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Federal appeals court stays Downstate federal judge’s gun ruling

Thursday, Dec 5, 2024 - Posted by Rich Miller

* News…


* The order

The district court issued an opinion holding that multiple state laws regulating assault weapons, large-capacity magazines, and associated matters are unconstitutional. The opinion contains some language in the nature of a permanent injunction, but this language does not appear in either an injunction (see Fed. R. Civ. P. 65(d)(1) (”Every order granting an injunction… must: (A) state the reasons why it issued; (B) state its terms specifically; and (C) describe in reasonable detail- and not by referring to the complaint or other document —the act or acts restrained or required. )) or a Rule 58 judgment (which omits the relief to which the prevailing parties are entitled).

Defendants have appealed, and they request a stay pending appeal. Plaintiffs have responded, and defendants have replied. The parties also have filed memoranda addressing the problems created by the district court’s noncompliance with Rules 58 and 65.

Appellate jurisdiction exists, notwithstanding these errors, because it is plain that the district court is done with the case. Compliance with Rules 58 and 65 remains necessary -essential, if any litigant anticipates enforcing the decision through the contempt power —and we trust that the district court will enter appropriate orders promptly without the need for a formal command by this court.

Defendants’ request for a stay rests largely on the fact that this court already has held that the laws in question survive motions seeking preliminary injunctions. Bevis o. Naperville, 85 F.4th 1175 (7th Cir. 2023), cert. denied, 144 S. Ct. 2491 (2024). A decision at the preliminary-injunction stage is not dispositive when the plaintiffs later seek permanent relief; our opinion indicated some matters that needed further exploration. But the analysis in Bevis shows that the laws have enough support to remain in place pending the final resolution of plaintiffs’ suit.

Every other court of appeals that has addressed the validity of similar legislation in the wake of New York State Rifle Association v. Bruen, 597 U.S. 1 (2022), has come out the same way as Bevis. See Ocean State Tactical, LLC v. Rhode Island, 95 F.4th 38 (1st Cir. 2024); Bianchi v. Brown, 111 F.4th 438 (4th Cir. 2024) (en banc); Hanson v. Smith, 120 F .4th 223 (D.C. Cir. 2024). The laws addressed by those decisions differ in some respects from the Illinois statute. Yet the absence of support in other circuits for the district court’s disposition lends strength to a conclusion that the Illinois statutes should remain in force until final appellate resolution.

At least two other essentially identical suits are pending in other district courts within the Seventh Circuit. The three suits were addressed jointly in Bevis, and they must be resolved the same way eventually. (The state laws cannot be valid in some parts of Illinois and invalid elsewhere.) This does not necessarily imply that the three cases will again be consolidated on appeal; we are reluctant to delay disposition of this appeal indefinitely just because similar litigation is pending in other districts. Still, the only way to preserve the status quo statewide is to enter a stay in this suit.

The judgment of the district court accordingly is stayed. The stay will remain in force until this court has issued its mandate.

  1 Comment      


Isabel’s afternoon roundup

Thursday, Dec 5, 2024 - Posted by Isabel Miller

* Block Club Chicago

More than two years ago, West Ridge’s state senator helped secure $5 million in funding to add an ambulance to the local fire station.

But the ambulance never arrived.

Frustrated by the delay, neighbors are calling on city officials to use the funds and expand first responder services on the Far North Side.

Currently, the Engine 71 fire station has no space to house an ambulance unit. Ellen Doppelt, executive director of the neighborhood development council, has been advocating for the renovation of the firehouse since 2021. State funding for the project was secured by state Sen. Ram Villivalam the following year, but the city has yet to use the funds.

* Pretty neat

*** Statehouse News ***

* Press Release | Gov. Pritzker Accepts International Award for Illinois’ Leadership in Innovation: Illinois was one of just 35 organizations worldwide to receive the Startup Ecosystem Star Award. Additionally, Illinois was the only U.S. entity to receive favorable results across all award categories, not only “Outstanding Investment Boost”

*** Statewide ***

* ABC Chicago I-Team | Drug Lab Scandal: After investigating for months, the ABC7 I-Team exposes a statewide scandal at a forensic testing lab. The I-Team has uncovered hundreds of potentially wrongful convictions, testing troubles, and claims of a cover-up. Chuck Goudie and the I-Team investigate, Thursday at 10 p.m.

* NPR Illinois | Illinois’ deceitful path to statehood: Illinois celebrated its 206th birthday this week. When it became a state in 1818, it faced obstacles. Among them, the state lacked the population that was needed. But those determined to become part of the union found a way. “We cooked the books,” said author Tara McClellan McAndrew.

