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Multiple dead, more than 30 hospitalized after blowing dust leads to accidents on I-55

Monday, May 1, 2023 - Posted by Isabel Miller

…Adding… Horrible news…


* News Channel 20

I-55 shut down Monday from milepost 63 to 80 due to a large crash involving more than 20 cars.

Police say they started receiving calls reporting the crash around 10:55 a.m. on Monday. […]

Illinois State Police say the crash involved approximately 20 commercial motor vehicles and 40 to 60 passenger cars.

Police say they have reports of more than 30 people being transported to the hospital and multiple fatalities.

The cause of the crash is excessive winds blowing dirt from fields across the highway, creating zero visibility.

Police say two truck-tractor semi-trailers caught on fire as a result of the crashes.

* ISP press release…

UNIT: ISP Troop 8

LOCATION: Interstate 55 near Milepost 76, north of Farmersville, Montgomery County

DATE and TIME: May 1, 2023 at approximately 10:55 a.m.

BRIEF SYNOPSIS: Preliminary information indicates the following occurred: ISP Troops 6 and 8 responded to the above area for multiple crashes with injuries. Interstate 55 is currently shut down in both directions from milepost 63 to milepost 80. Visibility in the area is reported to be low due to blowing dust. Traffic is urged to seek alternate routes.

At 10:55 a.m. there was a crash on northbound Interstate 55 at Milepost 76. At the same time, there were numerous crashes on southbound Interstate 55 at Milepost 76. Approximately 20 commercial motor vehicles and 40 to 60 passenger cars were involved. This includes two truck-tractor semi-trailers that caught fire as a result of the crashes.

At this time, we have reports of more than 30 people being transported to the hospital and multiple fatalities. The cause of the crash is due to excessive winds blowing dirt from farm fields across the highway leading to zero visibility.

This information is still preliminary and the ISP continues to investigate this crash. We will have more information at our next briefing at 4:30 p.m.

…Adding… More from ISP…

Injuries range from minor to life-threatening and ages range from two-years-old to 80-years-old.

Reports show there are six fatalities, all occurring in the northbound lanes. We do not have any additional information on those individuals at this time.

…Adding… Another ISP update…

At this time, 72 vehicles are reported being involved in the crash. A total of 37 people were transported to area hospitals. […]

Reports show there are six fatalities, all occurring in the northbound lanes. At this time, one decedent has been identified as 88-year-old Shirley Harper of Franklin, WI. The Montgomery County Coroner’s Office is working diligently to identify the other five individuals and notify their families.

Northbound and southbound lanes remain closed. Once the interstate is cleared of all vehicles, the Illinois Department of Transportation will have to inspect the roadway before it is re-opened.

* Photos and videos from Twitter…

  19 Comments      


Afternoon roundup

Monday, May 1, 2023 - Posted by Rich Miller

* Some folks who were eligible for Medicaid during the pandemic are no longer eligible because they have jobs again and can get their own insurance. So, judging the success of this effort by raw numbers alone will be difficult. Still, this is a huge test of how well the Pritzker administration can govern…

As the COVID-19 pandemic policy of pausing annual Medicaid renewals for customers comes to an end, the Pritzker administration is committed to protect coverage for eligible Illinois Medicaid customers, as annual eligibility verifications, or redeterminations, resume in Illinois. The first week of May is a critical time, as the first round of customers to go through the resumed renewal process will be receiving time-sensitive redetermination notices in the mail.

In Illinois, there will not be a “coverage cliff,” where everyone loses coverage at one time. Rather, redeterminations will happen on a rolling basis through mid-2024. Everybody’s due date is different, and all Illinois Medicaid customers will have a chance to go through the redetermination process.

“My administration is committed to making this renewal and redetermination process as smooth and efficient as possible, so that every Illinoisan knows the healthcare options that are available to them,” said Governor JB Pritzker. “We’ve been preparing for this moment for many months now, from increasing staffing to our widespread Ready to Renew marketing campaign. And we are collaborating with community health centers, local organizations, and public health partners to deliver resources for Illinois residents that will be most impacted by the restart of the Medicaid redetermination process.” […]

In the month of June, approximately 113,600 cases in Illinois are up for renewal. The Illinois Department of Healthcare and Family Services (HFS), which administers the Illinois Medicaid program, has conducted an ex parte screening on all cases using electronic data sources and known information to determine the customer’s continued eligibility. Thanks to robust preparations and enhanced data connections, HFS was able to automatically renew 51% of Medicaid customers due in June. […]

Customers who do not respond or are no longer eligible lose their Medicaid coverage a month after their due date. Anyone who is no longer eligible for Medicaid coverage will be notified and will receive information about how to enroll in alternative coverage.

* ComEd 4 jury deliberation update from the Tribune

Shortly after resuming talks Monday, the jury sent a note asking the court to “clarify a possible discrepancy with the use of conjunctions and/or” in the indictment and instructions. It was a nearly identical question sent by the jury in the sexual abuse trial last year of R. Kelly, which was also in front of Leinenweber.

“This is precisely the same issue I had with the Kelly case” the judge said. The problem is the indictment is conjunctive, using the word “and” while describing the probable cause for the various elements of the bribery counts, while the instructions use the word “or.”

The judge said he would respond the same way he did in the Kelly case, which is to follow the instructions.

The Kelly jury later acquitted Kelly and his two co-defendants of the conspiracy counts that contained the confusing language.

Defense attorney Patrick Cotter objected on behalf of all ComEd Four defendants, saying “we believe the instructions constitute an improper amendment of the indictment” that lessens the government’s burden of proof.

Leinenweber overruled the objection, but said, “I don’t blame you at all for raising that point.”

