* Background is here if you need it. National Shooting Sports Foundation, Inc. filed suit in the Southern District against Attorney General Kwame Raoul over HB218, the Firearm Industry Responsibility Act…
1. This lawsuit challenges the constitutionality of a new Illinois statute specifically designed to evade the judgment of Congress—and the Constitution.
2. On August 12, 2023, Governor J.B. Pritzker signed into law Illinois House Bill 218 (“HB 218”), which radically expands liability in Illinois for members of the firearm industry—and them alone. Under HB 218, the “sale, manufacturing, importing, or marketing of a firearm-related product” anywhere in the country may be deemed to violate Illinois law (and justify the imposition of sweeping liability), even if it complied with all state and federal regulations, if an Illinois judge or jury later finds that such conduct “contribute[d] to a condition in Illinois that endangers the safety or health of the public.” 815 Ill. Comp. Stat. 505/2BBBB-(b)(1).
3. Although the statute purports to be aimed at preventing firearms from being used in such a way that endangers public safety or health, HB 218 does not regulate the use (or misuse) of firearms. Nor does it impose liability on individuals who misuse firearms to the detriment of themselves or others. Instead, HB 218 regulates selling, manufacturing, and advertising lawful (and constitutionally protected) firearms and related products. In other words, HB 218 regulates commerce in and speech relating to arms—even when that commerce and speech takes place entirely outside of Illinois, as will often be the case. HB 218 also removes traditional elements of tort law that ensure that judges and juries do not impose liability on private parties for constitutionally protected conduct. Making matters worse, the statute jettisons traditional proximate cause in favor of allowing state courts to impose liability on licensed industry members for the actions of third- party criminals with whom the industry members never dealt.
4. None of that is consistent with the Constitution. The First Amendment prohibits states from punishing wide swaths of truthful speech about lawful products, even if the products are dangerous or the speech is unpopular. The Second Amendment protects commerce in arms. Numerous constitutional provisions prohibit states from regulating conduct that takes place wholly beyond their borders, even when that commerce has effects within the state. And the Due Process Clause prohibits states from punishing one private party for the conduct of another.
5. All of that is reason enough to invalidate Illinois’ new statute. But there is an even more obvious problem with HB 218: It is squarely preempted by federal law. In the late 1990s and early 2000s, several state and local governments sought to use novel applications of common-law theories like negligence and nuisance to impose civil liability on manufacturers and sellers of firearms and ammunition when third parties misused their products. Congress saw these lawsuits for what they were: unconstitutional efforts to stamp out lawful and constitutionally protected activity. To end such incursions, Congress enacted the Protection of Lawful Commerce in Arms Act in 2005 by wide margins on a substantially bipartisan basis. The PLCAA expressly prohibits and preempts state-law civil actions “brought by any person against a manufacturer or seller of [firearms or ammunition] … for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of [firearms or ammunition] by the person or a third party.” 15 U.S.C. §7903(5)(A).
6. Illinois is now trying to resurrect the very kinds of lawsuits that the PLCAA was enacted to eliminate. Under HB 218, state officials and private parties may bring civil actions against licensed manufacturers and sellers of firearms, ammunition, and related products for damages and other relief resulting from the criminal use of a firearm by a third party. HB 218 therefore falls squarely within the express-preemption provision of the PLCAA.
7. For these reasons and those set forth below, NSSF seeks a declaration that HB 218 is preempted and unconstitutional, an injunction preventing Illinois from enforcing it against NSSF and/or its members, nominal damages, and any other relief this Court deems proper.
There’s more, so click here.
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* Capitol News Illinois, Lee Enterprises and ProPublica last month…
The findings about Choate administrators are particularly notable because Pritzker’s administration decided to retain the facility’s top three administrators in March when announcing a plan to reduce the size of Choate and move some residents to community settings or other state-run facilities.
All three administrators were previously indicted on felony charges in connection with their handling of an abuse allegation at the facility. Facility Director Bryant Davis and Gary Goins, who has served as quality assurance and improvements director, were both charged with official misconduct in 2021. Assistant Director Teresa Smith was charged twice with official misconduct and obstruction of justice, in 2020 and 2021. A judge dismissed the first case, finding there was not probable cause to sustain the charge. The prosecutor dismissed the most recent charges against the three administrators. Smith, Goins and Davis did not respond to requests for comment.
In explaining her rationale for keeping the administrators, IDHS Secretary Grace Hou said in March: “We’ve weighed a lot of different perspectives, but I think we need a leader who knows Choate inside and out, who has relationships with the residents and the parents and the staff to lead us through this challenging transition.” Pritzker publicly backed Hou’s decision at the time.
* Illinois Department of Human Services today…
“I am pleased to share that, effective August 16, Stephany Hoehner will serve as the Director of the Choate Mental Health Developmental Center (CMHDC). Hoehner, who currently serves as CMHDC Project Manager, brings with her a wealth of knowledge in continuous quality improvement and operational management. Prior to joining CMHDC, Stephany served as Continuous Improvement Specialist and Practice Manager at Southern Illinois Healthcare in Carbondale where she was responsible for leading daily operations, financial stewardship, change management, and continuous improvement. She has already proved to be a valuable team member assisting in quality assurance, investigations, training, and data analysis at CMHDC. I have the utmost confidence in Stephany’s leadership and know that she will be integral in creating positive, transformative change at Choate. I would like to extend my gratitude to Bryant Davis who has served as Facility Director of CMHDC for the past six years. He will provide ongoing support to Choate during a one-month transition period.” Tonya Piephoff, Director for IDHS’ Division of Developmental Disabilities (DDD)
“As a native of southern Illinois, I consider Choate to be foundational and instrumental to the betterment of our community. Words cannot express how grateful I am for the opportunity to serve the residents, their families, and staff. As we focus on improving safety, enhancing services, quality of care, and building relationships, I’m excited for the future of Choate.” Stephany Hoehner, incoming CMHDC Director
*** UPDATE *** DHS…
Bryant Davis will no longer work at Choate following a one-month transition period. At this time we are not able to share anything beyond that. Gary Goins and Theresa Smith are employed at Choate as certified State employees in accordance with personnel code and rules.
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Afternoon roundup
Monday, Aug 14, 2023 - Posted by Rich Miller
* Let’s start with a little ol’ oppo dump. Click here for more background. From a June 15, 2017 Law Bulletin article…
A state appeals panel today rejected a lawsuit brought by 61 human services providers who have received scant funding during the state’s nearly two-year budget impasse. The 1st District Appellate Court rejected all of the claims brought by the providers, who collectively billed themselves as the Pay Now Illinois coalition. […]
The panel rejected the coalition’s assertions that Rauner has acted beyond his gubernatorial authority by entering into contracts which weren’t funded, and then vetoing the appropriations bills that would have funded them.
“The governor was not obligated to approve any or all portions of appropriations bills by the General Assembly,” Justice Eileen O’Neill Burke wrote in the 35-page opinion on behalf of the three-judge panel. “Indeed, both the governor and the General Assembly are constitutionally constrained to propose or pass budgets and appropriations that do not exceed estimated available funds.”
Click here for the opinion. Do you recognize the justice’s name? Former Justice Eileen Burke is now running for Cook County state’s attorney.
* Press release…
The Illinois State Board of Education (ISBE) today issued the fiscal year 2024 Evidence-Based Funding (EBF) allocations, announcing an unprecedented number of fully funded districts. There are also zero districts under the 60% funding adequacy benchmark for the first time in Illinois history.
FY 2024 marks a historic number of fully funded districts. Only 146 districts were at or above 100% funding adequacy in the first year of EBF in FY 2018; that number has increased by 59% with 232 districts now fully funded in FY 2024. An additional 94 districts have met the 90% funding threshold.
* DeVore kicks it back into gear…
Friday’s ruling upholding Illinois’ gun and magazine ban by the Illinois Supreme Court may not be the last word in state-level challenges. […]
Attorney Thomas DeVore said he plans to pursue the three readings rule challenge with his state-level cases consolidated in Effingham County. While temporary restraining orders for thousands of his clients could be dissolved soon, he plans to mount evidence to prove the equal protections argument.
“So what they said is ‘Dan Caulkins, you didn’t bring us any facts to show that you are similar to these exempt categories so for that reason you lose,’” DeVore told The Center Square. “Well, we’re going to build that case in our case if that proceeds.”
Some of the evidence DeVore plans to work at discovering includes the levels of firearms training for those in the exempt class like prison wardens, security guards and those in law enforcement.
“I wanna see the record of every law enforcement officer in the state of Illinois,” DeVore said. “What are they trained on? What guns do they handle, et cetera, et cetera, so we can build that similarity argument that we desperately need in order to win this case in front of the Illinois Supreme Court, to even have a chance to win it.”
Every record? Hilarious. Expect a trial sometime in 2045. At least the pension funds will be fully funded by then. /s
…Adding… As noted in comments, state law now requires DeVore to file his constitutional challenge in either Sangamon or Cook counties. He’ll have to get thru that issue if he stays in Effingham.