* KFVS | Illinois pork producers group says they suffer because of a California law: Illinois pork farmers say a California law that went into effect in 2023 is hurting business in the Midwest, and are hoping a new national farm bill could help. Proposition 12 went into effect in California in 2023, requiring pregnant pigs to have 24 square feet to themselves per female, and banning all sales from companies that don’t comply with those regulations across the U.S.

*** Chicago ***

* Fox Chicago | Illinois Labor Department files bankruptcy claims against Foxtrot, Dom’s Kitchen to recover unpaid wages: The Illinois Department of Labor (IDOL) is working to recover more than $3.8 million in unpaid wages and benefits for over 350 employees left jobless after their employers abruptly shut down earlier this year. On Oct. 30, IDOL, through the Illinois Attorney General’s Office, filed federal bankruptcy claims against Outfox Hospitality, LLC; Dom’s Kitchen and Market, LLC; and Foxtrot Market.

* NBC | Beware the fake George McCaskey account on Twitter: The issue came to a head this morning when fake George tweeted the team isn’t for sale. That came in response to a suggestion that Jeff Bezos will buy the Bears. This never happened before Twitter started selling blue check marks. Now that anyone can pay for an account, anyone can set up a phony account that might seem legitimate.

* Tribune | ‘I can smell a sale’: How notable Chicagoans shop for the holidays: Pappas, who has served as Cook County treasurer since 1998, usually finishes her holiday shopping in June. “I can smell a sale,” she said. […] Cook County Board President Toni Preckwinkle, to whom Pappas gave one of her own jackets. (Pappas is known for collecting eclectic jackets that she features in her annual jacket calendar.) Also, Romanian monks she befriended while on a trip to discuss the country’s property tax system with officials there. “The monk in Bucharest wanted a pair of Cole Haans. So I bought the Cole Haans on sale,” she said.

* Sun-Times | Former White Sox star Bill Melton dies: “Bill and I shared many nights in studio talking baseball,” said Sox Hall of Famer Frank Thomas, who worked alongside Melton on TV. “He really knew how to light up a room. I loved his humor and stories. When he dropped ‘Laddy’ on you you knew something funny was coming. God Bless, Rest in peace Bill.”

*** Cook County and Suburbs ***

* Daily Southtown | Harvey settles FOIA lawsuit after denying police body-worn footage request related to arrest: Harvey paid $3,750 to settle a lawsuit alleging the city violated the Freedom of Information Act by denying a Harvey man’s request for body-worn camera footage related to his arrest, according to the settlement agreement. City Council members approved the payment to Brandon Collymore at a council meeting Sept. 9, which was set to be paid within 45 days. Part of the agreement also called for the city to give Collymore a copy of the body-worn camera footage. The Daily Southtown requested a copy of the settlement through FOIA after the meeting but did not receive it for more than two months.

* CBS Chicago | Store owners say new State’s Attorney O’Neill Burke’s tightening of felony retail theft rules is much welcome: “It’s going to help all business,” said Dave Garfield of Garfield’s Beverage Warehouse, which has locations in Old Town, Wicker Park/Bucktown, and several suburbs. “Certain products, we only put so much on the shelf—because we know they’re specifically targeted.”

* Tribune | Future of Northbrook’s Metra station coffee shop cast into doubt: After 30 years, the tiny coffee shop inside Northbrook’s Metra train station faces an unclear future, with commuters waiting to see whether they’ll still be able to get their morning java. The Village Board voted unanimously at its Nov. 12 meeting to grant the Grind Cafe a six-month extension of its lease at the current rent of $275 a month, but to end that lease after six months and issue a request for proposals, or RFP, from would-be tenants.

*** Downstate ***

* WTTW | Why There is a Movement in Some Downstate Counties to Split From Illinois: Some supporters said they disagree with a 1960s U.S. Supreme Court decision, Reynolds v. Sims, which established what’s referred to as “one person, one vote.” “Three wolves and a lamb aren’t supposed to decide what they’re having for dinner that night,” [Loret Newlin, advocate for the Illinois Separation Referendum] said. “Because the lamb is going to lose every time.”

* WICS | New details about Boys and Girls Club lost grant: The Illinois State Board of Education said the grant is supposed to be used to fund *new* afterschool programs, and not permanent funding for ongoing programs like the ones The Boys and Girls Club provides. The Boys and Girls Club of Central Illinois was awarded the 5-year grant in 2015. ISBE continued the grant in 2020 for another 5 years. Now ISBE said they can’t have it anymore.

* WCIA | ‘It’s priceless’: Champaign’s Pregnancy Resource Center and other organizations to receive Toys for Tots items: On Thursday, WCIA is bundling up in the back parking lot to collect toys for children across Champaign County. Trucks, dolls, Legos, and games will be distributed to families with kids of all ages, and some non-profits will also benefit. Eight groups in Champaign County will get some of the toys. One of those organizations is the Pregnancy Resource Center located behind the Salvation Army on Market Street.