* April numbers were up year over year, but the rest of the year was better. WTTW

The number of shootings and homicides in Chicago are each down more than 10% through the first four months of 2023 compared to the same time last year, according to police department data.

There have been 166 homicides recorded in the city year-to-date, according to the Chicago Police Department. That’s fewer than the same time periods in both 2022 and 2021, but higher than the 156 homicides recorded through the end of April in 2020. […]

According to CPD data, vehicular hijackings are down more than 25% this year compared to last, while violent crime on the CTA is down 6% year-to-date.

* Unreal

[Cook County state’s attorney’s office’ chief data officer, Matthew Saniie] told the Tribune that prosecutors get digital files from more than 100 municipalities, many of which use wildly different systems. The county maintains one computer that runs Windows 2000 — a technology more than two decades old — because prosecutors still receive files that can only be played on that operating system, he said.

As we saw at the beginning of the pandemic, local public health departments and hospitals were using fax machines to report their data.

* Full video is here. The lack of bollards causes very real dangers…


* NPR

While the rate at which murders are solved or “cleared” has been declining for decades, it has now dropped to slightly below 50% in 2020 - a new historic low. And several big cities, including Chicago, have seen the number of murder cases resulting in at least one arrest dip into the low to mid-30% range.

“We saw a sharp drop in the national clearance rate in 2020,” says Prof. Philip Cook, a public policy researcher and professor emeritus at Duke University and the University of Chicago Urban Labs who has been studying clearance rates for decades. “It reached close to 50% at that time nationwide, which was the lowest ever recorded by the FBI. And it hasn’t come up that much since then.”

That makes the U.S. among the worst at solving murders in the industrialized world. Germany, for example, consistently clears well over 90% of its murders.

While reasons behind the drop are multi-faceted, Cook and other experts warn that more people getting away with murder in the the U.S. is driving a kind of doom loop of mutual mistrust: low murder clearance rates impede future investigations which in turn potentially drive up killings in some communities where a lack of arrests undermines deterrence and sends a message that the police will not or cannot protect them.

…Adding… People driving back to Springfield today from points south should check ahead

A portion of Interstate 55 is shut down in both directions Monday afternoon after a dust storm caused a “large crash” in south-central Illinois.

Illinois State Police said a crash involving multiple vehicles happened about 11:40 a.m. from milepost 62 to 80 in Montgomery County.

The National Weather Service said on Twitter that visibility in the area was poor after a “combination of newly plowed fields and gusty northwest winds” generated a dust storm.

* Isabel’s roundup…

  11 Comments      


Pritzker says he doesn’t expect major movement on Mayor-elect Johnson’s tax ideas

Monday, May 1, 2023 - Posted by Rich Miller

* WGN-TV Political Report interview with Gov. JB Pritzker

Q: You pushed back on [Mayor-elect Brandon Johnson’s] financial transaction tax, but he’s also looking for state help with the possible real estate transfer tax, changes to the school funding formula. Any negotiation room on those plans?

Pritzker: Well, it’s not something that, obviously, as governor, I’m not the one in the General Assembly, in the committees that are talking about this. But I do not think we’re going to see a lot of movement on the tax front.

But I do think that there are a lot of things that we’re doing at the state level that will be very, very helpful to the new mayor, to the city of Chicago. Always we’ve focused on providing the resources necessary to fight crime, to make sure that they’ve got violence interruption programs that are well funded. We’re providing literally tens of millions more dollars than ever before, each year to help do that. We’ve got to address that issue. That’s certainly one of the top ones and the mayor talks about that as well. And then of course, education funding. We’re increasing education funding, that will help CPS. So there’s a lot that’s coming to the city and we’re going to be as helpful as we can.

Look as Chicago goes, as you know, so goes the economy of the entire state. We need to make sure we’re supporting businesses across the state and job creation and people and working families. But it turns out, as you know, that the majority of the economy of our entire state is in the Chicago area. And so the mayor of Chicago and I and the legislature all need to work together to make sure we’re growing our GDP.

Please pardon all transcription errors.

Thoughts?

…Adding… Yep…


Not to mention the many years that the city refused to allow video gaming and instead allowed gray market sweepstakes machines to establish themselves, even though the machines don’t produce a thin dime of city revenue.

  35 Comments      


*** UPDATED x1 *** Elections have consequences

Monday, May 1, 2023 - Posted by Rich Miller

* The governor, via the Democratic Party of Illinois, supported two candidates for Hinsdale Township High School 86’s board. Only one prevailed, and now the folks who took over the board are up in arms about an upcoming Pritzker visit. Here’s David Giuliani at the Patch

A Hinsdale High School District 86 board member is asking the district to cancel the half-hour assembly at Hinsdale Central High School with Democratic Gov. J.B. Pritzker as the speaker.

In a text to Patch, Board member Jeff Waters said that as a resident, he was “beyond disappointed” that Pritzker had been invited.

“It is inappropriate, completely lacking in precedence, and fails to serve the interest of students,” Waters said. “At the same time, it drives chaos and distraction to a student body needing nothing but calm and concentration.” […]

On Wednesday, the terms for Held and members Kathleen Hirsman and Cynthia Hanson end. Three new board members take office that night, with the new majority expected to be at odds with Superintendent Tammy Prentiss.

At Thursday’s board meeting, incoming member Catherine Greenspon said the assembly runs the risk of violating the school code. She also said it could be a logistics issue, with up to 40 percent of students who don’t agree with the governor opting out.

With Waters and Greenspon opposed, they would need just two more votes to cancel the assembly. In his statement, Waters suggested the board take action to end the event.

*** UPDATE *** From Jordan Abudayyeh…

We declined the invitation because it’s during the last week of session.

So, apparently the school district got ahead of itself when it announced the visit before confirming the governor’s attendance. And now everyone is angry over nothing.

Hilarious.

