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Afternoon roundup

Thursday, Feb 2, 2023 - Posted by Rich Miller

* This decision is not a suprise. At all..


Also not a surprise, Darren Bailey urged his followers today to pay $200 and sign up for DeVore’s third lawsuit. The TRO is here.

…Adding… From Attorney General Kwame Raoul…

“Over the last few years, my office has become accustomed to facing a barrage of challenges to newly-enacted state statutes and executive orders. The Protect Illinois Communities Act is an important tool in our fight to protect Illinois residents from gun violence, and as with past matters, we recognize that the act’s constitutionality will ultimately be decided by a higher court. We are reviewing the circuit court’s decision and continue to review the 5th District’s decision. We will seek the Illinois Supreme Court’s review of challenges to the Protect Illinois Communities Act, and we will ask the court for an expedited schedule.”

* From End Citizens United…

Hi Rich,

Hope you’re doing well. Reaching out from End Citizens United. Saw your coverage of the letter we sent to Rep. Mary Miller calling on her to donate the money she received from George Santos. Wanted to flag for you that it appears Rep. Miller showed no sign of disbursing her Santos money in the most recent FEC filings she submitted this week.

All the best,
Arik Wolk

* Press release…

The Justice Department announced today that the village of Hinsdale, Illinois, has agreed to pay $800,000 to settle a lawsuit alleging that the village violated the Fair Housing Act when it refused to allow the operation of a sober living home for persons in recovery from drug and alcohol addiction in a residential neighborhood.

The settlement, which still must be approved by the U.S. District Court for the Northern District of Illinois, resolves a lawsuit that the Department filed in November 2020. This settlement also resolves a related suit brought by the sober living home’s owner and operator, Trinity Sober Living LLC.

“Individuals with disabilities – including those recovering from drug and alcohol addiction – should not be excluded from living in residential neighborhoods,” said John R. Lausch Jr., United States Attorney for the Northern District of Illinois. “Such discrimination by local governments is forbidden under the Fair Housing Act.”

“Local governments do not have the right to use zoning laws and restrictions as a vehicle to discriminate against people with disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Department of Justice is committed to vigorous enforcement of federal law to ensure that individuals in recovery have access to the housing and support they need to maintain their sobriety and lead productive lives.”

The Department’s lawsuit alleged that the village of Hinsdale violated the Fair Housing Act after it denied a reasonable accommodation request by Trinity Sober Living LLC to operate a sober living home with ten residents and a house manager in a residential neighborhood. The complaint alleged that, one day after Trinity requested an accommodation, the village sued Trinity in state court for violations of the zoning code, including that the home was a “commercial use” and would have more than three unrelated adults.

Under the settlement, the village will amend its zoning ordinance to comply with federal anti-discrimination laws, including permitting homes for persons with disabilities in residential districts, with the same size limitations applied to families of similar size, and implementing a reasonable accommodation policy. The village will also pay $790,000 in monetary damages to Trinity as well as a civil penalty of $10,000 to the United States. The village also agreed to take a number of other actions to guard against housing discrimination, including training village officials and employees about their obligations under federal law, designating a fair housing compliance officer and reporting periodically to the Justice Department.

* Rockford Register Star

Neighbors of the city’s new abortion clinic at 611 Auburn St. have filed a lawsuit in Winnebago County Court claiming the clinic is improperly zoned and that the clinic’s operation is negatively impacting the neighborhood. […]

The suit says the Rockford Zoning Board of Appeals “abdicated their solemn duty to enforce the City of Rockford Zoning Ordinance” by allowing a medical clinic to operate as a home business and allowing the clinic’s operator to live elsewhere.

The lawsuit also claims that the controversial nature of the business has caused disruption to the neighborhood, attracting protesters, traffic and noise.