* WMBD | Finding more affordable housing is a route to help the unhoused in Peoria: Affordable housing has been at the forefront of issues for many in Central Illinois after some municipalities, including Peoria, made public camping illegal. The moves have put the spotlight on the homeless crisis that is plaguing the area. But looking beyond that, there’s a much bigger issue, said Kate Green, who heads Home For All Continuum of Care. The goal, she said, is to get beyond the noise that has occurred in the past few months and focus on the real issue of the people who are living on the streets, in shelters or even staying on someone’s couch.

* WIFR | Household Hazardous Waste site opens in Rockford for Illinois residents: Illinois residents can dispose of common household hazardous waste items like aerosols, corrosives, oxidizers, solvents, oil-based paints, waste oil, pesticides, fertilizers, batteries (no alkaline), and fluorescent lamps. Items can be dropped off for free. “Worst thing people can do it either pour them down the storm sewer or the sanitary sewer,” says Robert Wilhelmi, Brownfields Redevelopment Specialist. “So, ultimately the best thing and most responsible thing for residents to do is bring them down here where products can be safely disposed of or recycled.”

* Illinois Times | Viper Mine announces closure: Operations at the Viper Mine in Elkhart are shutting down after the city of Springfield chose a cheaper coal supplier for its electrical power plant. The mine, which at its peak employed about 300 miners, now is down to a skeleton crew responsible for dismantling equipment, Jim Smith, president of Knight Hawk Coal, told Illinois Times.

*** National ***

* NYT | How One of the World’s Richest Men Is Avoiding $8 Billion in Taxes: It is just one sign of how the estate tax — imposed solely on a sliver of the country’s multimillionaires — has been eviscerated. Revenue from the tax has barely changed since 2000, even as the wealth of the richest Americans has roughly quadrupled. If the estate tax had simply kept pace, it would have raised around $120 billion last year. Instead it brought in about a quarter of that.

* Axios | Anthem Blue Cross Blue Shield calls off surgery anesthesia cap: A major health insurance company is backing off of a controversial plan to limit coverage of anesthesia in at least one state, according to Connecticut’s comptroller. Anthem Blue Cross Blue Shield recently decided to “no longer pay for anesthesia care if the surgery or procedure goes beyond an arbitrary time limit, regardless of how long the surgical procedure takes,” according to the American Society of Anesthesiologists, which opposed the decision.

* CNN | California suspends distribution of Raw Farm raw milk products after bird flu detection: “All Raw Farm operations are currently under quarantine, from herds to bottled product, which means that all raw milk product distribution is suspended,” Steve Lyle, director of public affairs for the agency, said in a statement on Monday. “CDFA dairy inspectors sampled milk from bottled products and bulk milk storage at Raw Farm’s bottling facility on Wednesday, Nov 27, and laboratory test results made known on November 28 showed the presence of the bird flu virus. All milk tested by CDFA remained at the Raw Farm plant and was not released to consumers.”

  10 Comments      


Illinois Supreme Court: Raw cannabis smell is enough to trigger warrantless automobile searches

Thursday, Dec 5, 2024 - Posted by Rich Miller

* From back on September 19

The stench of smoked pot doesn’t give a police officer the right to search an adult’s car without a warrant, according to a new ruling from the Illinois Supreme Court.

The searches were allowed when marijuana was illegal in the state. But in a 6-0 opinion issued Thursday, justices say that changed when it became legal for adults in Illinois to use cannabis due to a change in state law.

“Since Jan 1, 2020, the use and possession of cannabis is presumptively lawful, subject to certain restrictions,” Justice Scott Neville wrote in deciding the case (The People v. Redmond). “We hold that the odor of burnt cannabis, alone, is insufficient to provide probably cause of police officers to perform a warrantless search of a vehicle.”

Still unresolved is how far police can go if they smell raw cannabis, in potential breach of a state law that requires cannabis to be stored in an odorless container when a car is moving. […]

“The odor of burnt cannabis is a fact that should be considered when determining whether police have probably cause to search a vehicle, but the odor of burnt cannabis, standing alone without other inculpatory facts, does not provide probable cause to search a vehicle,” Neville wrote.

The earlier ruling is here.

* Today

The smell of raw cannabis is grounds for police to search a vehicle, the Illinois Supreme Court ruled Thursday.

The decision runs counter to the court’s previous ruling that the smell of burnt cannabis by itself is not sufficient reason for a vehicle search.