* Interesting…
From Mapes’ unsuccessful 2022 motion to dismiss…
These questions have the same hallmarks of fundamental ambiguity as the episodes above. They are ambiguous in their use of the terms “tasks,” “work,” and “assignments.” They are compound.
And, as demonstrated by the sequence of questions and answers both before and after those questions (none of which the grand jury found perjurious), Mr. Mapes’ answers are literally true. For instance, before the allegedly perjurious answer to the question in episode 3, Mr. Mapes testified that he did not “recall anything at the moment” but “something could come up as subject matter if you bring it and it pops my memory.” In his testimony, Mr. Mapes also gave high-level examples of Mr. McClain passing “along pieces of information” in the 2017 and 2018 time frame and before, and Mr. McClain providing his “perspective” to Mr. Madigan on various matters.
The prosecutor did not follow up on any of these matters—nor did the prosecutor attempt to refresh Mr. Mapes’ recollection on any specific subject matters that could “pop[]” Mr. Mapes’ memory.
Kinda wondering if that’ll come up tomorrow.
* Nick Sauer resigned in disgrace from the House way back in 2018…
* Several people have pointed me to HB4120 today…
Creates the Whipped Cream Charger Sales Restriction Act. Provides that no person, corporation, partnership, limited liability company, firm, or any other business entity doing business in the State shall sell or offer for sale a whipped cream charger to any person under the age of 21.
Penalty is a civil penalty of not more than $250 for an initial offense and not more than $500 for the second and each subsequent offense.
Whippets were a thing back in the early 90s. Didn’t know they still were.
* Isabel’s roundup…
* Tribune | Don Madigan? Ex-FBI agent likens former House speaker to mafia boss in perjury trial of former Madigan aide: “Mr. Madigan ran his organization, as close as I can compare it to, almost the head of a mafia family,” former Special Agent Brendan O’Leary testified, noting that Madigan rarely used the phone, texts or emails to communicate orders. “The ability for us to hear about what happened generally came down to the people on the inside being honest, and that is what we relied on.”
* Sun-Times | Prosecutors accuse defense of playing games with witness list in trial of ex-top aide to Madigan: Over the weekend, lawyers in the case revisited a dispute that surfaced before the trial began. Mapes’ lawyers have named Assistant U.S. Attorney Amarjeet Bhachu as a witness they might call when it is their turn to present evidence. Bhachu is the chief of the public corruption section of Chicago’s U.S. Attorney’s office and a supervisor of the case against Mapes. He has also played a central role in the Madigan investigation. He gave the final argument last April in the trial of four former political power players who conspired to bribe Madigan, calling them “grand masters of corruption.”
* Sun-Times | Migrant families say Rogers Park motel kicked them out after missing curfew by 7 minutes: Leon, 30, said the two families were asked to leave the motel around 2 p.m. Saturday because they had missed an 11 p.m. curfew the night before by seven minutes after they took their children out for pizza. Leon said they had gone out because the food they had been given was “old” and had made the children sick.
* Tribune | Ex-Northwestern baseball staffers file suit, accuse university of allowing coach to create ‘dangerous environment’: “We reported Coach Foster’s conduct to Northwestern believing that they would do the right thing. Northwestern did not do the right thing,” Chris Beacom, former team operations director, said in a statement read during a news conference Monday announcing the lawsuit.
* Block Club | Emails Reveal How Lightfoot Closed A Backroom Deal To Hand Public Housing Land Over To A Billionaire’s Sports Team: Under the deal, the Fire will lease 23 acres on the Near West Side for at least 40 years so the team can build a new training facility on the site. The Fire are owned by Joe Mansueto, a billionaire business leader and Lightfoot campaign donor. The federal government has long reserved that land for housing, so by law federal officials have to ensure any sale or lease of it is in the “best interest” of low-income residents.
* Daily Herald | ‘We can’t go on this way’: Lisle Township board calls on supervisor to resign: “[Township Supervisor Diane Hewitt] just creates a wave of chaos, and we’re spending so many hours undoing and unraveling the messes,” said Trustee Autumn Geist, a Democrat who ran with Hewitt in 2021. “I really believe her heart is in the right place, but her challenges overshadow her strength.”
* Block Club | Introducing Block Club Chicago’s New Investigative Team, The Watch: The new investigative team will work closely with our neighborhood reporters and be positioned to act on tips and pursue high-impact stories to improve government transparency and accountability. The Watch reporters, Mina Bloom, Rachel Hinton and Manny Ramos, have an impressive track record of serving the South and West sides through their investigative work and have a deep understanding of Block Club’s mission.
* Tribune | Black Chicagoans are tired of waiting for solutions to maternal mortality — so they’re creating their own: In Chicago, where recent hospital closings have rendered entire swathes of the city “birth deserts,” the issue is laid plain: Black maternal health-care conditions remain dismal despite years of criticism, Black health-care officials say. Tired of waiting on others to find answers, Black Chicagoans like Valrie-Logan are stepping up to create their own solutions to the lack of care. Nearly a decade after her miscarriage, Valrie-Logan, a midwife and mother of three, is on track to help open a South Shore birthing center dedicated to Black birthing people and their families by 2025.
* WBEZ | Lots of questions, few answers for Black and brown high schoolers applying to college: Colleges are still planning on collecting racial demographic information, but it’s not clear what admissions officers are going to do with it. And the Supreme Court Justices left the door open for students to write about their race in their personal statements. That raises another question: Are essays a loophole for application readers to give racially underrepresented students a leg up? […] In the end, Izzy decided against it. Instead, she’s writing about her favorite musicians and what their concerts have meant to her. She wants to go into music management.
* Sun-Times | A list of every known Illinois resident charged in the U.S. Capitol breach: More than 1,000 people have been arrested in connection with the attack in almost all 50 states. That includes Illinois, where at least 39 residents face charges. They come from all around the state and include a onetime CEO, a Chicago police officer and a member of the Proud Boys.
* AP | Judge sides with young activists in first-of-its-kind climate change trial in Montana: District Court Judge Kathy Seeley found the policy the state uses in evaluating requests for fossil fuel permits — which does not allow agencies to evaluate the effects of greenhouse gas emissions — is unconstitutional.
* Block Club | Famed Cher Impersonator To Headline Lips Chicago Fundraiser For Domestic Violence Victims: ips Chicago, the iconic drag dining spot, is teaming up with Connections for Abused Women and Their Children to raise money for the domestic violence organization. This year’s annual Night of Stars event is 7 p.m. Thursday at Lips, 2229 S. Michigan Ave. Individual tickets are $80 and six-ticket bundles are $425.
* Sun-Times | ‘A feast for the eyes’ comes in a mixed year for summer/fall mushrooms: “Even though the past month overall has been rather wet, the drought of early summer knocked back my beloved chanterelles a good bit this summer,” Jay Damm emailed in an update last Monday. “It just confirms my experience that if a species experiences dry conditions during the pre-season, the true season can be weak to non-existent.
* WCIA | Child injured on ride at Illinois State Fair: A child attending the Illinois State Fair was hurt on Thursday after officials said an object flew off one of the amusement rides and hit them in the leg. […] The child was evaluated by medical personnel at the scene and needed only an ice pack. […] The IDOL’s chief inspector evaluated the ride after it was repaired and permitted the ride to resume operation. The fair’s Amusement Ride and Attraction Safety Division manager revisited the Ring of Fire again Friday morning to make sure things were still operating smoothly.
* Pantagraph | A guide to food at the 2023 Illinois State Fair: Brown, of Gulfport, Miss., specialized in electrical automation and robotics in school. But there came a point where he said “Lord, I need something else.” And his first thought, believe it or not, was flavored watermelon. “A week later, I thought ‘that is the stupidest thing I’ve ever heard of in my life,’” Brown said. “And 12 years later, here I am.”
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More like this, please
Monday, Aug 14, 2023 - Posted by Rich Miller
* Press release from last week…
In a year that saw exponential growth in the youth in agriculture movement, the Illinois State Fair, along with Governor JB Pritzker, announced that the Illinois State FFA Officers will serve as Grand Marshals for the annual Twilight Parade.
Since Governor Pritzker announced in 2022 that every student in the state of Illinois taking an agriculture class would have their FFA dues paid, FFA membership increased from 23,000 to over 41,000 members strong. Additionally, 5,500 students not enrolled in agricultural education courses joined FFA, demonstrating an appreciation of the value of the organization.
* SJ-R last week…
For the record, Thursday did mark Thaddeus Bergschneider’s first time being the grand marshal of a parade, one that left him pinching himself.
“I’m looking at all of the cars and the people who are lined up,” said the 18-year-old President of the Illinois FFA, prior to the start of the Illinois State Fair Twilight Parade, “and I can’t believe I’m a grand marshal of it. It really makes me proud to be a part of Illinois FFA and a part of the industry of agriculture that’s put us here and that’s valued. That says a lot.”
I happened to meet Bergschneider yesterday after I had a pork burger in the Commodities Pavilion ahead of the Alanis Morissette concert. FFA Vice President Riley Kessler was also part of the parade and was at the pavilion as well. They were both very impressive.