* Paul Vallas education plan highlights

• Opening schools well into the evening, weekend and holidays to provide academic support, recreational activities and community-based services
• Creating paid High School Work Study programs in place of non-essential electives to build the competence, confidence and life skills
• Expanding the Alternative Schools network and opening Adult High Schools to reclaim the thousands of students who left during the pandemic.
• Empowering and trusting local communities through elected Local School Councils and redirecting funds there instead of the Central Administration
• Systematically identifying at-risk students and providing early intervention and support
• Expanding quality school options by converting failing or under-enrolled schools into magnet schools or other models directed by the local community

* Update on recent story…


* Isabel’s roundup…

  14 Comments      


Garcia to run TV ad quoting Vallas calling himself a Republican and saying “Fundamentally, I oppose abortion”

Thursday, Feb 2, 2023 - Posted by Rich Miller

* The Garcia campaign says this is not on TV right at this moment, but it will be

* Script

Announcer: It’s happening across the country. Republicans pushing to ban all abortions. Here in Chicago, we have to protect our rights. But Paul Vallas won’t. Because Vallas is a Republican.

Vallas: I’m more of a Republican than a Democrat. Fundamentally, I oppose abortion.

Announcer: Chicago deserves someone they can count on. Chuy Garcia will keep fighting to expand access to reproductive health care because women’s rights should be protected, not taken away. We can trust Chuy Garcia to protect our rights.

Ouch.

  55 Comments      


Study finds Illinois’ local governments ranked second in nation for fines and fees per capita

Thursday, Feb 2, 2023 - Posted by Rich Miller

* Reason Foundation

In 2020, local governments across the United States collected just under $9 billion in fines and fees. Local governments in three states—New York ($1.4 billion), California ($1.26 billion), and Texas ($1.17 billion)—collected well over a third of the $9 billion in fines and fees in 2020.

Local governments in New York, California, Texas, Illinois, Florida, Georgia, Ohio, New Jersey, Washington, and Pennsylvania collected the most fines and fees in 2020. In all, 20 states saw their local governments bring in more than $100 million in fines and fees in 2020.

On a per capita basis, local governments in New York, Illinois, Texas, and Georgia collected more than $35 per resident in fines and fees in 2020. In contrast, local governments in New Hampshire, Connecticut, Maine, Nebraska, and Kentucky collected less than $3 in fines and fees revenue per resident in 2020. […]

At least 482 local governments derived 10% or more of their general revenue from fines and fees in 2017.

Illinois ranked second at $50 per capita. Locals imposed $641.6 million in fines and fees overall.

Sangamon County derived 15.8 percent of its revenue from fines and and forfeits in 2020, according to the study. That’s $14 million, or $70 per capita. Menard County was the worst offender, at 30 percent of revenues and $422 per capita.

Ten Illinois counties received at least ten percent of their revenue from fines and fees in 2020: Ogle, Mercer, Ford, Fulton, DeWitt, Menard, Sangamon, Cumberland, Richland and Massac.

Grundy was one of 15 counties which received at least 5 percent of revenues from that source ($1.9 million at $37 per capita).

* And a ton of suburban and exurban towns also received at least 5 percent of their revenues from fines and fees

* Among their recommendations

Develop standardized tools to determine the ability to pay and scale fines accordingly

Determination of a defendant’s ability to pay fines should not be left solely to the subjective assessment of an individual judge. This can result in wildly different outcomes for otherwise comparable defendants. Establishing standard practices would ensure that individuals are treated equally under the law. Scaling fines according to an individual’s ability to pay would also reduce the administrative costs associated with pursuing uncollectable debts.

Affidavits, bench cards, or ability-to-pay calculators may be used to standardize ability-to-pay determinations. Income-based fines, or day fines, could also be used to scale penalties according to an individual’s financial status. There is room for experimentation among the states in this area. Still, state law should clarify the factors that are considered when determining an individual’s ability to pay. Defendants should be made aware of these factors and what documentation they will be expected to provide.

Provide alternatives to monetary sanctions

Indigent defendants should be able to receive alternatives to monetary sanctions. Community service is one possible alternative to fines but it may prove overly burdensome for some. For example, community service may conflict with work schedules or family obligations. Such conflicts should be avoided, as maintaining employment and social ties are critical to reducing the risk of recidivism. Courts should be able to consider a range of alternatives, including waivers, job training, and drug or mental health treatment. Incarceration should never be considered an alternative to monetary sanctions, and fees should never be charged for alternatives to monetary sanctions.

Discuss.

…Adding… From comments…

As soon as the secret was out that duplicating state laws as local ordinances was something that could be done by municipalities to increase the percentage of fines they would keep from writing tickets, all bets were off with this.