  28 Comments      


*** UPDATED x1 *** Priorities, please

Monday, May 1, 2023 - Posted by Rich Miller

* Block Club Chicago

Mayor Lori Lightfoot said Texas Gov. Greg Abbott is creating a “humanitarian crisis” as his state prepares to resume bussing migrants to Chicago — when the city already doesn’t have room for them.

Lightfoot sent a letter Sunday to Abbott, saying Chicago officials learned he will resume bussing migrants Monday and calling it a “inhumane and dangerous action” as the city has already reached a “critical tipping point” in its ability to help people. […]

Lightfoot said Abbott is attempting to “cause chaos and score political points” by bussing people to Democrat-led cities in protest of federal immigration policies.

The mayor called upon the federal government to freeze all emergency funding to Texas if it resumes buses to Chicago.

“We simply have no more shelters, spaces or resources to accommodate an increase of individuals at this level, with little coordination or care, that does not pose a risk to them or others,” Lightfoot said in the letter. “To tell them to go to Chicago or to inhumanely bus them here is an inviable and misleading choice.”

It is inhumane. But you can’t on the one hand hold your city (and state) out as a welcoming place for immigrants and on the other hand say “We didn’t mean that many all of a sudden!”

They’re just gonna have to deal with it somehow.

* During the mayoral campaign, Chicago police were sent to O’Hare to sweep out homeless people. But then came last week

About 40 migrants, mostly young women and children, wrapped themselves in blankets and tried to sleep Wednesday morning outside a homelessness center inside O’Hare Airport.

The Venezuelan migrants said they crossed the border into Texas and were offered free flights to Chicago while staying at a shelter in San Antonio. They’re just dozens of the thousands of migrants sent here from Texas since last summer. […]

Upon arriving at O’Hare, the migrants were first directed to Haymarket Center’s O’Hare homelessness outreach program, a nonprofit with an office by the airport’s Blue Line. A Haymarket spokesperson said in recent days they’ve been dealing with a “unique and developing situation,” are unprepared to handle asylum seekers and “doing what they can” to connect them to appropriate social service groups.

The Haymarket Center helps folks deal with substance abuse issues. The group is simply not equipped for this particular task. And it’s taking their staff away from the invaluable services they provide to some of the city’s most vulnerable people.

* And the police aren’t equipped for it, either

There has been a tenfold increase over the past 10 days in daily arrivals of migrants, said Brandie Knazze, commissioner of the Department of Family and Support Services. Migrants — often families with children — are now sheltering in police station lobbies across the city. […]

The city has established 20 shelters since the 108 buses were sent from Texas, Doughtie said. Twelve of them have closed, leaving just eight, he said. […]

But none of this work can be done without appropriate funds at the state and federal levels, said Chicago budget director Susie Park. The total anticipated cost for January through June is $124.8 million, which includes planning for the current surge to reach a peak of 4,700 new arrivals per day, Park said.

Leveraging state and city funding and anticipated funding from the Federal Emergency Management Agency still leaves a shortfall of about $53 million to meet needs through June 30 alone, she said.

* Yet, when politicians want the federal government to pay for security at and around their quadrennial party conventions, they act fast to protect the host cities from fiscal pressures

The city of Chicago is obliged to provide “at no cost” to the Democratic National Convention Committee “police, fire, security, bomb disposal, emergency and rescue service and all other goods or services related to security” according to the contract, obtained by the Sun-Times. […]

The Democratic and Republican presidential conventions are each routinely designated as a National Special Security Event. That opens the door to substantial federal funding. Presidential inaugurations have the same designation, as did the 2012 NATO Summit in Chicago.

Since 2004, host cities receive $50 million in federal funds to help pay security costs. Congress is being asked to boost this to $75 million each for Chicago and Milwaukee.

Quigley, D-Ill., is a member of the House Appropriations Committee and the Illinois lead in asking Congress for more cash. In a letter to House and Senate appropriations leaders, he wrote that “the City of Chicago anticipates the current federal funding of $50 million will not be adequate” for the 2024 convention, “due to inflation, potential supply chain issues, increased public safety personnel and equipment needs and increased insurance costs because of potential security threats.” […]

The contract outlines some of the special security needs: for police escorts to deliver credentials to state delegations and media at their hotels and lots of extra security at convention hotels and convention offices and all kinds of screening equipment for weapons and bombs at convention venues.

They’re gonna use cops to deliver delegate credentials? Are you freaking kidding me?

Also from that contract

The city will expedite all permits and other permissions needed to build out the convention

Chicago is notorious for over-permitting. One can’t help but wonder if that’s a problem with the migrant housing situation as well.

* Like the convention, the city and state simply cannot afford to handle this migrant influx on their own (and, for that matter, neither can Texas). US Rep. Quigley and others need to put at least the same effort into dealing with this problem as they are to ensure delegates’ credentials arrive safely at their heavily guarded hotels.

*** UPDATE *** Gov. Pritzker was asked about this today. A couple of his responses

Just to be clear with everybody, we’ve already provided about 150 million of state dollars and services to serve those asylum seekers that are coming to Illinois. That’s since August and continues on today. In January, we passed an additional supplemental appropriation that included money for the city of Chicago and for other agencies, about $90 million, again, to make sure that we were providing the services necessary. […]

But it is true, and the current mayor said it, that our resources are stretched. And we’ve gone to the federal government. I’ve spoken directly with the President, with the chief of staff, with the Director of Intergovernmental Affairs and others, and they are helping to push the money from FEMA out the door to states, but it isn’t enough. […]

We believe, we hope, we’ve heard that perhaps we’re going to receive some of that [federal] money this week, or next week. And we’re hopeful of that, but who knows. Meanwhile, my job is to balance the budget of the state of Illinois and take care of the people that are here in our state, all of our residents.