And both of those young people were still so excited about the opportunity to lead that parade last week and about the attention it brought the FFA. Whoever thought up this idea deserves major kudos.
I was in 4-H (Iroquois County, Milks Grove Challengers), but not FFA. It just wasn’t my thing, but my daughter was a member and it had a positive impact on her life.
* Press release…
Today Governor JB Pritzker signed HB3814 into law, allowing students attending work-based learning events like 4-H and FFA programs to count program participation towards school attendance. The bill advances the administration’s work to encourage Illinois students to pursue workforce and career development learning while in school. […]
FFA and 4-H programs encourage both urban and rural Illinois students to participate in hands-on projects across agricultural, STEM, and business development sectors. Students who participate in work-based programs have been shown to make healthier and safer choices and give back to their communities long-term, fostering a culture of collaboration and hard work at a young age.
This bill amends the Illinois School Code to allow students who miss traditional classroom days for events in work-based learning programs to have those events counted towards overall school attendance. The student’s parent or legal guardian are to be responsible for obtaining assignments missed while the student was participating in an eligible program.
* Bergschneider and 4-H youth leader Naomi Dolan spoke at today’s press conference and they did a tremendous job.
Bergschneider talked about how FFA members’ official school attendance records needlessly suffer because of the missed days, even though the kids are out there learning and improving themselves.
Dolan said she missed a month of school her senior year with conferences and other events, “but I was still keeping up on my schoolwork. I stayed up very late to work on my assignments because that’s something that 4-H and FFA tells the youth.”
After they spoke, Pritzker quipped “Couple of future governors here.” I recommend watching it.
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* Gov. Pritzker on the 21st Show…
Brian Mackey: I talk to advocates who say, as you pointed out, the Department of Corrections population peaked at more than 49,000 individuals 10 years ago. Now, it’s fewer than 30,000 this spring. It was even lower than that in the pandemic. We could have closed several prisons, many units within prison facilities. As you said, some of which date back to the 1800s. An advocate I was speaking to said, it doesn’t seem all that complicated, right? Population’s down, staffing is down, $2.5 billion is needed to fix these facilities that are unsafe and inhumane. Why not close them down?
Governor Pritzker: If you assumed that every prisoner was like every other prisoner? Yes, it sounds like a reasonable focus that we would just simply — let’s close some and push people into others. And we’ll have a perfect system. The reality is that we have a lot of different kinds, we have people who are in maximum security with people who are in minimum security, you know, we have facilities that are made more for older populations, we have women’s facilities. It’s just not as easy as I think people would like to think that it is, number one. Number two, we have to think a lot about location. Where are these prisons located across our state? Because as we’ve seen in our healthcare system in, for example, psychiatric hospitals; our need for nurses in developmental disabilities hospitals, and so on. We can’t find the kind of workers that we’re looking for in some parts of the state. That’s not a knock on anything, it’s just that when you get more rural, there are fewer people to choose from; there maybe are fewer people that got the kind of specific training that you need there. And it’s true in in our corrections facilities, too. So I think this has all got to be a public conversation. And it’s one that I think is accelerated by the study that we commissioned, and it’s now been delivered that everybody can read. […]
Brian Mackey: How do we get from here to there? How do we get to you’re making a future budget proposal that says we should have X fewer facilities? We’ve had the public conversation, how do we get from this study to there?
Governor Pritzker: Well, again, you’re assuming fewer facilities — I don’t know if that’s the right answer. I think there’s an argument to be made that having facilities that are less populated within a facility is one of the answers. Maybe we have facilities — the same number of facilities and fewer prisoners. In each one, again, we can talk about the the financial implications for the state of all of that, and we can talk about the implications for the human rights of the people who are incarcerated, not to mention the safety of the workers at a facility. I want the legislature to hold hearings about it, I think they should. And I want advocates on both sides to speak up — including, for example, corrections officers, who know their facilities well and know what works well. I think everybody should be heard here.
* Isabel did a quick roundup…
* WBEZ | Illinois prisons need $2.5 billion in repairs, and that’s just the beginning: Stories of dire conditions in Illinois prisons have been trickling out for years, but a new report from a consulting company hired by the state of Illinois to assess its prison infrastructure shows the situation might be even worse than previously revealed. In the report, obtained by WBEZ, consultants rated three of the department’s 27 facilities as approaching “inoperable” and estimated the prison system has at least $2.5 billion of “deferred maintenance,” the highest of any state agency. That number is expected to double in five years if unaddressed.
* 25 News Now | Consultant recommends reduced prison capacity at Pontiac, closure of women’s lockup in Lincoln: The report says Pontiac, the state’s second oldest lockup, has the second highest deferred maintenance of all state prisons at $235 million.
* Sun-Times | Despite horror stories and deaths, will Illinois keep an expensive prison health care provider?: Fifty percent of the health care provider’s jobs in Illinois are unfilled. Three Wexford doctors lack proper credentials. Patients in need of dental fillings at one prison are on a 104-week waitlist. And in a review of 17 deaths, an outside monitor found that medical staff gave two prisoners medications that contributed to their deaths.
* NYT | US Bureau of Prisons Is Closing Troubled, Violent Detention Unit in Illinois: The bureau plans to open some kind of specialized unit at the site in the future, but not before re-evaluating the prison’s mission, conducting intensive training and making changes to Thomson’s leadership to “better align the institution’s operations with agency expectations,” Ms. Giamusso said.
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Reyes slating push falling flat
Monday, Aug 14, 2023 - Posted by Rich Miller
* Politico this morning…
U.S. Reps Chuy García and Delia Ramirez are endorsing Jesse Reyes for Illinois Supreme Court. The endorsements come ahead of slating this week by Cook County Democrats for the 2024 election. The county Dems will also consider Supreme Court Justice Joy Cunningham for the post. Cunningham, who is African American, was appointed to fill an empty seat in December and now must run outright. The Supreme Court and other judicial seats will be slated today.
* As should be expected, that didn’t work out so well. 80 percent of the weighted vote went with the incumbent Black woman on the subcommittee…
Some of Chicago’s Black and Brown political leaders have been fighting over migrants, non-citizen police and the remap. Now this.
…Adding… The tweet I relied on wasn’t quite accurate. This was a subcommittee vote. That subcommittee doesn’t have a lot of Latinos on it. The full endorsement is tomorrow. The headline was also changed.
Thoughts?
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Meanwhile… In Opposite Land
Monday, Aug 14, 2023 - Posted by Isabel Miller
* Mississippi…
In the fall of 2022, Ashley [who was 12] was raped by a stranger in the yard outside her home, her mother says. For weeks, she didn’t tell anybody what happened, not even her mom. But Regina knew something was wrong. Ashley used to love going outside to make dances for her TikTok, but suddenly she refused to leave her bedroom. When she turned 13 that November, she wasn’t in the mood to celebrate. “She just said, ‘It hurts,’” Regina remembers. “She was crying in her room. I asked her what was wrong, and she said she didn’t want to tell me.” […]
[Ob-gyn Dr. Erica Balthrop] told Regina that the closest abortion provider for Ashley would be in Chicago. At first, Regina thought she and Ashley could drive there. But it’s a nine-hour trip, and Regina would have to take off work. She’d have to pay for gas, food, and a place to stay for a couple of nights, not to mention the cost of the abortion itself. “I don’t have the funds for all this,” she says. […]
Mississippi’s abortion ban is expected to result in thousands of additional births, often to low-income, high-risk mothers. Dr. Daniel Edney, Mississippi’s top health official, tells TIME his department is “actively preparing” for roughly 4,000 additional live births this year alone. Edney says improving maternal-health outcomes is the “No. 1 priority” for the Mississippi health department, which has invested $2 million into its Healthy Moms, Healthy Babies program to provide extra support for new mothers. “There is a sense of following through, and not just as a predominantly pro-life state,” says Edney. “We don’t just care about life in utero. We care about life, period, and that includes the mother’s life and the baby’s life.”
Mississippi’s abortion ban contains narrow exceptions, including for rape victims and to save the life of the mother. As Ashley’s case shows, these exceptions are largely theoretical. Even if a victim files a police report, there appears to be no clear process for granting an exception. (The state Attorney General’s office did not return TIME’s repeated requests to clarify the process for granting exceptions; the Mississippi Board of Medical Licensure and the Mississippi State Medical Association did not reply to TIME’s requests for explanation.) And, of course, there are no abortion providers left in the state. In January, the New York Times reported that since Mississippi’s abortion law went into effect, only two exceptions had been made. Even if the process for obtaining one were clear, it wouldn’t have helped Ashley. Regina didn’t know that Mississippi’s abortion ban had an exception for rape.
* Texas…
On a warm November night, Salia Issa had just begun her shift as an Abilene prison officer when she felt the intense pain of what she believed was a contraction. […]
Eventually, two and a half hours after the pain started, the expectant mother said she was allowed to leave the Middleton Unit. As quickly as the pain would allow her, Issa drove to a nearby hospital, where doctors rushed her into emergency surgery after being unable to find a fetal heartbeat. The baby was delivered stillborn.