The two rulings create a situation in which, though it is illegal to smoke pot in a vehicle, drivers are protected from a search based only on the smell of burnt cannabis, but are not protected from a search based on the smell of raw marijuana. […]

“In short, while cannabis is legal to possess generally, it is illegal to possess in a vehicle on an Illinois highway unless in an odor-proof container,” the court wrote in the Molina case. “The odor of raw cannabis strongly suggests that the cannabis is not being possessed within the parameters of Illinois law. And, unlike the odor of burnt cannabis, the odor of raw cannabis coming from a vehicle reliably points to when, where, and how the cannabis is possessed — namely, currently, in the vehicle, and not in an odor-proof container.”

Today’s ruling is here.

* From the statute in question in both cases

(625 ILCS 5/11-502.15)
Sec. 11-502.15. Possession of adult use cannabis in a motor vehicle.
(a) No driver may use cannabis within the passenger area of any motor vehicle upon a highway in this State.
(b) No driver may possess cannabis within any area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible.
(c) No passenger may possess cannabis within any passenger area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible.
(d) Any person who knowingly violates subsection (a), (b), or (c) of this Section commits a Class A misdemeanor.

* From the conclusion to today’s ruling

In sum, we hold that the odor of raw cannabis coming from a vehicle being operated on an Illinois highway, alone, is sufficient to provide police officers, who are trained and experienced in distinguishing between burnt and raw cannabis, with probable cause to perform a warrantless search of a vehicle. See Hill, 2020 IL 124595, ¶ 18 n.2 (“the smell and presence of cannabis undoubtedly remains a factor in a probable cause determination”). Our finding of probable cause is consistent with the Vehicle Code’s odor-proof container requirement. In other words, an officer trained and experienced in distinguishing between burnt and raw cannabis who smells the odor of raw cannabis in a vehicle stopped on the highway would logically suspect that there is cannabis in the vehicle that is not properly contained as required by the Vehicle Code. See 625 ILCS 5/11-502.15(b), (c) (West 2020). Therefore, the circuit court erred when it granted the motion suppressing the raw cannabis confiscated from Molina. Accordingly, we affirm the appellate court’s decision reversing the trial court’s order suppressing the evidence seized in the warrantless search of Molina’s car.

* Justices Mary K. O’Brien and Chief Justice Mary Jane Theis dissented

We have concluded that neither the odor of alcohol nor the odor of burnt cannabis, absent any other factor, is sufficient to establish probable cause to search a vehicle. We should reach the same conclusion as to raw cannabis: the odor of raw cannabis, absent any other factor, is not a sufficiently inculpatory fact that reliably points to when, where, or how the cannabis was possessed

  27 Comments      


Question of the day: Golden Horseshoe Awards

Thursday, Dec 5, 2024 - Posted by Rich Miller

* The 2024 Golden Horseshoe Award for Best Place to Gather for Dinner During Session Weeks is Saputo’s

Feels like a cliche but even as I’ve pulled away from being as social as I once was during session evenings, I’ll never not walk out of Saputo’s with a new hilarious anecdote after running into someone there. It’s a reminder of the camaraderie that keeps us coming back to Springfield year after year even when things get tough.

Honorable mention goes to Illini Country Club.

* The 2024 Golden Horseshoe Award for Best Place to Gather for Drinks, Etc. During Session Weeks goes to JP Kelly’s

The number of relationships and issues that have been mended and solved at that bar as a result of people just being nice to each other and saying hello regardless of what they’re fighting about under the dome is reason enough to be faithful. But I also really love the folks who work there.

It got a lot of support, but that nomination sealed the deal. Honorable mention to Trish and Mary’s.

* Our two categories today…

    Best Senate Democratic Legislative Assistant/District Office Manager

    Best Senate Republican Legislative Assistant/District Office Manager

I know it’s often difficult to nominate in both categories, but please do your best. Also, please make sure to explain your nominations or they won’t count.

* Meanwhile, I received this very nice email yesterday from Lutheran Social Services of Illinois

Good afternoon Rich,

My name is Maizee Miller and I am on the Advancement team with Mariah Heinz. I wanted to reach out and thank you for all that you do for LSSI as a whole, as well as for helping us make a difference in the lives of children in care. As a previous caseworker myself, I can attest that there is no better feeling than being able to provide Christmas wishes to children who would likely not receive them otherwise. Thank you for making that feeling a reality and continuously making an impact.

Sincerely,

Maizee Miller, M.A.
Advancement Gift Officer
Lutheran Social Services of Illinois

All I’ve ever tried to do is motivate the people who visit this website to help LSSI buy Christmas presents for foster kids. Without y’all, nothing happens.

Since Tuesday, we’ve raised more than $11,000, which is enough to buy presents for 440 foster kids. That’s 440 happy smiles at Christmastime for kids whose lives haven’t been so good.