Translation: Take it up with Joe.

  30 Comments      


*** UPDATED x1 *** Full Danville City Council votes Tuesday on ordinance to outlaw abortion medication, instruments

Monday, May 1, 2023 - Posted by Isabel Miller

* Background is here if you need it. Chicago Tribune

On Tuesday, the Danville City Council is scheduled to vote on the ordinance, which is titled “requiring compliance with federal abortion laws.” It’s unclear how the local ordinance, which directly conflicts with Illinois law, could be legally enforced in this rural city of about 30,000 people located roughly three hours south of downtown Chicago.

Danville Mayor Rickey Williams Jr. said the proposed ordinance invokes the Comstock Act, an 1873 federal law that barred the mailing of contraception, “lewd” writing and every “article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion.”

The 19th Century law has been largely considered moot for nearly 50 years, while the 1973 landmark Supreme Court case Roe v. Wade guaranteed the right to an abortion nationwide. But the Comstock Act has been in the spotlight since the high court overturned Roe in June, leaving the matter of abortion rights to be decided by individual states.

“The difficulty here in my opinion is we have state laws and statutes that contradict federal law, specifically the Comstock Act,” Williams said. “We made an oath to uphold the laws of the state of Illinois and the United States, so what do we … do when they contradict one another?”

* The ACLU Illinois argues the Comstock Act is not applicable in Illinois

The ordinance references the federal Comstock Act, which is a century-and-a-half old federal law that purports to prohibit the sending of abortion-inducing drugs and supplies by mail or common carrier. The ordinance’s attempted reliance on this law is misplaced and misguided.

As the federal Department of Justice has explained, there is over a century of judicial, congressional, and administrative understanding that the Comstock Act’s reach is “narrower than a literal reading might suggest.” Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions, 46. Op. O.L.C. __ (Dec. 23, 2022) at 5. The Comstock Act does not apply where the sender did not intend the materials to be used unlawfully. Id. at 1, 5-11. It is thus impossible for the mailing of abortion-inducing drugs or supplies to violate the Comstock Act in Illinois as abortion care is lawful and affirmatively protected by law throughout the state.

Furthermore, regardless of the meaning or scope of the Comstock Act, this ordinance exceeds Danville’s authority under state law and is preempted by the RHA

* Illinois Newsroom

“Proposing an unenforceable ordinance is a political maneuver that causes confusion and that harms people seeking care,” Chaundre White, a lawyer with the ACLU of Illinois, said.

Abortion rights advocates are organizing a protest at the Danville City Council meeting on Tuesday where the council could vote on the ordinance. […]

Many residents said they supported the measure because they want to prevent a proposed abortion clinic from opening in Danville.

“It’s not like the passage of this ordinance prevents women from choosing to pursue their rights in very near locations, unfortunately,” said Josh Hayes, a speaker at the meeting. “But I think it’s an opportunity for us to say this is against federal law and not in our community.”

* WCIA reported on last week’s City Council committee meeting

Mayor Rickey Williams Jr. explained that anyone shipping or receiving abortion pills or abortion-related supplies would be subject to fines of $1,500 per offense. There was discussion over an abortion clinic that may open up in Danville soon. Williams acknowledged that while he doesn’t think the ordinance would stop the clinic from opening, he said it could provide a means by which they couldn’t perform abortions.

Alderman Tricia Teague noted internal counsel estimates that if litigation was brought against the city, it could cost up to $1 million to defend, or more if it goes all the way to the U.S. Supreme Court. […]

Ultimately, the committee voted 3-1 to recommend the ordinance be considered by the full City Council – the first step toward an outcome many who described themselves as pro-life during public comment are hoping for. That same group of speakers called providing abortions a “grisly business” that doesn’t belong in their city, while the other side says it’s necessary health care – telling the government to stay out of the doctor’s office.

Also during the meeting, Williams mentioned receiving a letter from a lawyer who offered to represent the city if it is met with litigation over the proposed ordinance. WCIA reached out to attorney Anthony Mitchell, who said via email: “Yes, I have offered to represent the city at no charge to the city or its taxpayers in any litigation arising out of the ordinance.”

* Smile Politely

You can read the full language of the ordinance here, beginning on page 123.

The full vote will happen during the Danville City Council meeting on Tuesday, May 2nd, at 6 p.m., at 17 W Main Street, in case you’d like to voice opposition to this action.

It should be noted that Danville currently has a crisis pregnancy center, the Women’s Care Clinic, with a website brimming with misleading information about abortion.

* From the proposal

C) Except as provided by subsection (D), it shall be unlawful for any person to engage in conduct that aids or abets the violations of 18 U.S.C. § 1461 or 18 U.S.C. § 1462 described in subsection (A).

(D) This section shall not apply to any conduct taken by a hospital, or by any employees, agents, or contractors of a hospital, that is necessary to ensure that a licensed physician is prepared to perform an abortion in response to a medical emergency.

(E) No provision of this section may be construed to prohibit any conduct protected by the First Amendment of the U.S. Constitution, as made applicable to state and local governments through the Supreme Court’s interpretation of the Fourteenth Amendment, or by article 1, section 4 of the Illinois Constitution.

(F) Under no circumstance may the mother of the unborn child that has been aborted, or the pregnant woman who seeks to abort her unborn child, be subject to prosecution or penalty under this section.

(G) Any person found guilty of violating any provision of this section shall be fined $1,500 for each offense. In addition to any fine imposed under this chapter, the offender shall be ordered to pay all of the costs and fees incurred by the City in prosecuting the violation, which shall include but not be limited to the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney’s fees.

*** UPDATE *** AG Raoul…

Illinois Attorney General Kwame Raoul issued the following statement after sending a letter to the mayor of Danville, Illinois regarding a proposed city ordinance that, if enacted, would violate state law.