If Issa had gotten to the hospital sooner, medical personnel told her, the baby would have survived, the lawsuit claims. […]
But the prison agency and the Texas attorney general’s office, which has staked its reputation on “defending the unborn” all the way up to the U.S. Supreme Court, are arguing the agency shouldn’t be held responsible for the stillbirth because staff didn’t break the law. Plus, they said, it’s not clear that Issa’s fetus had rights as a person.
* Idaho…
The U.S. District Court decided Thursday that it would temporarily block enforcement of an Idaho law meant to prevent transgender students from using school restrooms that correspond with their gender identity.
Senate Bill 1100, which took effect July 1, would have required public schools to maintain two separate multi-occupancy restrooms, showers, changing facilities and overnight accommodations for students based on their sex assigned at birth. It also would have allowed students to sue the school for a minimum fine of $5,000 if they encountered a transgender student in the bathroom.
But in a legal order Thursday, the U.S. District Court granted a request for a temporary restraining order against the law — preventing schools from enforcing that mandate ahead of the school year.
* Indiana…
Whether a student would like to go by Joe or Joanna — if it’s not the name designated on the school records, parents should be expecting a call from school administrators.
This new policy is due to the passing of House Bill 1608 earlier this year, which requires teachers and school administrators to inform parents if their child requests a change of their name, title or pronoun.
Originally, the law specifically targeted transgender students, but after the bill went through several changes in the legislative process, the current version of the law affects any student who wishes to be addressed by a name other than the one given when their parent or guardian registered them for school. […]
“We are interpreting this to the ‘letter of the law’ that our legislators have written as no guidance has been provided by State agencies,” Shawn Greiner, superintendent of the West Lafayette Community School Corporation explained in an email to the Journal & Courier.
* Florida…
The new regulations have created a bureaucratic tangle, with several counties sending parents forms that must be filled out if they want their child referred to by something other than their legal name.
In Orange County, in and around Orlando, the district told parents that they must fill out the form even if “Robert” wishes to be called “Rob” — or if a trans child now goes by “Roberta.”
But school staff members “may elect” not to use she/her pronouns when referring to Roberta, according to the school district’s attorney, John C. Palmerini. In a memo to district staff, he cited House Bill 1069, a law signed by Governor DeSantis in May, which defines “sex” as corresponding to “external genitalia present at birth,” and also broadly restricts instruction on gender and sexuality. […]
The new state regulations around bathroom use in schools are clearer. Students, staff members and visitors will be required to use either the bathroom corresponding to the sex they were assigned at birth, or use a single-stall restroom. Districts that violate this law can be fined up to $10,000.
* More from Florida…
While Florida joins Kansas, Texas, Mississippi, and a handful of other states in proposing crackdowns on immigrants lacking legal residency, no other state has mandated that hospitals question patients about their citizenship.
Doctors, nurses, and health policy experts say the law targets marginalized people who already have difficulty navigating the health care system and will further deter them from seeking medical help. […]
“Imagine if all the hospitals said, ‘This is wrong. We can’t do it.’ But they just stay silent because they may lose state funding,” Carrasquillo said. “We do have political leaders who are very vindictive and who come after you.” […]
Bailey Smith, communications director for the [state’s Agency for Health Care Administration], said in an email the information will deliver “much needed transparency on the burden of illegal immigration on Florida’s health system. Collecting this data allows taxpayers to understand where their hard-earned dollars are being exploited.”
* Arkansas…
* Branson, Missouri…
Drag shows in Branson will have to sashay away from certain parts of town.
The city’s Board of Aldermen approved a measure this week intended to “preserve the city’s values,” and maintain the city’s reputation as a “family-oriented tourist destination,” according to a city fact sheet on the bill.
Drag shows will only be allowed in Branson’s downtown zoning district. Businesses elsewhere that currently host performances will be allowed to continue doing so.
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Question of the day
Monday, Aug 14, 2023 - Posted by Rich Miller
* From the Illinois Constitution…
A bill shall be read by title on three different days in each house. […]
The Speaker of the House of Representatives and the President of the Senate shall sign each bill that passes both houses to certify that the procedural requirements for passage have been met.
That second bit triggers the enrolled-bill doctrine. In other words, the courts are to assume the procedure is valid because those two people certify that it’s valid.
* And that brings us to the majority opinion in a 2003 Illinois Supreme Court case: Friends of the Parks vs. Chicago Park District…
Under this [enrolled-bill doctrine] precedent, we will not invalidate legislation on the basis of the three-readings requirement if the legislation has been certified. In this case, plaintiffs acknowledge that Public Act 91-0935 was certified, thus precluding judicial review.
We noted in Geja’s Cafe and again in Cutinello that the legislature had shown remarkably poor self-discipline in policing itself in regard to the three-readings requirement. The same poor self-discipline is alleged to have occurred in this case. The record below has not, however, been sufficiently developed to support or contradict this claim. Nevertheless, because this court is ever mindful of its duty to enforce the constitution of this state, we take the opportunity to urge the legislature to follow the three-readings rule. While separation of powers concerns militate in favor of the enrolled-bill doctrine, our responsibility to ensure obedience to the constitution remains an equally important concern.
* From the Republican dissent in Caulkins vs. Pritzker, which quoted former GOP Justice Heiple in a 1995 dissent…
The interpretation of a constitutional provision depends, in the first instance, on the plain meaning of its language. Next, it depends on the common understanding of the citizens who, by ratifying the constitution, have given it life. A court looks to the debates of the convention delegates only when a constitutional provision is ambiguous.
There is no ambiguity in the provision requiring the legislature to read a bill on three different days in each house […]
If it were deemed desirable to foreclose inquiries into the regularity of the passage of bills, language similar to the enrolled-bill doctrine could have been included within the constitution. There is no such language. … There is no way that a voter could interpret the language of the constitution to mean that procedural requirements for the passage of a bill could be overridden by the signatures of two State officers. In truth, the signatures of the officers are merely prima facie evidence that the General Assembly has abided by the requirements of the constitution. In other words, it raises a rebuttable presumption that the requirements for passage have been met.
* The bill in question, HB5471, was introduced January 28, 2022 as an Insurance Code tweak dealing with public adjusters. It passed the House unanimously on March 4. On that same day, two Republican co-sponsors (Reps. McCombie and Hammond) withdrew their names from the bill, which sat idle until the veto session, when the Senate moved it to Second and then Third Reading.
Senate Floor Amendment 3, which contained the assault weapons ban, was introduced on January 9, as well as two technical amendments. The three amendments were approved for floor consideration by the Assignments Committee the very same day and the bill passed the Senate a little after 6 o’clock that evening.
The bill arrived in the House on January 10, where it was placed on the concurrence calendar. The Rules Committee sent the bill to the floor that same day, where it was approved by the House later that afternoon.
The bill was certified that day by the House Speaker and Senate President and sent to the governor, who signed it that evening.
In other words, a major bill with great import was introduced and passed by both chambers in somewhere around 24 hours.
* Back to the Republican dissent in Caulkins vs. Pritzker…
In this case, the Insurance Code bill that received votes on three different days in the House in 2022 was in no way the firearms bill that passed the House on one vote in 2023. […]
Article IV, section 8, of the Illinois Constitution requires a bill be read by title on three different days in each house. Three different days in each house is all it would have taken for the legislators to consider the firearms bill before passage and thereby comply with the procedural requirements of the constitution. And three different days in each house is all it would take for the House and Senate to conduct the legislative process again if this court were to find a violation of the three- readings rule and declare the Act unconstitutional.
When, as in this case, the work of the legislature directly impacts a fundamental right, which this court has said the right to keep and bear arms is, the people of Illinois deserve nothing less than the procedural requirements of the constitution be followed by their elected representatives and senators.
Because the procedural requirements of the constitution were not met in the passage of HB 5471, I would find the Act unconstitutional in its entirety. Thus, until this court has before it a validly passed act of the legislature, we should make no determination on the Act at issue in this case. Accordingly, I respectfully dissent.
* The Question: Should the General Assembly follow what the Republican dissent termed the “plain meaning” of the Illinois Constitution, or should the enrolled-bill doctrine continue as-is? Take the poll and then explain your answer in comments, please.
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A few that I missed Friday
Monday, Aug 14, 2023 - Posted by Rich Miller
* I posted a ton of bill-signing press releases on Friday, but I did miss a few. Here’s Kathy Byrne, President of the Illinois Trial Lawyers Association on HB219…
This important law will help deter reckless decisions and conduct that puts the lives of Illinoisans in danger and make Illinois a safer place to live and work.
For decades, Illinois law has allowed living plaintiffs to seek punitive damages in cases where a defendant’s reprehensible conduct causes injury. Punitive damages, while rare, serve to punish defendants for their reckless or intentional conduct, and deter others from engaging in similar conduct. It is up to the courts, on a case-by-case basis, to determine whether the misconduct warrants jury consideration of punitive damages.
The enactment of House Bill 219 provides that punitive damages are now also available when a defendant’s reprehensible behavior results in a victim’s death and are subject to the same burden of proof and standards of review applicable to punitive damages in injury cases. Now the inequity that perversely rewarded the reprehensible behavior of a defendant for killing the plaintiff versus “merely” injuring them has been removed. This law is fair and makes common sense.