Almost nobody looks at their ticket to see if it was written under a state law violation, or an identical local ordinance violation. More people should though. An example would be a ticket for not wearing a seat belt. When that state law is duplicated into a local ordinance, the tickets written locally are then written under the ordinance instead of the state law. That allows the locality to keep almost all of the fines, instead of those fines being paid to the state.

I don’t see that mentioned anywhere in the analysis.

The incentive to generate revenue through fines would go away quickly if that revenue from writing tickets was being primarily being generated for the state instead of the locality.

But I won’t be holding my breath any municipality will willingly change this practice, without legislation forcing them to.

  28 Comments      


Illinois Supreme Court strengthens state biometric privacy protections

Thursday, Feb 2, 2023 - Posted by Rich Miller

* Seyfarth Shaw analysis last September of Tims v. Black Horse Carriers

 Following an Illinois appellate court’s decision that a one-year limitations period applies to certain sections of the [Illinois Biometric Information Privacy Act] while a five-year period applies to other sections, the sole issue on appeal for the Supreme Court is to identify the proper statute of limitations for claims under the BIPA. […]

This case originated in March 2019, when plaintiffs Jerome Tims and Isaac Watson filed a class action lawsuit against their employer, logistics company Black Horse Carriers, Inc. Plaintiffs alleged that the company unlawfully collected, possessed, and disclosed their fingerprints in violation of BIPA when the employees clocked in and out of work using a finger scanning timeclock. The company moved to dismiss the plaintiffs’ claims as untimely, arguing that, because the BIPA does not contain its own statute of limitations, the court should apply the one-year limitations period for privacy actions set forth in § 5/13-201. The plaintiffs countered that the five-year “catch-all” limitations period contained in § 5/13-205 was more appropriate for actions under the BIPA.

In a somewhat unique ruling on interlocutory appeal, the Illinois First District Appellate Court effectively “split the baby” by holding that both the one-year and five-year limitations periods applied to different sections of the Act. Specifically, the Appellate Court reasoned that the one-year period from § 201 applies to BIPA Sections 15(c) and 15(d) because these sections involve “publication” of biometric data, which is a term explicitly used in § 201. Conversely, since the Appellate Court found that Sections 15(a), (b), and (e) of the BIPA do not involve publication of an individual’s biometric data, it applied the five-year limitations period from § 205 to these sections. The defendant subsequently appealed this decision to the Illinois Supreme Court. […]

Given the flood of BIPA class action lawsuits filed against Illinois businesses after the Illinois Supreme Court’s decision in Rosenbach v. Six Flags Ent. Corp., 129 N.E.3d 1197 (Ill. 2019), employers should pay special attention to the decision in Tims. The Illinois Supreme Court Justices did not suggest that they would rule in a certain way during oral arguments, but one takeaway was evident: the Supreme Court may not uphold the Appellate Court’s decision in its entirety. Nevertheless, while a decision in Black Horse’s favor would not fully curtail this recent wave of BIPA filings, it would certainly help limit the number of plaintiffs eligible to sue under the BIPA, as well as the potential amount of damages owed to these plaintiffs. [Emphasis added]

* Bad news for the defendants today at the Illinois Supreme Court

(W)e find that, because the Act does not have its own limitations period; because the subsections are causes of action “not otherwise provided for”; and because we must ensure certainty, predictability, and uniformity as to when the limitations period expires in each subsection, the Act is subject to the default five-year limitations period found in section 13-205 of the Code. […]

In light of the extensive consideration the General Assembly gave to the fears of and risks to the public surrounding the disclosure of highly sensitive biometric information, it would thwart legislative intent to (1) shorten the amount of time an aggrieved party would have to seek redress for a private entity’s noncompliance with the Act and (2) shorten the amount of time a private entity would be held liable for noncompliance with the Act. […]

(T)he full ramifications of the harms associated with biometric technology is unknown, and absent the Act’s protections, it is unclear when or if an individual would discover evidence of the disclosure of his or her biometrics in violation of the Act. Moreover, a shorter limitations period would prejudice those whom the Act is intended to protect. Therefore, we find that a longer limitations period would comport with the public welfare and safety aims of the General Assembly by allowing an aggrieved party sufficient time to discover the violation and take action.