“Today, I sent a letter to the mayor of Danville urging the city to reject a proposed ordinance that would violate the Illinois Reproductive Health Act by purporting to ban or severely limit access to abortion care in the city of Danville.

“The Reproductive Health Act enshrines the fundamental rights of individuals to make autonomous decisions about their reproductive health. The act clearly states that units of local government cannot limit abortion rights, and Danville has no authority under Illinois law to enact a municipal abortion ban.

“The ordinance proposed in Danville violates state law. I am calling upon the city’s elected officials to refrain from passing or attempting to enforce this unlawful ordinance and avoid exposing the city and taxpayers to unnecessary and potentially costly legal liability.

“Illinois law could not be clearer. Our state is a proud safe haven for access to reproductive health care that respects bodily autonomy and fundamental rights. I will continue to stand up for the rights of everyone in Illinois to access reproductive health care, and my office stands ready to take appropriate action to uphold Illinois law.”

* More…

    * Scientific American | This 19th-Century Obscenity Law Is Still Restricting People’s Reproductive Rights: The law forbids the sending of obscene materials through the mail. Comstock was enforcing the law by ordering thousands of items through the mail, from contraceptives and sex toys to erotic images and abortifacients [substances that end a pregnancy]. Then, after receiving the items, he would prosecute the people sending them. He was targeting people who were known to be selling the raw material but also, more importantly, people who were selling any kind of information that was education-related, not obscene—literally things like “Here’s how to make a baby” and also information about birth control and abortion.

    * WBBM | ACLU could sue city of Danville over abortion clinic ordinance: “You won’t know until the finality, which could go beyond potentially to the Supreme Court level,” said Alderman Ethan Burt. “My response to that would be are we willing to donate a million dollars to find out? Is it worth a million dollars to find out?” Alderwoman Tricia Teague asked.

    * Fox Illinois | Danville committee recommends ordinance restricting abortion to city council :“Illinois law is very clear that Danville does not have the authority to do this. In 2019, the Illinois General Assembly passed the Illinois Reproductive Health Act, which ensures that abortion remains legal in the state of Illinois, that law applies to municipalities like Danville,” explained Ameri Klafeta, director of Women’s and Reproductive Rights Project with ACLU Illinois.

  22 Comments      


*** UPDATED x1 *** Southern District federal judge enjoins state from enforcing assault weapons ban law

Friday, Apr 28, 2023 - Posted by Rich Miller

* I’m assuming this will be immediately appealed since ten days ago the 7th Circuit US Court of Appeals denied an injunction pending appeal of a case that went the opposite way up north. From Southern District Court Judge Stephen McGlynn

(C)an [the Illinois Protect Illinois Communities Act] be harmonized with the Second Amendment of the United States Constitution and with Bruen? That is the issue before this Court. The simple answer at this stage in the proceedings is “likely no.” The Supreme Court in Bruen and Heller held that citizens have a constitutional right to own and possess firearms and may use them for self-defense. PICA seems to be written in spite of the clear directives in Bruen and Heller, not in conformity with them. Whether well-intentioned, brilliant, or arrogant, no state may enact a law that denies its citizens rights that the Constitution guarantees them. Even legislation that may enjoy the support of a majority of its citizens must fail if it violates the constitutional rights of fellow citizens. For the reasons fully set out below, the overly broad reach of PICA commands that the injunctive relief requested by Plaintiffs be granted. […]

Assuming arguendo that there is no presumption of harm for an alleged violation of the Second Amendment, Plaintiffs still satisfy this element. For example, Barnett and Norman are no longer able to purchase any firearm, attachment, device, magazine, or other item banned by PICA, while Hoods and Pro Gun are now prohibited from selling said any item banned by PICA. These harms are irreparable and in direct violation of the Second Amendment right to bear arms in self-defense. There is no question that the right to armed self-defense is limited by PICA, and in some cases, may be prohibited altogether. It is true that not all items are banned under PICA; however, if a lawful citizen only possesses items that are banned under PICA, he or she would have to purchase a non-banned firearm in order to legally defend oneself under the Second Amendment. […]

Although Defendants challenged the veracity of Plaintiffs’ evidence, they were unable to produce evidence showing that modern sporting rifles are both dangerous and unusual. Consequently, Defendants failed to meet their burden to demonstrate that the “arms” banned by PICA are “dangerous and unusual” and thus not protected by the Second Amendment. See Bruen, 142 S. Ct. at 2128 (emphasis added). […]

Plaintiffs have satisfied their burden for a preliminary injunction. They have shown irreparable harm with no adequate remedy at law, a reasonable likelihood of success on the merits, that the public interest is in favor of the relief, and the balance of harm weighs in their favor. Therefore, the Plaintiffs’ motions for preliminary injunction are GRANTED. Defendants are ENJOINED from enforcing Illinois statutes 720 ILCS 5/24-1.9(b) and (c), and 720 ILCS 5/24-1.10, along with the PICA amended provisions set forth in 735 ILCS 5/24-1(a), including subparagraphs (11), (14), (15), and (16), statewide during the pendency of this litigation until the Court can address the merits.

The Court recognizes that the issues with which it is confronted are highly contentious and provoke strong emotions. Again, the Court’s ruling today is not a final resolution of the merits of the cases. Nothing in this order prevents the State from confronting firearm-related violence. There is a wide array of civil and criminal laws that permit the commitment and prosecution of those who use or may use firearms to commit crimes. Law enforcement and prosecutors should take their obligations to enforce these laws seriously. Families and the public at large should report concerning behavior. Judges should exercise their prudent judgment in committing individuals that pose a threat to the public and imposing sentences that punish, not just lightly inconvenience, those guilty of firearm-related crimes.