We applaud Governor Pritzker for signing this important consumer safety measure, and thank Senate President Don Harmon and Leader Jay Hoffman for championing the bill through the legislative process. We also thank House Speaker Welch, Representative La Shawn Ford, and the many co-sponsors and supporters in the General Assembly that helped get the bill across the finish line.
On the other side of this issue is Andrew Perkins, regional vice president – Great Lakes at the National Association of Mutual Insurance Companies…
Unfortunately, Governor Pritzker has chosen to protect special interests and add more regulation to Illinois businesses. HB 219 will have a significant impact on Illinois businessowners and consumers by increasing litigation costs through punitive damages. Opportunistic lawyers can now take advantage of these increased costs, opening the current legal system to excessive, unpredictable awards and to fraud and abuse that has been avoided for decades in Illinois. Further, this law unfairly prevents other entities, including state government, from facing similar damages. It makes no sense for state agencies to be excluded from requirements applied to businesses that create jobs and foster economic opportunity for Illinoisians.
ITLA also hailed a bill-signing Friday removing the loophole which allowed rideshare companies to avoid being classified as common carriers.
* On to a different topic…
The Illinois Pharmacists Association and the National Community Pharmacists Association are applauding a new law in Illinois that prohibits retaliation by pharmacy benefit managers against pharmacists and pharmacies for disclosing information to courts, hearings, legislative commissions, law enforcement or other government agencies if there is reasonable cause to believe the disclosed information is evidence of violation of a state or federal law, rule, or regulation. HB3631, which was led by Rep. Hoan Huynh (D) and Sen. Mike Simmons (D), was signed into law by Gov. JB Pritzker (D) on Aug. 4, 2023. It has an effective date of July 1, 2023.
The top three PBMs control 80 percent of the market, and decide what medicines patients can take, where they must get them, and how much they pay. In recent years, they have leveraged their market power to implement abusive policies and practices that pad their profits at the expense of patients and pharmacies. Pharmacists who speak out oftentimes experience retaliation measures from PBMs that can include an exponential increase in audits, refusal to access future contracts and removal from preferred provider networks, among other punishments.
“PBMs for too long have been weaponizing contracting and auditing tactics to essentially force pharmacists into silence,” says Garth Reynolds, RPh, executive director of IPhA. “There’s more work to do to truly rein in these middlemen, but with HB3631, we can more freely share with government representatives how PBM policies harm pharmacy practice and our patients. IPhA is grateful to Rep. Huynh and Sen. Simmons for their leadership and support, and to Gov. Pritzker for signing this important bill into law.”
“For a marketplace to be free and healthy, there must be competition and transparency. PBM-insurers are fighting against both, even as policymakers at all levels of government look to crack down on business practices that stifle patient choice and disadvantage independent pharmacies,” says Joel Kurzman, director of state government affairs at NCPA. “This legislation is a great step forward in Illinois. Further PBM reforms and aggressive enforcement of policies like this one will be crucial if patients and taxpayers are to see the difference.”
* Women Employed…
Women Employed, which has been creating fundamental, systemic change for working women for 50 years, today applauded Gov. Pritzker for signing the salary transparency bill into law. The law amends the Illinois Equal Pay Act, and continues the state’s commitment to ensuring equal pay for all workers.
Sponsored by Rep. Mary Beth Canty and former Sen. Cristina Pacione-Zayas, the new law requires businesses with 15 or more employees to publicly post the wage or salary and description of benefits offered for a job, promotion, transfer or other employment opportunity beginning January 2025. It also requires employers to provide employees their current wage or salary range along with a general description of benefits upon that employee’s hiring, promotion or transfer, upon the employee’s request.
“We are grateful to Gov. Pritzker, Rep. Canty, Sen. Pacione-Zayas and all the partners we have worked with to advance pay equity across our state,” said Cherita Ellens, President and CEO of Women Employed. “Today we take a major step forward in closing the racial and gender pay gap for Illinois workers, and ultimately creating more fair and inclusive workplaces for working people across the state.”
In Illinois, closing the gender wage gap would translate into a 16 percent increase in women’s earnings, totaling $20.5 billion, a huge boost for the state’s economy. It also means 1.1 million children would benefit from equal pay, potentially reducing the poverty rate for children with working mothers by 43 percent.
Pay range and benefits information helps prospective employees accurately assess job opportunities and negotiate in an informed manner. Disclosing the salary or salary range for a position helps keep employers accountable, levels the negotiating playing field, and gives applicants, employees, and enforcement agencies information to identify and remedy any unjustified pay disparities.
Pay range transparency also helps businesses of all sizes more efficiently and effectively find and match candidates who are interested and would take the position. This helps save costs and gives small businesses without an HR team an edge, which is why many small businesses already include pay ranges in job announcements. Earlier this year, Adobe’s Future Workforce Study found that the vast majority of recent and upcoming college graduates want to know how much a role will pay before even applying.
Recently, Women Employed was the lead partner for the Illinois FARE Grant project, spearheaded by the Illinois Department of Labor and funded by the U.S. Department of Labor’s Women’s Bureau, which sought to ensure that women across the state, especially those in low-paid jobs, are aware of their equal pay rights, remedies, and resources. The effort reached millions of women across the state, helping them to better understand and advocate for their workplace rights.
In addition to advocating for the salary transparency law, Women Employed has advocated for all of the equal pay laws currently on the books in Illinois, including the No Salary History bill that passed in 2019. The law banned asking job applicants their previous salary and eliminated a practice that had perpetuated racial and gender wage gaps.
Illinois joins Colorado, Washington, and New York City with laws that require pay ranges be included in job postings.
* Illinois Clean Jobs Coalition on Governor Pritzker’s AV of HB 2878…
“We applaud Governor JB Pritzker for his amendatory veto of HB 2878, calling for greater public input into project planning and implementation. The transportation sector is the largest source of greenhouse gases and past transportation projects have not adequately considered impacts on communities, and especially environmental justice communities already overwhelmed by pollution from big trucks and other vehicles. That input should, at a minimum, include a greenhouse gas analysis of the project and whether there are alternatives that provide more efficient and affordable transportation options.”
* And I had a release or two Friday on this topic, but this is from the local park district, which has been fending off attacks from the Tinley Park mayor…
The Board of Commissioners of the Park District of Tinley Park today applauded Gov. JB Pritzker’s signing into law House Bill 3743 to transfer the site of the former Tinley Park Mental Health Center to the Park District to finally begin cleanup and redevelopment of the long-vacant land.
Gov. Pritzker’s signature of HB 3743 begins the process of transferring the blighted property to the Park District for $1, saving Tinley Park taxpayers over $4.5 million to purchase the site, which the Village of Tinley Park had previously offered, in addition to an estimated $12-$15 million in cleanup costs to be provided by the state. Now that the bill is signed into law, the Park District can work with the state in the coming weeks to begin the process of effectuating the land transfer to officially own the property.
“After many years of inaction, we are incredibly grateful for Gov. Pritzker’s support to finally begin the process of remediating and revitalizing this eyesore in our community,” said Lisa O’Donovan, Park District Board Commissioner and Chair of a new committee being established to oversee the project. “We are excited and ready to move forward with the many steps it will take to clean up the property and redevelop the site. We look forward to engaging with Tinley Park residents, schools, community organizations, and all stakeholders to create new opportunities for our community and the entire southland area to love our Tinley parks.”
“Transferring the Tinley Park Mental Health Center to the Tinley Park-Park District was one of the best decisions the State of Illinois made this year,” said Sen. Michael Hastings, Senate bill sponsor. “They have a track record of working together with everyone in our community and the south suburban region. More importantly, they are capable and have a plan ready to demolish and redevelop the property when it is ultimately transferred to them.”
“Today is a great day for Tinley Park and all of our southland communities,” said Rep. Robert Rita, House bill sponsor. “I’m proud to have sponsored this bill to allow the Tinley Park-Park District to turn this eyesore into a destination for people across the region, and I thank Gov. Pritzker for his support.”
With today’s action by the governor, the Park District is now taking its first steps as part of the process of cleaning up the property. The Park District is engaging Tetra Tech, which will conduct an updated environmental assessment of the site to determine the extent of remediation
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Do better
Monday, Aug 14, 2023 - Posted by Rich Miller
* My weekly syndicated newspaper column…
Serabi Medina’s family is currently raising money online to pay for her funeral. You’ve probably read or heard about how the 9-year-old girl was deliberately shot in the head and killed, allegedly by a neighbor in Chicago’s Portage Park neighborhood earlier this month.
But the fundraising shouldn’t be necessary.
Last year, House Bill 2985 created the Murdered Children Funeral and Burial Assistance Act. The measure unanimously passed both legislative chambers and was signed into law on May 10, 2022. The law was named after Mychal Moultry, a 4-year-old boy murdered in 2021. “My son will be remembered,” Mychal’s mom told a reporter last year.
The law allows the Illinois Department of Human Services to pay up to $10,000 for a murdered child’s funeral and burial starting July 1 of this year, but that spending was “subject to appropriation.”