But that’s only about 17 percent of the foster kids in LSSI’s care system. We need to do better, so please click here today and give what you can.

Thanks!

  9 Comments      


Carp-e Diem!

Thursday, Dec 5, 2024 - Posted by Isabel Miller

* WTTW in July

After months of negotiations, Illinois finally signed onto a project partnership agreement this week with the state of Michigan and the Army Corps of Engineers to move forward with construction of what’s largely viewed as the last line of defense against invasive carp entering the Great Lakes.

The best chance to halt the carp’s progress into the lakes — so far the fish has relentlessly moved north up the Mississippi River — is a multi-layered barrier at the Brandon Road Lock and Dam near Joliet, Illinois, which has been identified as a critical pinch point. […]

But the partnership agreement was needed in order to release those federal dollars and begin the actual construction phase. (Design and pre-construction has been underway since 2020.) Illinois Gov. J.B. Pritzker balked at signing, as previously reported by WBEZ, due to what he viewed as the state’s disproportionate shouldering — finance-wise — of a Great Lakes region-wide crisis.

“While the federal government has determined this project is of the highest priority, the taxpayers of Illinois and Michigan should not be the only states to carry the burden of the non-federal share of funding when the entire Great Lakes region will certainly experience the devastating impact of inaction,” Pritzker told the Army Corps in documents obtained by WBEZ.

* WTTW today

On Wednesday, the U.S. Army Corps of Engineers, which is overseeing the project, announced it had awarded a $15.5 million contract to Miami Marine Services for site preparation and riverbed rock removal. […]

Brandon Road Lock and Dam — situated in the Des Plaines River near Joliet, roughly 30 miles southwest of Chicago — was identified as the critical pinch point where the carp could be stopped from entering the Great Lakes.

The fish have been making their way up the Mississippi into the Illinois River. Fears are that if the carp become established in the Great Lakes, they could outcompete native species, harm the ecosystem and decimate the Great Lakes’ $20 billion fishing and boating industries.

The barrier will use a multi-pronged approach, deploying various technologies to deter the invasive fish from moving closer to Lake Michigan.

* Meanwhile, Sierra Club

Silver carp particularly represent a huge threat to the fisheries in the Great Lakes. In June 2023, 408 carp were caught in Minnesota, stunning officials. Millions of dollars a year are spent on the construction of electric barriers to keep carp from invading the Great Lakes from the Mississippi River, with a $1 billion development plan in the works from the US Army Corps of Engineers in Illinois, but it still might not be enough. […]

Researchers say just 10 breeding pairs could inundate the ecosystem.

Silver carp are coming. Barriers might slow them down, but stopping them completely may be impossible. Officials and researchers think, however, that the creation of consumer markets for silver carp could work to manage their numbers.

“If you can create a successful market around the fish, then the markets can be a tool to manage them,” said Ben Meadows, an assistant professor of economics at the University of Alabama, Birmingham.
[…]

“A rebranding kind of campaign for them could potentially bring their price up, making it more economically viable for people to go fish for them,” he said.

One way to get the silver carp population under control seems relatively simple—eat the carp.

Thoughts?

  15 Comments      


Roundup: Jurors see Madigan’s list of recommended hires for Pritzker administration

Thursday, Dec 5, 2024 - Posted by Isabel Miller

* Courthouse News

Jessica Basham, onetime chief of staff to former Illinois House Speaker Mike Madigan, took the stand Wednesday in Madigan’s ongoing federal corruption trial. Much of her testimony focused on lists of people Madigan’s office recommended for state board and commission positions to the then-nascent office of Democratic Illinois Governor J.B. Pritzker between 2018 and 2019.

Basham testified she served as Madigan’s chief of staff between June 2018 and August 2021, following the departure of Madigan’s prior chief Tim Mapes — now convicted for perjury — amid sexual misconduct allegations. During that time, she said she communicated on multiple occasions with Pritzker’s staff regarding recommendations for state boards and commissions. Jurors also saw evidence that Madigan, through Basham, often requested updates on how Pritzker was leaning on the recommendations.

Among the Pritzker staffers that Basham kept in contact with regarding the state boards was Nikki Budzinski, previously one of the governor’s top advisors and now a U.S. representative for Illinois’ 13th Congressional District.

Local NPR news outlet WBEZ reported in June 2020 that Pritzker’s administration hired at least 35 of the then-speaker’s recommended personnel. Basham, per a document jurors saw Wednesday morning, found in 2020 that Madigan’s recommendations had a “47% success rate” — that the governor’s office acted on 43 of the 91 people Madigan’s office recommended.