Stay tuned for react.

…Adding… Speaking of the Bevis case

A Naperville gun shop owner is asking the U.S. Supreme Court to block Illinois’ assault weapon ban while he fights the law in federal court.

Robert Bevis is seeking an emergency junction, one week after a federal appeals court in Chicago turned down his request.

“This is an exceedingly simple case,” Bevis argues in his appeal, filed on Wednesday. “The Second Amendment protects arms that are commonly possessed by law-abiding citizens for lawful purposes, especially self-defense in the home.”

…Adding… Press release…

State Rep. Bob Morgan (D-Deerfield), the chief sponsor of the Protect Illinois Communities Act (“HB5471”), responded to the decision from U.S. District Judge Stephen McGlynn of the Southern District of Illinois in East St. Louis, after McGlynn issued an injunction against the Illinois assault weapons ban that was signed into law on January 10, 2023. The decision comes after U.S. District Judge Lindsay Jenkins, and U.S. District Judge Virginia M. Kendall, both out of the Northern District of Illinois, separately rejected similar requests for an injunction.

“This news is disappointing, but we remain encouraged as we’ve already had two federal judges in Illinois refuse to block the law,” said Rep. Morgan. “Since its enactment, this law has already prevented the sales of thousands of assault weapons and high capacity magazines in Illinois, making Illinois communities safer for families. This is necessary and life-saving legislation, and we feel confident we will ultimately prevail in a higher court.”

This conflict in rulings will now move the issue to the 7th Circuit U.S. Court of Appeals. This injunction does not impact the prohibition on rapid-fire devices, the interstate firearm trafficking strike force, or extension of the duration of a firearm restraining order established under HB5471.

Rep. Morgan serves as Chair of the Illinois House Firearm Safety Reform Working Group. He has seen firsthand the devastating effects that gun violence can have on a community. Highland Park, IL is a part of his 58th District, and he was present at the tragic Fourth of July mass shooting in 2022 during which 83 rounds were fired in less than 60 seconds, killing seven and injuring 48 people.

* G-PAC…

Today, the Gun Violence Prevention PAC (G-PAC) released the following statement from John Schmidt, a former U.S. Associate Attorney General and member of the Executive Board of G-PAC, in response to Southern District Court Judge Stephen McGlynn’s decision to enjoin the state from enforcing the Illinois’ assault weapons ban.

“Given comments he made from the bench at the hearing in East St. Louis on April 12, Judge McGlynn’s decision to rule against the Illinois ban on assault weapons and high capacity magazines is not surprising. But it is still disappointing. It is directly contrary to the prior decisions of two Chicago federal judges, Judge Virginia Kendall and Judge Lindsay Jenkins, both of whom found the new statute “constitutionally sound” and declined relief. We believe Judges Kendall and Judge Jenkins are right, and Judge McGlynn is wrong.

“Judge Kendall’s decision is already on appeal to the Seventh Circuit Court of Appeals, and that Court also declined to grant any immediate relief. We have confidence that the Attorney General representing the State of Illinois will take all possible actions to try to assure that the statute continues to remain in effect while litigation proceeds.”

*** UPDATE *** Attorney General Raoul has filed a motion with the Southern District to stay the preliminary injunction pending appeal…

The Court’s Preliminary Injunction Order is inconsistent with two prior rulings from two different judges in the Northern District of Illinois rejecting requests to preliminarily enjoin the Act on materially indistinguishable Second Amendment claims. See Bevis v. Naperville, No. 22- cv-4775, Dkt. 63, 2023 WL 2077392 (N.D. Ill. Feb. 17, 2023); Herrera v. Raoul, No. 23-cv-532, Dkt. 75, 2023 WL 3074799 (N.D. Ill. April 26, 2023). The Court’s Preliminary Injunction Order neither mentions nor analyzes why those two rulings on the same Act and the same type of Second Amendment claims were erroneous. They were not. The Seventh Circuit has also had the opportunity to enjoin the Act while considering the Bevis appeal, and it denied that request on April 18, 2023. Bevis v. Naperville, No. 23-1353, Dkt. 51 (7th Cir.) (denying motion for injunction pending appeal).

In order to avoid inconsistency and confusion—particularly given that refusing to stay the Preliminary Injunction Order would have the practical effect of overriding the Seventh Circuit’s contrary order in Bevis—this Court should stay its Preliminary Injunction Order while the Seventh Circuit considers the merits of the State Defendants’ interlocutory appeal. Furthermore, the Court should stay its Preliminary Injunction Order because: the Act does not violate the Second Amendment and Plaintiffs’ Second Amendment claims will ultimately fail on the merits; enjoining the Act inflicts irreparable harm on the public by allowing the weapons preferred by mass murderers to continue to proliferate; and the public interest favors allowing the Act’s restrictions on assault weapons and large capacity magazines to remain in effect.

I doubt it’ll work, but there you go.

  26 Comments      


Nearly 2,700 applications filed for 55 dispensary licenses; Higher ed and cannabis; Strike at three dispensaries; Jim Belushi buys Illinois grow facility

Friday, Apr 28, 2023 - Posted by Rich Miller

* Press release…

The Illinois Department of Financial and Professional Regulation (”IDFPR”) announced today it received 2,693 applications for the upcoming Social Equity Criteria Lottery (”SECL”). This lottery will distribute the next round of 55 conditional adult use cannabis dispensary licenses across the 17 Bureau of Labor Statistics (BLS) Regions. The list of applicants participating in the SECL may be found on IDFPR’s website here. Applicants are encouraged to review the list and confirm that they have been properly listed for any BLS Region in which they applied. The SECL will be conducted by IDFPR with the Illinois Lottery in early- to mid-May. The date will be announced by IDFPR as soon as possible.