That legalese means the services can only be paid if the program is specifically added to the state’s budget law with a dollar amount attached to it. And, as so often happens with legislation like this, the money was not properly inserted into the final bill, which means families like Serabi’s might not see a dime — although there is hope that a solution will be found.
]The problem with the system is that the buck doesn’t seem to really stop anywhere. The original Senate sponsor retired. Gov. J.B. Pritzker signed the bill at a Peoria event, but his budget office and the Department of Human Services didn’t include it in the spending plan Pritzker proposed in February. The legislative staff members also apparently don’t track bills to make sure programs are funded.
It looks like the program slipped through the cracks because, according to the governor’s office, the bill’s House original sponsor apparently made an honest mistake and mistook an appropriation for another burial program to be a funding source for the child burial legislation.
Rep. Camille Lilly is the original House sponsor of the murdered child funeral bill and also chairs the House Health & Human Services Appropriations Committee. She claimed first through a spokesperson and then in a phone conversation with my associate Isabel Miller that the law had been funded last year and, when no money was spent, $5 million was re-appropriated this year.
Trouble is, the law didn’t fully take effect until July 1, 2023, so it wouldn’t have been funded during the 2022 budget process.
More importantly, according to the governor’s office, the $5 million appropriations line Lilly pointed to is for an existing burial program for adults within three different Public Aid Code articles identified in the bill’s language, but not for the children’s program, which is in a different article of the code.
The Department of Human Services is “committed to implementing this law and is planning to utilize some of this appropriation to cover the children’s program,” explained Jordan Abudayyeh at the governor’s office. But the department will have to draft and implement rules to accomplish this because there’s no clear appropriation for the child program.
The rules, Abudayyeh said, will be “retroactive so funeral/burial expenses up to $10,000 may be covered related to tragedies that occurred between July 2022 and July 2024.”
Hopefully, this will all be fixed. But, as I mentioned above, this is all too common in Springfield. Legislators and advocates regularly pass bills that require government spending and then don’t adequately engage during the budget-making process (which is not what appears to have happened here).
The Department of Human Services was required by last year’s law to have new administrative rules in place by last month, but since the funding wasn’t in the budget, DHS put it on the back-burner. That shouldn’t have happened.
Staff members in both the legislative and executive branches are already stretched thin. The House’s appropriations staff is trying to form a union and their director recently announced his pending resignation. There’s lots of flux everywhere. Even so, somebody smarter than me needs to come up with a solution to this.
Separately, Lilly also pointed out to Isabel that the state still has trouble convincing funeral homes to conduct the services and then wait for reimbursement because of the state’s long history of extremely slow payments. State reimbursements flow a whole lot faster now, but it’s hard to live down a bad reputation.
In the meantime, if you would like to help Serabi Medina’s family pay for her funeral and burial, go here: https://www.gofundme.com/f/serabi-medina
…Adding… Another example of “subject to appropriation” from an email I received today…
Rich,
I thoroughly enjoy reading your blog and have done so for years. I am reaching with a legislative question since you are typically “in the know!”
I know that the legislature passed a bill in May ensuring free breakfast and lunch for all students (“Healthy School Meals for All Program”). I checked the status of that bill indicating that Pritzker had signed it:
Bill Number: HB2471
Description: Creates the Health School Meals for All Program to provide free school breakfast and lunches to students in all participating schools. This program is subject to appropriation.
Action: Signed
Effective: Immediately
I was naturally excited to read this and sent a question to my district superintendent and received the following disappointing response: “The bill signed by the Governor was done so with a condition that it was only required if funds were appropriated in the budget. My understanding is that implementation of the bill will cost approximately $200 million which is not currently appropriated in the state budget. If the bill were to be included in the FY25 appropriation, then I believe [redacted] would qualify for participation.”
I don’t understand the purpose of this bill having an immediate effective date with no money allocated. It seems as though school lunches will not be free for all for FY 24. Color me confused…
Thanks,
James
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* March 27th New York Times article on Chicago’s mayoral race quoting Chicago Fraternal Order of Police President John Catanzara on candidate Brandon Johnson…
“If this guy gets in we’re going to see an exodus like we’ve never seen before,” he said, predicting “blood in the streets.”
* From Arne Duncan’s March 24 Tribune op-ed endorsing Paul Vallas for mayor…
Candidate Brandon Johnson has been criticized for being too close to the Chicago Teachers Union, but he has suggested that his close relationship with the union actually puts him in the best position to get CTU to bend. As he said, “Who better to deliver bad news to friends than a friend?” […]
Johnson, on the other hand, has called for shifting funds from police to other social services, and I worry that the FOP would go to war with him on day one, just as the CTU did with Lightfoot after she defeated the union’s preferred candidate for mayor in 2019. We would all continue to pay a devastating price for that conflict.
* Sun-Times yesterday…
“[Larry Snelling, Mayor Johnson’s choice to lead the Chicago Police Department] was the one person that no matter which room we went in — from conservative rooms to progressive rooms to prosecutors to rank and file to community activists to the faith community, you name it — they all had great things to say about Larry Snelling,” [Anthony Driver, president of the new Community Commission for Public Safety and Accountability] said. […]
Snelling “commands the room. He exudes leadership by his mere stature. The way he carries himself. The way he speaks. He’s a proven leader,” [19th Ward Ald. Matt O’Shea] said. “The men and women on the Chicago Police Department — they want that. They want a strong leader that they know is gonna walk the walk as opposed to just talking the talk. And they know that Larry Snelling is gonna have their back. Now, more than ever, they need to believe in that.” […]
John Catanzara, the president of the Chicago Fraternal Order of Police, said he was pleased with the mayor’s choice and offered no criticism.
“We’re glad it’s somebody that we know and know we can work with, somebody who I think the membership trusts and has faith that there’s hope in this department still,” Catanzara said.
He noted that Snelling quickly responded to a congratulatory text message on Sunday and called the union boss back to talk about next steps — a “night and day approach” from the past administration. Catanzara acknowledged that morale among the rank and file has already improved over the summer.
“[Mayor Johnson’s interim superintendent Larry Waller] absolutely made a concerted effort to repair the damage done — not only by Lightfoot, but by David Brown, to the FOP,” he said.
Politicians are often reduced to one-dimensional cartoons by opponents, pundits, the news media and the general public. Sometimes, the caricatures are accurate. Often-times, they’re not.
It’s way too early to judge how Johnson is doing his job, of course, and he wasn’t responsible for placing Snelling on the list of three candidates, but the reaction to this pick is quite something and definitely worth noting.
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Open thread
Monday, Aug 14, 2023 - Posted by Isabel Miller
* Hope you all had fun-filled weekends! What’s going on in your part of Illinois?…
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Isabel’s morning briefing
Monday, Aug 14, 2023 - Posted by Isabel Miller
* Here you go…
* Tribune | Gov. J.B. Pritzker OK’s measure allowing civil action against gun dealers and manufacturers for improper marketing campaigns: Pritzker and other elected officials discussed the gun marketing liability law in Chicago at McCormick Place during a conference for the national gun control group Everytown for Gun Safety. Vice President Kamala Harris spoke at the event on Friday. “You know, we hold opioid manufacturers accountable. We hold vaping companies accountable. We hold predatory lenders accountable. Gun manufacturers shouldn’t get to hide from the law and now they won’t be able to,” Pritzker said at the conference on Saturday.
* Patch | Pritzker Signs Bill Giving Mental Health Center Land To Park District: After months of tension between the Village of Tinley Park and the Tinley Park-Park District as both entities vied for the right to purchase the long-vacant Tinley Park Mental Health Center land, Gov. Pritzker on Friday signed a law that will turn the property over to the park district for $1.
* Tribune | Over free speech objections from ACLU, Gov. J.B. Pritzker signs measure that targets doxxing: “Like a lot of things involving technology, the law is slow to catch up,” state Rep. Jennifer Gong-Gershowitz, a Glenview Democrat, said in an interview. “Here, the focus isn’t on how you get that information, or even necessarily the information itself, but what that person does with that information.”
* Tribune | In a glimpse behind the curtain, federal prosecutors tell jurors at perjury trial of Tim Mapes how he allegedly shielded his boss, Madigan ‘the wizard’: Formal investigations all but called Mapes’ conduct dictatorial. But you’d never guess that by looking at Mapes last week, sitting meekly and respectfully between his two lawyers in the solemn setting of a federal courtroom.
* The Messenger | Ex Illinois Governor Who Spared Every Death Row Inmate Weighs in on Louisiana Governor’s Attempt to Do the Same: With the lives of 56 of 57 death row inmates in Louisiana hanging in the balance, Ryan says his decision in 2003 — just two days before leaving office — was necessary even if controversial.
* HF Chronicle | Three south suburban legislators say progress is being made on policing:U.S. Rep. Robin Kelly, who represents Homewood and Flossmoor in Congress, Illinois Rep. Deborah Meyers-Martin, who represents sections of Homewood and Flossmoor in the Illinois House, and Cook County Commissioner Donna Miller, who represents Homewood on the county board, recently sat down for a discussion with the Homewood-Flossmoor Chronicle to offer updates on topics they discussed after George Floyd’s death in 2020.