For the aforementioned reasons, we find that the five-year limitations period contained in section 13-205 of the Code controls claims under the Act. Therefore, we affirm in part and reverse in part the judgment of the appellate court and remand the cause to the circuit court for further proceedings.

…Adding… ATRA…

The American Tort Reform Association (ATRA) is disappointed in today’s decision out of the Illinois Supreme Court to expand the statute of limitations to five years for Biometric Information Privacy Act (BIPA) claims, reversing an intermediate appellate court that put a one-year limit on claims.

This decision will have far-reaching consequences for businesses in Illinois and across the country, and will only exacerbate Cook County’s status as a “Judicial Hellhole®.”

“This decision is a setback for any businesses that operate in Illinois,” ATRA President Tiger Joyce said. “Expanding the statute of limitations for BIPA claims will only encourage more lawsuits and create an environment of legal uncertainty for businesses which will be exposed to an undue risk of litigation for an extended period of time.”

Trial lawyers have cashed in on the existing ambiguity in BIPA by targeting businesses that use this technology. They’ll often find a business that didn’t follow a small, technical portion of the law, then use that as a basis for a class action lawsuit, even though their clients didn’t suffer any harm or injury.

The large monetary penalties associated with BIPA have led to a surge in lawsuit filings under BIPA in recent years, and the expansion of the statute of limitations will only add fuel to the fire.

The climate for lawsuit abuse in Illinois is already bad, as demonstrated by the $228 million verdict delivered in the first-ever BIPA case that went to trial last year. The case was originally filed in Cook County and ended with a federal jury delivering the massive verdict, even though the plaintiffs didn’t claim any actual injury.

“The decision by the Illinois Supreme Court to expand the statute of limitations for BIPA claims will only increase the number of frivolous lawsuits and make it even harder for businesses to defend themselves,” Joyce said. “It’s time for the state to rein in these excessive penalties and put a stop to the endless cycle of lawsuit abuse that is driving up costs for consumers and businesses alike.”

In the recent annual report from the American Tort Reform Foundation, Cook County, Illinois was named the fifth-worst “Judicial Hellhole®” in the nation. The report cites the prevalence of no-injury lawsuits filed under BIPA.

  4 Comments      


It’s just a bill

Thursday, Feb 2, 2023 - Posted by Rich Miller

* Tribune

Every morning before sending her two kids off to second and third grade, Sadiya Zackria checks the school’s breakfast and lunch menu to see whether she’ll have to send along a brown bag. […]

According to the Halal Food Standards Alliance of America, zabiha refers to meat that comes from an animal that was hand-slaughtered instead of machine-cut in a way that aims to ensure the animal does not suffer and is treated humanely. Also, the Muslim individual who cuts the meat must recite tasmiya, or the name of God, when doing so. Halal is an Arabic word that means “permissible” and refers to foods and other things that are allowed in Islam. […]

But a new Illinois bill, slated to be voted on in the spring legislative session, would be a game changer for students and parents, and any individual who requires food from a state-operated facility, said Maaria Mozaffar, director of advocacy and policy at the Illinois Muslim Civic Coalition.

If passed, the Faith By Plate Act would ensure that any state-owned or state-operated facilities such as hospitals, schools and prisons that provide food services or cafeteria services also offer zabiha-halal and kosher food options upon request when provided with notice. […]

The bill was co-sponsored by State Rep. Janet Yang Rohr, who said that a piece of legislation that was passed last year — the plant-based lunch bill that will go into effect in August — gave them a few pointers.

* Brenden Moore picked out a baker’s dozen of new bills to glance at. Here are some

* Senate Bill 43, introduced by state Sen. Sara Feigenholtz, D-Chicago, would remove the 2024 sunset date on the state law permitting bars and restaurants to sell to-go cocktails. Lawmakers approved the measure on a temporary basis in 2020 as a means of helping the state’s hospitality industry survive the COVID-19 pandemic. The law, initially in effect for one year, was extended for another three years in 2021. […]

* Senate Bill 95, introduced by state Sen. Laura Murphy, D-Park Ridge, would prohibit a legislator from engaging in paid lobbying of a municipality, county, township or the executive branch of state government.