* Tribune

On further questioning from prosecutors, [ Basham] noted that a handful of those recommendations actually came through Madigan from other legislators, including Emanuel “Chris” Welch, the current House speaker.

Defense attorneys also took the chance to boost Madigan’s image for jurors, eliciting testimony from Basham about his work ethic and values.

“I don’t think anybody works harder than Mike Madigan,” she said.

Jurors also heard evidence Wednesday that from 2019 to 2021, Madigan’s son Andrew earned some $43,000 in commission related to the Resurrection Project, a client of the insurance agency that employed him.

* Capitol News Illinois

Other evidence shown to Basham on Wednesday included handwritten notes Madigan and Basham took while they met with Pritzker on Dec. 4, 2018.

They discussed several major policy initiatives, according to the meeting notes. At the top of their agenda was a graduated income tax, which Pritzker had made a central campaign promise. Madigan helped push a proposed constitutional amendment to allow the tax change through the General Assembly in May 2019. To take effect, though, voters had to approve the amendment in November 2020.

Voters, however, rejected what Pritzker branded as the “Fair Tax” after opposition groups spent millions tying the idea to Madigan. By then, the speaker had been named “Public Official A” in charging documents in July 2020 alleging ex-lobbyists and executives of electric utility Commonwealth Edison bribed the speaker. One of those ex-lobbyists was McClain, who was indicted in the weeks following the November 2020 election and convicted along with his former colleagues last year.

The second item on the notes from the Madigan-Pritzker meeting was a hike in the state’s minimum wage, which Pritzker secured in February 2019, signing a bill gradually increasing minimum hourly pay to $15, which will take final effect on Jan. 1, 2025. It was the new governor’s first major policy win.

Other discussion items from the meeting – including legalizing recreational cannabis, green-lighting sports betting and authorizing a major infrastructure plan – were enacted during Pritzker’s first legislative session in spring 2019.

* Center Square

Basham said there were times when state Rep. Bob Rita, D-Blue Island, was somewhat inactive, and the speaker wanted Rita to be “more robust” in his discussions about gaming legislation.

Prosecutors played a recording of a conversation between Madigan and Basham on March 25, 2019.

“So, would you talk to Rita again and make sure that he understands that he should be an active participant in the discussion?” Madigan asked. […]

Madigan addressed the issue a second time during the same call.

“So, you see, if we just let Zalewski put on a sports betting show, well, then we’re gonna bring on another problem. All the pro-gaming people are gonna say, ‘What’s this all about?’ So, yeah, have a conversation with Rita and make sure he understands that he just can’t sit there like a bump on a log. OK?” Madigan asked.

* Sun-Times

Former Illinois House Speaker Michael J. Madigan’s son made $43,000 in three years after his insurance company landed a Pilsen social service agency as a client, jurors were told Wednesday, in a deal federal prosecutors have linked to Madigan’s alleged racketeering conspiracy. […]

During a follow-up conversation about the board seat on Aug. 2, 2018, Solis promised the speaker “I’m gonna help you.” Michael Madigan replied, “don’t worry about it.”

But moments later, Michael Madigan told him, “there’s one thing you can do.” […]

“Just ask him, ‘Give Andrew something … Give him a chance to show what he, what he can do,’” Michael Madigan said. […]

On Wednesday, prosecutors called Alliant Insurance executive Jennifer Gavelek to the witness stand. She testified that she’d attended a meeting with her colleague, Andrew Madigan, and an executive with The Resurrection Project in October 2019.

  16 Comments      


Open thread

Thursday, Dec 5, 2024 - Posted by Isabel Miller

* What’s going on in your part in Illinois…

(Don’t forget about our LSSI Christmas toys for foster kids fundraiser! Click here to contribute.)

  7 Comments      


Isabel’s morning briefing

Thursday, Dec 5, 2024 - Posted by Isabel Miller

* Our LSSI Christmas toys for foster kids fundraiser reached just over $10,000.

Thank you!

I cannot imagine what it’s like being a foster child, everything these children have known has been turned upside-down and they have no idea if a sense of normalcy in their lives will return.

Luckily we have people that want to help these kids. And a way for everyone to pitch in.

* ICYMI: Illinois organizations decry state’s convoluted process for overdose prevention money. Chicago Reader

In 2022, the last year for which data is available, 3,261 people in Illinois died from opioid overdose–related deaths. That same year, Illinois attorney general Kwame Raoul settled the first of multiple lawsuits against opioid manufacturers, dispensers, and distributors “for their unfair and deceptive practices in the marketing, sale, and distribution of these drugs,” according to the state opioid settlement website. Like the cigarette lawsuits of the 90s, these multistate suits are one attempt to hold large corporations that profited from opioid addiction and death accountable for their role in the crisis. The settlements with drugmakers and pharmacies collectively amount to billions of dollars and are divided between numerous states that were part of the lawsuits. Even so, Illinois is expected to get more than $1.3 billion by 2038. Fifty-five percent of that money will go to the Illinois Opioid Remediation Fund; the remainder is divided between state and local governments.