* Tribune Editorial | If Illinois redesigns its state flag, what best captures the ‘state’ of Illinois?: Here are some helpful suggestions from political cartoonist and amateur vexillologist Scott Stantis, inspired by things that put the “ill” in Illinois:
* Week in Review | State Gun Ban Decision; Top Madigan Aide on Trial: The Illinois Supreme Court upholds the state’s sweeping gun ban by a 4-3 decision. Meanwhile, Vice President Kamala Harris tells a Chicago audience of activists that their generation can end gun violence. More testimony in the perjury and obstruction trial of former House Speaker Mike Madigan’s confidant, Tim Mapes, who ran the Illinois Democratic Party. Mapes faces up to 25 years if found guilty.
* Scott Holland | Task forces can be the early work of significant legislation: Consider Monday’s signing of Senate Bill 1818, which creates the Illinois Flag Commission, or last week’s approval of Senate Bill 2123, which establishes a task force to study ranked choice voting. Strip away the fanfare or pushback to realize neither law actually does anything more than formalize the possibility of change.
* Sun-Times | Illinois Supreme Court upheld assault weapons ban, but there’s more work to do: More states, and Congress too, must stand up to the NRA and others who put the right to own battlefield-style weapons over the rights of everyday people to safely attend a Fourth of July parade, go to the grocery store or a block party or anyplace else in public.
* Sun-Times | Larry Snelling named mayor’s pick for Chicago’s new top cop: Snelling’s appointment by Mayor Brandon Johnson must be confirmed by the City Council. Before that crucial vote, he is expected to be introduced to Chicago residents — and face questions — during at least one public hearing.
* Crain’s | Chicago’s top public health official Allison Arwady is fired by Mayor Brandon Johnson: Dr. Allison Arwady, the commissioner of the Chicago Department of Public Health, was removed from her position on Friday, according to multiple sources familiar with the matter. Arwady, who became commissioner in 2019 under Mayor Lori Lightfoot’s administration, had previously said she intended to remain in her post at CDPH under Mayor Brandon Johnson’s administration. However, leading up to his election, Johnson criticized Arwady’s public health approach and said he would replace her.
* Daily Herald | Building changes, extra staffing: How suburban schools are spending final COVID grant funds: Like many suburban school districts, Elk Grove Township Elementary District 59 officials used a hefty chunk of the final round of federal COVID-relief grant funds to upgrade ventilation systems in schools.
* Windy City Times | Equality Illinois officer files for state Senate seat: Public health, LGBTQ+-rights advocate and Wicker Park resident Jose “Che-Che” Wilson is joining the list of candidates seeking to fill the vacancy in the Illinois Senate for the 5th District.
* Ford County Chronicle | Iroquois County Board’s vice chairman interested in running for Tom Bennett’s state Senate seat: The Iroquois County Board’s vice chairman announced that he is interested in seeking election to the 53rd District Illinois Senate seat being vacated in January 2025 by the retirement of Gibson City’s Tom Bennett. Paul Ducat of Chebanse — one of four District I representatives on the 16-member Iroquois County Board.
* Daily Herald | As more suburban bag taxes come online, local chain flips plastic bag fee into reusable bag credit: After Batavia City Council voted in November to implement a 10-cent bag fee at many of its stores, health food chain Fruitful Yield decided to get ahead of the new policy and encourage its shoppers to bring their own bags by doing just the opposite.
* Herald-Review | Illinois reports 6% drop in uninsured vehicles since rollout of electronic verification: Last month, Sherman resident Joe Tavine was driving through his hometown when a local police officer pulled him over for going slightly over the speed limit. After supplying his license and insurance, Tavine was told that the Illinois Secretary of State’s Office had suspended his registration after being unable to verify his insurance policy back in October. As a result, his vehicle was towed.
* Daily Herald | Purple haze: How defective LED light fixtures are casting spooky glow over some suburban roads: Schaumburg is among the places where the purple lights have appeared. The village plans to replace 117 such fixtures along Meacham and Irving Park roads over the next few weeks.
* CBS Chicago | Chicago police officer reveals what new moms face on the force: For three years, Chicago Police officer Erin Kreho has documented filthy conditions inside rooms she was told to use when she needed to pump breast milk. She faced unsanitary conditions and a lack of privacy after having her children. Kreho also has filed formal complaints about the state and federal violations. Despite that, she says the Chicago Police Department has failed to fix the problems.
* Crain’s | WBEZ names new executive editor: In the new position, Bailon will “oversee editorial decisions regarding enterprise journalism, investigations, daily news and special projects,” according to a news release. Bailon’s duties will also see him partner on collaborative projects with the Chicago Sun-Times, which WBEZ parent Chicago Public Media acquired in 2022.
* News-Gazette | Inside Brooks & Dunn’s rider: 10 dozen bath towels, 17 types of beverage and a box of Cap’n Crunch: Technically, it’s the Vocal Duo of the Year Award — first presented at the 1970 CMA Awards to Dolly Parton and Porter Wagoner, before Conway Twitty and Loretta Lynn’s four-year run. But in country music circles, it’s now informally known as the BROOKS & DUNN Award, named after the dynamic duo that turned 23 nominations into 14 wins, nine more than the next-closest act in that category (Sugarland and last month’s Champaign County Fair headliner, the Brothers Osborne).
* AP | A central Kansas police force sparked a firestorm by raiding a newspaper and the publisher’s home: A small central Kansas police department is facing a torrent of criticism for raiding a local newspaper’s office and the home of its owner and publisher, seizing computers and cellphones, and, in the publisher’s view, stressing his 98-year-old mother enough to cause her weekend death.
* News-Gazette | 4-H opened door to new worlds for newest Illinois Alumni Award Winner: 4-H isn’t just for farm kids, and it isn’t all about raising cattle, says Craig Pessman, who today will be honored as the organization’s 2023 Illinois Alumni Award Winner. The Champaign resident credits 4-H for giving him all kinds of skills he still uses today, plus a drive to dedicate himself to various philanthropic efforts.
* Tribune | As plan for invasive carp barrier hits another snag, scientists and citizens employ creative strategies to protect Lake Michigan: “They’re never going to get rid of them,” said Onedia Wolverton, of Missouri, who has been joining her son and his family at the Original Redneck Fishing Tournament for more than a decade. Her grandson, who is about to start college, has been coming since he was a little kid.
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Live coverage
Monday, Aug 14, 2023 - Posted by Isabel Miller
* ScribbleLive is still down. Twitter has stopped allowing people to embed list feeds on websites. So, click here or here to follow breaking news. You can click here to follow the Tim Mapes trial.
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* Press release…
Building on historic action to protect Illinoisans from gun violence and just a day after the Illinois Supreme Court upheld the state’s assault weapons ban, Governor JB Pritzker signed the Firearm Industry Responsibility Act (FIRA) into law, holding accountable gun manufacturers who knowingly caused harm from unsafe marketing practices. Governor Pritzker signed the bill alongside lawmakers and gun control advocates at Gun Sense University, an annual training conference of more than 2,000 Moms Demand Action and Students Demand Action volunteers and survivors, hosted by Everytown for Gun Safety.
“Today, I proudly signed the Firearm Industry Responsibility Act into law — finally holding gun manufacturers accountable for endangering the public safety and health of our people,” said Governor JB Pritzker. “We hold opioid manufacturers accountable. Vaping companies accountable. Predatory lenders accountable. Gun manufacturers shouldn’t get to hide from the law—and now, they won’t be able to. Here’s to an Illinois where everyone feels safe in every corner of our great state.”
“No single industry should be given a free pass to engage in unlawful, unfair or deceptive conduct,” said Attorney General Kwame Raoul. “The Firearms Industry Responsibility Act clarifies my office’s ability to use the Consumer Fraud and Deceptive Business Practices Act, which is a tool to hold businesses accountable for fraudulent or deceptive practices through civil litigation. It is how my office has protected the public from opioid manufacturers, vaping companies, tobacco companies and predatory lenders. By signing this legislation, Gov. Pritzker has taken an important step to protect consumers and increase public safety.”
“Thoughts and prayers are hollow if we do not also act decisively. That is why we are continuing to rise to the occasion through this bill that will hold gun manufacturers accountable for advertising to our youth and promoting dangerous, illegal acts that jeopardize lives,” said Lt. Gov. Juliana Stratton. “For too long our communities have lost loved ones to gun violence. In Illinois, we are standing up to say ‘enough is enough’.”
“Depicting guns as tools for carnage is a dangerously irresponsible sales tactic that will undoubtedly lead to further murder and maiming of innocent people,” said state Rep. Jennifer Gong-Gershowitz, D-Glenview. “It is tragic that we have to step in to ensure manufacturers exercise common sense. However, thankfully due to the law we are codifying today, any reckless companies participating in such behavior will face serious penalties for their wanton disregard for public safety.”