* Senate Bill 100, introduced by state Sen. Laura Fine, D-Evanston, states that starting in 2025, a retail establishment may not use a disposable food service container that is composed of polystyrene foam. […]

* House Bill 1110, introduced by state Rep. Kam Buckner, D-Chicago, would give people the option to carry a digital driver’s license. A person would not be issued a citation for driving without a physical driver’s license if they present a digitized driver’s license. Secretary of State Alexi Giannoulias has also expressed support for the concept. 

* The time may have finally come for another bill on that list: HB1113

Amends the Illinois Vehicle Code. Provides that, beginning with the next registration year after the effective date, the Secretary of State shall issue one registration plate (instead of 2) for newly registered motor vehicles and the registration plate shall be attached to the rear (instead of front and rear) of the motor vehicle.

Secretary of State Jesse always resisted efforts to make this change. The Tollway has also expressed concern because of their plate reading technology, but Florida has rear-only plates and they have a large toll system.

* And, finally, a bill from Tennessee, introduced by state Rep. Joe Towns, Jr. (D-Memphis)

As introduced, removes Columbus Day as a legal holiday; designates the first Monday after the Super Bowl as a legal holiday.

  31 Comments      


Drivers who use Uber have the freedom to pursue their passions

Thursday, Feb 2, 2023 - Posted by Advertising Department

[The following is a paid advertisement.]

Independent drivers across the U.S. are pursuing their dreams and passions.

They have the flexibility to earn and pursue their ambitions while investing time back into their family and communities.

Learn how drivers are using their time to make changes in life and on the roads.

  Comments Off      


Rep. Morgan to Eastern Bloc member: “Keep our names out of your mouth”

Thursday, Feb 2, 2023 - Posted by Rich Miller

* Press release from yesterday…

The Illinois Freedom Caucus today is issuing the following statement on the adoption (largely along partisan lines) of the new House Rules that will determine how the Illinois House of Representatives will be governed in the 103rd General Assembly.

“Illinois Freedom Caucus member Adam Niemerg negotiated some rule changes to no longer allow votes to be cast via Zoom. Committees will be able to operate via Zoom if technology allows, but floor votes will have to be made in person, which is something the Freedom Caucus has been pushing for a long time.

Niemerg also negotiated the end of the consent calendar that allowed large number of bills to be voted on with one roll call. Consent Calendar bills often included ceremonial legislation such as measures to change the name of roads to honor members of the community, but the list also included substantive legislation. Substantive bills deserve individual roll calls so that members are completely aware of the full implication of their votes, and thanks to Freedom Caucus member Adam Niemerg we secured an important victory for the people of Illinois.

But unfortunately, the House rules as a whole give the majority party total control of the process. There is nothing in the rules to drop major pieces of legislation at the last minute without giving individual members adequate time to review what is in the legislation being considered. The new rules also give the House leadership and Committee chairs total power over what bills are voted on in House Committees. The rules essentially are the same rules that former disgraced House Speaker Michael Madigan used to exercise complete control of the process. While there are elements in the rules we can support, given the lack of transparency and lack of accountability built into these rules, we voted against them. The people we represent have a right to have their voice and their concerns heard. Under these rules, their voice is being silenced.”

* Here’s some of what Rep. Niemerg said during debate yesterday

A lot of this is just going back to business as usual. I mean, there were 19 of you who stood against Mike Madigan and called for change. I expect 19 of you to vote ‘No’ on this because this goes back to the same Madigan-era politics. Our bills will be stuck in Rules, the’ll never see the light of day. We’re going to be passing bills again at 2, 3, 4, 5 in the morning. You’re going to move to motion for the previous question when a bill comes over from the Senate and it’s dropping 11:55, kill off debate from our side of the aisle, deprive so many thousands of folks in the state of Illinois of their right to have us represent them. So honestly, I don’t believe that you tell me that you believe in government transparency. I just don’t believe it. And to the bill, folks, we call for change in this legislature all so often. We call for bipartisanship, right? And Representative, Leader Keicher and Leader Davidsmeyer and I, we proposed an idea for rules. We propose changes. But we look at the rules now, folks are still going to be asleep, sound asleep at their homes are going to have the radical bills they’re going to be pushed through the important bills. are going to be pushed through. They’re not going to know anything about it and it’s business as usual. So if we want change, I think the 19 folks over there who wanted change and wanted Mike Madigan gone, vote ‘No.’ Thank you.