“Our simplified online application process increased the accessibility for individuals of all backgrounds and from all over Illinois to have the opportunity to write the next chapter of the most equitable cannabis industry in the country,” said IDFPR Secretary Mario Treto, Jr. “As part of the Pritzker Administration, we are committed to ensuring Illinois’ cannabis industry continues to set the gold standard for social equity and that it continues to flourish to create additional resources for communities and individuals across the state.” […]

Following the lottery, each applicant selected will have 45 calendar days to prove certain social equity eligibility criteria in order to receive a conditional license. […]

IDFPR will have at least 60 calendar days after the lottery to ensure the 55 applicants selected in the lottery meet the criteria detailed above. Applicants selected in the lottery will be provided an opportunity to provide supplemental information to satisfy these criteria if needed. If an applicant selected in the lottery does not provide the supplemental information, the conditional license will be offered to the next applicant drawn in that BLS Region, who must then meet the social equity eligibility criteria.

* More from Green Market Report

That’s almost three times the number of applicants that competed for the 185 licenses that were up for grabs in lotteries held two years ago. […]

Under the new rules, gone are the lengthy applications that required extensive business plans, covering everything from security to operations, which ran thousands of pages and cost many applicants thousands of dollars to complete. The cost to submit an application also dropped from $2,500 to $250.

Perhaps the biggest change is allowing only one application per applicant, leveling the playing field and increasing the number of people or groups who would receive licenses. In the previous lotteries, 937 applicants who submitted 4,000 applications competed for 185 licenses. Under the new criteria, about 2,700 applicants will compete for 55 licenses. […]

Only applicants who win a lottery pick to receive a license will then have to prove they meet the criteria. One of the complaints about the prior process was that applicants spent thousands of dollars to apply and meet the standards for ownership only to lose out on the luck of the draw.

* WBEZ has a story on higher education and the cannabis industry

Ascend Wellness Holdings, a multi-state operator with a large grow facility in Barry, Ill., works with Western Illinois University in Macomb. […]

People have a lot of class choices in the Western program. Horticulture 357, Cannabis Production, is one of three core classes students have to take. But they can also choose from electives such as hydroponic plant production and crop biotechnology.

The production minor also requires a three-hour practicum, where students volunteer at facilities like those at Ascend or Nature’s Grace. Hennings said the idea is to integrate students into an actual operation as they’re getting ready to graduate with the skills the cannabis industry wants.

* Scabby the Rat also made a picket-line appearance

As workers at three local marijuana dispensaries, including two in Joliet, continue to strike, the employees have gotten support from an Illinois state senator who says the workers deserve a share of the more than $ 1 billion in pot profits they are helping to produce.

Sen. Rachel Ventura (D-Joliet) said that pot sales in Illinois generated $1.5 billion in 2022 and that employees at RISE dispensaries who went on strike last week over the lack of a fair contract should benefit from those profits.

In Fiscal Year 2022, Ventura said that Illinois cannabis sales generated $466.8 million in state taxes on the $1.5 billion in sales. Illinois total dispensary sales reached over three billion in total over the last three years, she said.

Workers at the dispensaries in Joliet and Niles went on strike last week after months of negotiating for a fair contract and are seeking better wages and retirement benefits, representatives from Local Teamsters 777 said. The last straw came, union officials said, when employees were forced to remove pins they were wearing calling for a fair contract by officials from Green Thumb Industries, which runs the dispensaries.

More

“This is the first cannabis strike in the country,” James Glimco, president of Lyons-based Teamsters Local 777, said Wednesday as he joined striking workers at the Rise dispensary near the Louis Joliet Mall.

Workers are seeking a contract agreement with higher wages, improved retirement benefits, and better access to health insurance.

Starting hourly wage at the dispensaries is $16.50, and the union wants to raise it to $19. […]

But there have been no contract negotiations since the strike started, he said.

“They’re playing hardball,” Glimco said. “I hear they’re advertising trying to hire people.”

Here’s Scabby

…Adding… Excerpt from Rep. Larry Walsh’s statement

The owners and operators of the RISE Dispensaries last year reported more than $1 Billion in revenue last year and a 14% growth in profits. Those profits were made due to the efforts of these workers. I fully support and stand in solidarity with their incredibly brave decision to fight for better wages and benefits. […]

It doesn’t matter if you are a machinist, carpenter, teacher, plumber, or a dispensary employee. If you work here in Illinois you deserve a fair day’s wage for a fair day’s work. That is what this country was built on and union organization, negotiation, and, as a last resort, strikes are what will continue to support and revitalize the middle class in these difficult post-pandemic times.

* And the latest episode in the series “Growing Belushi” has a Shelbyville angle

Chris sells Jim on buying a “turnkey facility” in Illinois, but the operation turns out to be growing bunk weed and will need a complete overhaul.

From from Redditt

The episode went into great detail about the tons of improvements they put into the center, including a radiation remediation machine that costs a cool $400k! They also upgraded lights, HVAC, Vertification and better waste water management.

LA Weekly

We asked Belushi what going national meant to him. Was it licensing intellectual property? Setting up gardens in other states?

“Lot of it is licensing. But vetting out the growers and the companies,” Belushi explained. “We got a great opportunity and Shelbyville, Illinois, taking over indoor grow that was a charity grow, all the profits go to charity. And we are taking that over and actually kind of doing like a Bar Rescue of like going into this girl upgrading everything and it becomes a Belushi Farms in Illinois. So we’re going to be growing in Illinois. We’re growing in Oregon and we’re licensing other places, other states, and possibly growing in Albania.”

From the show…


…Adding… I’m told by an expert in the field that Belushi was exaggerating about Illinois law. “Some failures are immediate destruction, other test failures can be remediated. The testing rules outline the options.”