Most, though not all, decision-making powers for remediation funds are housed within the Illinois Department of Human Services (IDHS) and its Division of Substance Use Prevention and Recovery (SUPR). A governor-appointed steering committee determines if these funds are distributed via intergovernmental agreements, expansion of existing programs, or competitive awards. The steering committee uses Illinois’s Statewide Overdose Action Plan (SOAP) guidelines, which include five priority recommendation categories: social equity, prevention, treatment and recovery, harm reduction, and “justice-involved populations and public safety.” The goal is to reduce overdose deaths and related harms. But the half-dozen harm-reduction leaders, large nonprofit directors, psychiatrists, state lawmakers, and former IDHS workers who spoke to the Reader for this story describe a confusing and burdensome application process, promises of feedback for rejected applicants that are not delivered on, and a lack of transparency around award allocation. […]

Midway through November, the Reader contacted IDHS for an update; spokesperson Daisy Contreras responded that the report would be out by the end of the month, but, on on December 1, I found an annual report that had been posted to IDHS’s website on November 2. I emailed Contreras to confirm whether this was the report she was referring to but, as of press time, have not received an answer.

*** Isabel’s Top Picks ***

* Patch | With Mobile Driver’s License Deadline Looming, No Updates From Illinois Secretary Of State: With less than a month before Illinois’ new mobile driver’s license law is set to take effect, state officials have remained silent on how much progress has been made toward implementing it — or when the public can expect to start using the promised digital IDs. […] Giannoulias’s spokespeople have not responded to repeated requests for information about the program’s status or a timeline for its rollout, and public records requests for records and contracts related to the program remain pending.

* Columbia Journalism Review | Should a Student Reporter Face Prosecution for Embedding with Protesters?: Gohill and his editors thought he’d be treated with some deference. “I was told by my editors, ‘When they [deputies] walk in, step to the side and tell the police you’re press. They’ll let you go,’” he told me. “They said, ‘Once the protesters are out of the building, meet up with Greta outside and follow them in the car and take pictures.’ We never thought this would happen.” His editors couldn’t believe it either. He recalls that one of them told him, “It’s okay, Dilan, they have the right to relocate you, they don’t have the right to arrest you.”

*** Chicago ***

* Tribune | High-stakes school board meeting overshadowed by power struggle with CPS CEO Pedro Martinez: The offer, made over the phone earlier this week, came after Martinez retained attorney William J. Quinlan to represent him in an ongoing power struggle with Mayor Brandon Johnson and the Chicago Teachers Union, which has waged a fierce campaign against the chief executive officer as the union negotiates a new contract with the district. Martinez’s contract limits the district’s ability to fire him without cause and could lead to an expensive lawsuit. So far, Martinez has resisted the buyout offer, sources said.

* WGN | ‘Frustrated’ CTU head on contract talks, getting dragged into city hall scandal: October 19th, Mayor Brandon Johnson sent Davis Gates a text message saying: “Ronnie! Call me. Message from the Elders.” The message refers to Ronnie Reese, the mayor’s former communications director who was fired over allegations including sexual harassment, misogyny and abusive behavior. Reese, like Johnson, used to work for the CTU. […] Davis Gates: “I don’t know what that text message means. If you followed the story you would know that I did not respond to the text message. And what I think people need to also understand is that the mayor and I, we have a relationship that goes beyond work and that there are boundaries to the work that I do here and the work that he does there.

* Sun-Times | City Hall braces for Trump assault on its minority set-aside program: At a City Council budget hearing Wednesday, newly-appointed city Chief Procurement Officer Sharla Roberts was asked what she intends to do to Trump-proof a program that Black alderpersons say is not doing nearly enough to share the wealth with companies owned by African Americans. The city spent $273 million on construction contracts this year, but Black-owned companies got just $18 million, or a 7% share. That’s compared to $52 million, or 19%, for Hispanics and $31 million, or 12%, for Asian Americans.

* WTTW | Potential Settlement Reached in Lawsuit Filed by Family of Dexter Reed Over Fatal Police Shooting: Records: That agreement must be approved by the Chicago City Council by Feb. 10, according to a joint filing from the lawyers representing the city and Reed’s mother, Nicole Banks. The exact amount of the settlement was not immediately clear, but the City Council is only required to approve settlements of more than $100,000. The City Council’s Finance Committee is scheduled to meet on Dec. 10, but it is not clear whether this proposal will be considered for approval.

