the uproar is that respected groups which advocate for domestic violence victims are strongly in favor of the state law because they contend the SAFE-T Act is a major improvement to the current system. From Mike Miletich’s latest story…
“It isn’t about letting people out of jail,” said Vickie Smith, President and CEO of the Illinois Coalition Against Domestic Violence. “It’s about doing your job to determine whether or not the individual being charged is a danger to the community or individuals.”
ICADV said the law will prioritize the safety of survivors by having a comprehensive, fact-based hearing process for individual decisions about pretrial release. Smith said no one can force crime victims to participate in the hearing process. Attorneys or local crisis advocates can go to court hearings on their behalf. However, Smith stressed that it is important to allow them to have the opportunity to participate if they choose to. […]
Advocates noted that lawmakers needed to address the current timeline for pretrial hearings as people are frequently arrested and appear in bond court within a few hours, leaving victims confused and worried about their future. […]
[Mallory Littlejohn, the Legal Director with the Chicago Alliance Against Sexual Exploitation] explained that pretrial release may be denied if the defendant is charged with stalking or aggravated stalking and it is alleged that release poses a real and present threat to the safety of a victim. A judge can also deny release if the survivor of abuse was a family or household member with an order of protection against the defendants. The law calls for denial of pretrial release for any defendants charged with domestic battery if the suspect poses a threat to the safety of a victim or other people as well.
“We were able to include issues regarding civil no contact orders and stalking no contact orders when the bill originally only referenced orders of protection. That’s an expansion,” said Carrie Ward, President and CEO of the Illinois Coalition Against Sexual Assault. […]
“We believe firmly that whether or not you can write a check is not how we should determine whether or not someone is safe enough to let out of jail,” Smith explained. “In the best interest of victims of domestic violence and the community, we need these procedures in place so we actually look at an individual, look at the circumstances and then decide whether or not they can be released or if they should be detained.”
That piece was published today - a day after WGN released its poll…
But despite Bailey’s efforts, and an onslaught of political ads paid for by Dan Proft’s “People Who Play By the Rules” PAC, Illinois likely voters say the economy is still the No. 1 issue (35%) driving their vote in November, followed by threats to democracy (17%) and abortion access (14%).
Crime is fourth on that list, with only 10% of voters picking the issue as their top concern. Of that group, the advantage does go to Bailey. About 58% of those who say crime is their top issue support his campaign.
* Speaking of that poll…
Bailey campaign spokesman reacts to WGN-TV/The Hill/Emerson College Poll showing his candidate down by 15 points. pic.twitter.com/vpaZJZ9IiJ
That 2022 primary poll was taken in May, before Bailey started surging. Polls can’t predict the future, they can only give you a snapshot of the time they were taken.
I don’t know what other independent polls are out there, but that internal poll that Fox 32 ridiculously hyped was a push poll and Bailey was still trailing.
* One more…
WGN poll on the IL Gov race is crap and so is the reporting on it. For example, on the slides from the pollster they have Pritzker fav/unfav at 54-40. In the actual story, they report his fav/unfav as 45-41. Which is it? Another media poll used to try and drive a desired outcome.
The simple explanation is that the story has an error. It doesn’t match up with the actual poll results. And, excuse me, but how does it hurt Bailey that WGN screwed up a story that more people saw than will see its accurate tweet?
Gov. JB Pritzker is in the process of donating more than $11 million from his campaign fund to Illinois Democrats up and down the ballot, according to the State Board of Elections and his campaign office. […]
The governor is still talking with Illinois Senate Democrats before a likely donation of $1 million. Pritzker wants to ensure that those resources aren’t used to support senators the governor has urged to resign.
Statewide candidates Kwame Raoul, the incumbent attorney general, and Alexi Giannoulias, the secretary of state candidate, each received $1 million. Raoul faces Republican Tom DeVore, an attorney notorious for filing lawsuits against Pritzker’s Covid-19 mandates. And Giannoulias, a former state treasurer, faces Republican state Rep. Dan Brady.
Supreme donations: The Democrats running in the two highly contested Illinois Supreme Court races — Elizabeth Rochford and Mary Kay O’Brien — each received $500,000.
Courting counties: Pritzker donated $1 million to Cook County Democrats, the bluest county in the state and anywhere from $10,000 to $100,000 to other Democratic county organizations across Illinois.
Also, the Senate Democrats have already said they won’t be backing Sen. Michael Hastings’ reelection and Sen. Emil Jones III has no Republican opponent.