“As a society, we long ago established that it is irresponsible, unsafe and illegal to allow certain entities to target our children with their marketing,” said Illinois Senate President Don Harmon (D-Oak Park). You see that with cigarettes and alcohol. This new law holds gun makers to the same standards, telling them to stop marketing to an audience that cannot legally purchase the product. It’s common sense.”
Under the Firearm Industry Responsibility Act (HB 218), gun manufacturers that engage in unsafe and unlawful marketing and sale will be held accountable for actions contributing to gun violence in Illinois communities. The proposed measure will prohibit advertising and marketing that encourages para-military or unlawful private militia activity and advertising to individuals under 18 that encourages the use of a firearm in an unlawful manner including advertising the uses of cartoons, stuffed animals and clothing targeted towards children.
Earlier this year, Governor Pritzker signed legislation to ban assault weapons, cap sales of high-capacity ammunition magazines, ban “switches” that convert legal handguns into assault weapons and extend the ability of courts to prevent dangerous individuals from possessing a gun through firearm restraining orders.
Governor Pritzker has also signed legislation to ban unserialized, privately made “ghost guns,” the first Midwestern state to do so (HB 4383). In 2021, Governor Pritzker signed legislation expanding background checks on all gun sales in Illinois and modernizing and strengthening the Firearm Owners Identification Card System (HB 562). Additionally, Governor Pritzker signed legislation (SB 337) to combat the scourge of illegal gun trafficking, making Illinois the 16th state to require gun dealers to be certified by the state after more than a decade of work. Governor Pritzker’s Reimagine Public Safety Act also established the first ever Office of Firearm Violence Prevention, providing a historic investment in community-based violence prevention for the communities most affected by firearm violence.
This legislation is effective immediately.
* CBS 2…
“There’s an attitude in the gun industry that they’re not responsible for what happens with their products,” said David Pucino, deputy chief counsel of the Giffords Law Center to Prevent Gun Violence.
Pucino said the Gun Violence Victims’ Access to Justice Bill, which passed both houses this week and is on its way to Gov. Pritzker’s office to sign, would make it easier for victims of gun violence and their families to take this type of legal action in the state of Illinois.
“There’s an explicit exception in the federal statute that says if a gun company is breaking state law, they don’t get any protection,” Pucino said.
* Tribune…
Prior to the measure’s passage in May, Senate Republican Leader John Curran, of Downers Grove, raised concerns about the “vagueness and the lack of notice and guidance” that the measure gives firearms businesses when they try to comply with such a law by implementing certain safeguards.
“We already heavily regulate those who sell and transact weapons in this state. What this proposal before us does, it really just sets a whole myriad of additional liabilities for gun dealers, and quite frankly there’s parts of it that would be impossible for them to follow,” Curran said during a Senate floor debate. He also said he thinks the measure could be challenged in the courts.
Before the bill passed, at least one of its other opponents argued it violates federal law, which provides protections for firearms manufacturers against civil liabilities. During the Illinois Senate floor debate, Senate President Don Harmon sought to assure others in the chamber that the bill “does not conflict with federal law.”
“I want to emphasize why we’re doing this. One of the key components of this is to prevent marketing to children,” said Harmon, a Democrat from Oak Park.
* NBC 5…
The measure passed on a party-line vote earlier this year, and Republicans warned at the time that it will face legal challenges on Second Amendment grounds.
“What we have here is, at best, a constitutionally-questionable bill that is going to require our state to expend resources in defending it because it’s already been said that a challenge is going to come,” Rep. Dan Ugaste said to the State Journal-Register. “It’s happened in every other state that’s passed this legislation.”
* Center Square…
Robert Bevis of firearm manufacturer and retailer Law Weapons in Naperville said the measure is another example of an infringement.
“Automobile manufacturers are not responsible for people that drive drunk and crash their cars,” Bevis said. “We can’t be held responsible for the way somebody uses a firearm if it’s in a nefarious way.”
Bevis is a lead plaintiff in one of the cases pending in the Seventh Circuit U.S. Court of Appeals challenging Illinois’ and Naperville’s gun and magazine ban. In a separate state-level case, the state’s ban was upheld Friday by the Illinois Supreme Court. […]
The new law mirrors one signed by California Gov. Gavin Newsom in 2022. Assembly Bill 1594 created the “firearm standard of conduct,” requiring members of the firearm industry to “enforce reasonable controls” to prevent the sale of firearms to a downstream distributor that does not enforce the same controls. The National Shooting Sports Foundation challenged the law in federal court in May 2023, asking the judge to stop it from taking effect while it’s litigated. Attorneys for Attorney General Rob Bonta and the NSSF on Friday agreed on a Sept. 11 deadline for the state to respond to the injunction request.
* G-PAC…
Today, Gun Violence Prevention PAC Illinois (G-PAC) released the following statement from Kathleen Sances, CEO of G-PAC, following Governor JB Pritzker signing H.B. 218 – also known as the Firearms Industry Responsibility Act — into law. This law will hold gun manufacturers accountable through the Consumer Fraud and Deceptive Business Practices Act for their dangerous and deceptive marketing practices, including advertising encouraging para-military or unlawful private militia activity and advertising directed to children. The bill’s signing comes on the heels of the Illinois Supreme Court ruling to uphold the state’s ban on assault weapons and large-capacity magazines.
Three months ago, G-PAC launched the #NotInOurHouse campaign to educate Illinoisans on the immunity the firearm industry enjoys and how it has targeted kids as future customers — all to advocate for the passage of this bill.
“Today, we took an important step in the fight against dangerous disinformation from the gun industry. Governor JB Prizker’s signing of the Firearms Industry Responsibility Act into law will end the gun industry’s deceitful advertising tactics and hold manufacturers accountable for the harm they have caused.
“This win for gun safety comes a little over a year after the devastating Highland Park mass shooting. Since then, we have made tremendous strides in curbing gun violence in Illinois and setting the stage for our children to have futures free from this burden. We have shown the gun industry that we will not be complicit in their manufactured political wars to push their anti-public safety agenda for financial gain.”
* AG Raoul…
Attorney General Kwame Raoul today applauded Governor JB Pritzker for signing into law his Firearm Industry Responsibility Act to hold bad actors in the gun industry accountable for unlawful sales and marketing tactics.
“No single industry should be given a free pass to engage in unlawful, unfair or deceptive conduct,” Attorney General Raoul said. “The Firearms Industry Responsibility Act clarifies my office’s ability to use the Consumer Fraud and Deceptive Business Practices Act, which is a tool to hold businesses accountable for fraudulent or deceptive practices through civil litigation. It is how my office has protected the public from opioid manufacturers, vaping companies, tobacco companies and predatory lenders. By signing this legislation, Gov. Pritzker has taken an important step to protect consumers and increase public safety.”
Raoul’s legislation amends the Consumer Fraud and Deceptive Business Practices Act to clarify that businesses in the firearms industry are and have always been subject to civil liability if they engage in unlawful business and marketing practices.
Illinois Senate President Don Harmon and Rep. Jennifer Gong-Gershowitz sponsored House Bill 218.
“At its core, this legislation will protect consumers,” said Senate President Harmon. “These are reasonable, manageable steps we can take to help curb the scourge of gun violence in our state.”
“In 2020, guns surpassed traffic fatalities as the leading cause of death for children in the U.S. In 2023 alone, there were 58 unintentional shootings by children,” said Gong-Gershowitz. “HB218 is designed to hold those in the firearms industry who violate Illinois law accountable and ensure families devastated by gun violence have a path to justice in Illinois civil court.”
The law is the most recent step in Attorney General Raoul’s work to comprehensively address gun violence throughout Illinois and across the nation. The Attorney General’s office has been defending, and will continue to defend, the constitutionality of the Protect Illinois Communities Act in both state and federal court.
Raoul created a state-of-the-art crime-gun tracing database for Illinois law enforcement called Crime Gun Connect. Raoul’s office also collaborates with local law enforcement to combat gun trafficking and has used the office’s jurisdiction to prosecute multi-county gun trafficking offenses. Additionally, the Attorney General’s office works with law enforcement agencies and prosecutors to increase awareness of Illinois’ red flag law and to address gaps in Illinois’ firearms licensing system. The office also continues to prosecute individuals who lie on FOID card applications.
The Attorney General’s office partners with the U.S. Secret Service National Threat Assessment Center (NTAC) to try to avert violence by hosting trainings for law enforcement officers, educators, religious leaders and other community members that are designed to prevent targeted acts of violence.
Attorney General Raoul has persistently advocated at the federal and state level to strengthen the regulation of 3D-printed guns and ghost guns. Illinois law now prohibits ghost guns, but the office continues to fight in federal court to help defend a recent rule closing the federal loophole.
Nationally, Attorney General Raoul successfully filed and resolved a lawsuit to get the federal firearm license of an unscrupulous arms manufacturer revoked. The office has also led several multi-state amicus briefs supporting commonsense gun safety laws in other states.
In addition to supporting law enforcement, the Attorney General’s office supports victims service providers around Illinois that offer trauma-informed services for crime victims and their families. Raoul’s Crime Victims Services Division administers a host of programs and services to assist survivors of violent crime. More information is available on the Attorney General’s website.
That’s all I have in my in-box so far.
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