* Sun-Times | First major cold snap of the season to send wind chills plunging to near 0 degrees: Thursday’s temps in Chicago could feel like 0 degrees when combined with wind chills and as cold as minus 10 in the suburbs. A 77-year-old man died from hypothermia in East Garfield Park, the Cook County medical examiner’s office said. Winds delayed flights at airports.

*** Cook County and Suburbs ***

* Daily Herald | Illinois AG: Police ticketing at Palatine high schools violated law, unjustly applied to minority students: However, the 29-page report signed by Attorney General Kwame Raoul also found the practice had significantly declined at the Palatine-Schaumburg High School District 211 schools since the study began in late spring 2022. “OAG finds reasonable cause to believe that the district engaged in a pattern and practice of directing Palatine police officers to issue tickets to students in violation of state law, and that this practice imposed an unjustified disparate impact on Black and Hispanic students,” the report reads.

* Daily Herald | Bensenville president could make $135,000 a year if village changes form of government: If the ballot measure fails, Bensenville will revert to a president-trustee form of government, where the elected village president runs the town full-time as the executive and administrator. The board also approved an amendment to an ordinance that would increase the pay for the village president if that happens. DeSimone is set to receive a salary of $33,000 in 2025, according to the village.

* Daily Herald | None hurt in fire at Elgin homeless encampment: Residents should avoid State Street between Kimball and Wing streets, as well as the Kimball bridge, police said. Metra said service on its Milwaukee District West line was disrupted for several hours because the fire was close to the tracks near Big Timber Road. It was not immediately clear how the fire started and no suspects were in custody.

* Beacon-News | Aurora City Council to vote on establishing education savings accounts for kindergarten students: There are 128 similar programs in 38 states across the country, serving about five million children, Aurora officials said. This program would be the first in Illinois. “This is still a new idea; we’re doing a pilot program,” said Mayor Richard Irvin, who announced the program earlier this year. “We start small, and get bigger where we can include every child and every family that wants to participate.”

*** Downstate ***

* Herald-Review | A ‘new day’ in Shelby County as ‘more even’ board sworn in, lone bid for county farm withdrawn: It’s a new day in Shelby County. After years of long, heated Shelby County Board meetings that pitted an arch-conservative board majority against a vocal, bipartisan segment of residents on a number of topics impacting the future of the county, the county turned a new page Monday with the swearing in of a new board. And last week, the lone bid for the county’s publicly owned 240-acre farm was withdrawn, effectively ending an effort by the previous board majority to sell the land on constitutional grounds.

* WCIA | City of Decatur passes property tax levy: DECATUR, Ill. (WCIA) — The City of Decatur recently passed a new levy that will increase property taxes. But — City officials said this won’t have as big an impact as you might think. The City Council decided to raise the property tax earlier this week. The 6% increase will only apply to 16% of your total property taxes. The other 84% will not be impacted.

* WSIL | One shelter says they are at full capacity ahead of cold weather: Pastor Kent Jackson with the Family Life Church says their shelter on Sparrow Road in Mount Vernon has been at capacity for the last several days. “So we have a certain level of capacity that we could be at,” Pastor Jackson says. “However for people to just have a warm place to go overnight we’re letting a few extra stay just if that’s needed.” Jackson says they can have up to 28 guests that stay at the shelter 24/7 while they need a place to stay.

* SJ-R | Bridgestone grant provides Springfield Boys & Girls Clubs much-needed passenger van: The van from Bridgestone arrived, said club CEO and executive director Tiffany Mathis Posey, right around the time another new passenger van, made possible by the Boys & Girls Clubs of Springfield Foundation, also docked. The vans had been on Mathis Posey’s wish list, so now two-thirds of the club’s aging fleet is brand new.

*** National ***

* Status News | The Times They Are A-Changin’: Patrick Soon-Shiong is tightening his grip over the Los Angeles Times. […] Nevertheless, journalists at the Times respect that Soon-Shiong is entitled to his own political views. What has concerned them is that he has simultaneously started to exert more influence over the broadsheet’s operations, seeking to marry his worrisome views about the news media with how the newspaper carries out its work.

  22 Comments      


Live coverage

Thursday, Dec 5, 2024 - Posted by Isabel Miller

* Click here to help LSSI bring Holiday joy to children in foster care.

You can click here and here to follow the Madigan trial. Click here and/or here to follow breaking news. It’s the best we can do unless or until Twitter gets its act together.

  Comment      


Selected press releases (Live updates)

Thursday, Dec 5, 2024 - Posted by Isabel Miller

Our LSSI fundraiser is active! So far we’ve raised just over $10,000! Thank you to all those who donated! But there’s so much more Holiday joy to spread, so please give if you’re able.

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