* Rep. Bob Morgan (D-Deerfield) rose later in response. Excerpt

I also want to thank members of both sides of the aisle that made comments that I think reflect good ideas and ways in which we can always make this chamber operate better. I think a number of colleagues on the other side of the aisle appropriately referenced, the proof is in the pudding. It’s about how committee chairs and how Speaker and how the Rules Committee and how we treat each other and how we demand greater respect from one another. So, I think the implementation of these rules are just as important as the the plain language of the rules. Specifically I want to point out now as we are in the endemic times, endemic. COVID-19 is leaving us and we’re returning to normal. It’s important that this chamber also returns to normal. So I think it’s very important that we go back to in-person voting. I think we all know the the unintended consequences of having remote voting, so I strongly support that.

And lastly, to those who want to reference the 19: As a member of the 19, I would encourage everyone to know that we’ve never been shy about speaking up when we feel strongly about an issue. We haven’t in the past, we will not in the future. So anybody who wants to invoke the 19, I would encourage you to keep our names out of your mouth. Because when we have something to say you’re going to know about it. I urge a ‘Yes’ vote.

  55 Comments      


Question of the day

Thursday, Feb 2, 2023 - Posted by Rich Miller

* From the Guardian

The sweet smell of green chile roasting on an open flame permeates New Mexico every fall, wafting from roadside stands and grocery store parking lots and inducing mouth-watering visions of culinary wonders.

Now one state lawmaker says it’s time for everyone to wake up and smell the chile.

Senator Bill Soules’ visit with fifth grade students in his southern district sparked a conversation about the savory hot peppers and the potential for New Mexico to become the first state in the nation to proudly have an official state aroma, a proposal now being considered by lawmakers.

“It’s very unique to our state,” the Las Cruces Democrat said of roasting chile. “I have tried to think of any other state that has a smell or aroma that is that distinctive statewide, and I can’t think of any.”

For New Mexico, chile is more than a key ingredient for every meal. It’s life. It’s at the center of the official state question – “red or green?” – and is one of the state’s official vegetables.

I hesitate to do this, but…

* The Question: Your Illinois nomination(s) for official state aroma? Make sure to explain yourself. Also, keep it clean, people. Thanks.

…Adding… A buddy ran a version of this question through ChatGPT twice today…

Suggest an official state smell for the state of Illinois and write 25 words defending the choice

“The official state smell of Illinois should be corn. Corn is an integral part of Illinois’ history and economy, as it is one of the largest producers of corn in the United States. It represents the state’s commitment to agriculture and its important role in feeding the nation. The sweet, distinct smell of corn symbolizes the abundance and prosperity of Illinois.”

Suggest an official odor for the state of Illinois and defend the choice in 25 words

“The official odor of Illinois should be the scent of blooming lilacs. Lilacs symbolize the arrival of spring and bring feelings of renewal and rejuvenation to the residents of Illinois. Their sweet fragrance represents the state’s natural beauty and the hope that comes with each new season. The scent of blooming lilacs is a reminder of the state’s rich history and enduring spirit.”

I’m partial to lilacs.

  77 Comments      


Isabel’s morning briefing

Thursday, Feb 2, 2023 - Posted by Isabel Miller

* Here’s your morning roundup…

  28 Comments      


Open thread

Thursday, Feb 2, 2023 - Posted by Isabel Miller

* Today at 10 the Illinois Manufacturers’ Association will launch their “Makers Madness” contest, a bracket-style tournament in which the public will decide which product earns the 2023 title of The Coolest Thing Made in Illinois. What’s your favorite product made in the Land of Lincoln?…

  20 Comments      


Live coverage

Thursday, Feb 2, 2023 - Posted by Isabel Miller

* Follow along with ScribbleLive


  Comments Off      


« NEWER POSTS PREVIOUS POSTS »
* Reader comments closed for the holiday weekend
* Isabel’s afternoon roundup
* Jack Conaty
* New state law to be tested by Will County case
* Why did ACLU Illinois staffers picket the organization this week?
* Hopefully, IDHS will figure this out soon
* Pete Townshend he ain't /s
* Open thread
* Isabel’s morning briefing
* Live coverage
* Selected press releases (Live updates)
* Yesterday's stories

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