  12 Comments      


Better management, please

Friday, Apr 28, 2023 - Posted by Rich Miller

* Northwestern University political scientist Wesley G. Skogan’s new book Stop & Frisk and the Politics of Crime in Chicago is the subject of his WBEZ interview

Q: These traffic stops became the Police Department’s main way of seizing illegal guns. Block Club Chicago and Injustice Watch have found that, since 2015, CPD has carried out 4.5 million traffic stops. In 2021, the most successful year for seizing weapons during those stops, the police made 156 traffic stops for every gun arrest. What are the effects of making so many stops for one gun arrest?

Skogan: One of the consequences of this enormous number of unwarranted stops — stops of innocent people — is that they come away with a very sour taste in their mouth. What they discover is that police officers don’t want to listen to what they have to say and the officers push them around and shout at them, even though they find nothing. What the people walk away with is a very bad experience, which undermines their trust in police and undermines the legitimacy of the police in Chicago.

And that has consequences. The Chicago Police Department’s real problem, starting in the early 2010s, was the collapse of its ability to solve shootings and homicides. The number of those crimes for which they recover a gun, find a suspect, make an arrest, make what’s called a crime clearance — it began to plummet. It’s now extraordinarily low. And that limits the capacity of investigators — the detectives — to do much about crime. And because no one has been arrested, that leads many community members to conclude that the police aren’t trying hard, that they’re not paying attention to the lives of people like them, that they are not being protected.

* Skogan’s advice to the incoming mayor

The arrival of a new mayor and police superintendent is an opportunity for some new thinking about policy. We know a lot about things that will reduce crime in the streets. Chicago has already started to mount a pretty effective campaign using violence interrupters and related community organizations that provide services and support for young men who are in trouble. More of that is always welcome.

We also know that a focused deterrence strategy — which drops the idea of stopping hundreds of people to deter one little crime and focuses instead on a very small network of high-risk, high-offending people — is a much more effective way to get more bang for your stops and more bang for your investigations. So, the incoming mayor should focus on this detective-oriented police work.

Efforts to rebuild Chicago’s Black community are also really important. That community has been getting poorer and more isolated over time. Some dramatic action to try to bring Black Chicago back into the mainstream of city economic life is absolutely important.

The Center Square, meanwhile, posted an opposing view written by a communications intern at The Heartland Institute. So helpful.

* Speaking of the police

As a newly formed commission launches a nationwide search for the Chicago’s next top cop, campaigns endorsing current and former Chicago police officials for the job are already impacting the process and raising some alarms.

The first-of-its-kind search by the Community Commission for Public Safety and Accountability has so far centered on three public meetings that have elicited seemingly coordinated efforts to raise the profile of certain police supervisors, including at least two who are also being pushed in online campaigns.

Anthony Driver Jr., the commission’s interim president, said those efforts are complicating the search, which relies on getting independent input from residents. […]

“We’re looking for the person to do the job, so community members’ voices are very important and their voice will be at the forefront,” he added. “But if somebody has 5,000 supporters and another person has 20 [and] the person with 20 seems way more qualified, then that’ll create an issue.”

One of the candidates even appeared in a campaign-style video. But, is it really all that unhealthy when members of the public speak up for their local commanders? We’ve seen plenty of mediocre (and worse) people chosen by “experts.” Then again, I can most definitely see where this could really get out of hand. Your thoughts?

…Adding… From David Axelrod’s interview of Brandon Johnson on what he’s looking for at
CPD

Right now, we have supervisors who supervise the supervisors, you have police officers that will have a different supervisor, sometimes three to four in one week. Now granted, they all might be part of a cadre of law enforcement but you know, every supervisor brings a different element. Right? And so having some consistency around supervision is really important, and having a superintendent who understands what it means to be compassionate, collaborative, and someone who was competent. That’s what what I’m going to look for, and that’s what we’re going to find to serve as superintendent in the city of Chicago. I’m very confident that we’re going to find someone that gives confidence to the rank and file but also understands constitutional policing.

…Adding… Final results map…


* Isabel has some Chicago-related stories in her morning briefing, but she rounded up some more for this post…

  16 Comments      


*** UPDATED x1 *** ComEd Four jurors deliberated third day without reaching a verdict

Friday, Apr 28, 2023 - Posted by Rich Miller

* Tribune

A federal jury deliberated for a third day Thursday without reaching a verdict in the “ComEd Four” trial alleging a group of executives and lobbyists conspired to bribe then-House Speaker Michael Madigan to win his influence over the utility’s legislative agenda in Springfield.

So far, the panel of seven women and five men has deliberated for about 15 hours over three days. They will take Friday off, as has been the schedule throughout the seven-week trial, and resume discussions Monday morning.

The only communication from the jury Thursday came in the form of three notes asking for transcripts of the recorded phone calls and meetings at the center of the case. The jurors also sent a note asking how much Juan Ochoa was paid while on the ComEd board.

Ochoa testified it was about $80,000, but U.S. District Judge Harry Leinenweber responded that they should rely on their collective memories.

* One of the transcripts jurors requested…


That was the much-anticipated meeting when ComEd CEO Joe Dominguez was finally briefed about the Madigan subcontractors by Mike McCain and Fidel Marquez. McCain and other defendants were worried that Dominguez, a former Assistant US Attorney, wouldn’t approve of the scheme. But Dominguez said he was “fine” with it, although he was under the impression that the subcontractors could be deployed by the company in a pinch. Dominguez was never charged, but things did get a little rough for him on the stand

Dominguez grew annoyed with Bhachu’s line of questioning and accused the prosecutor of taking his words out of context.

“As you full well know, I went on to tell Mr. Marquez that ‘Everything we do here needs to be on the up and up,’” Dominguez said.

Dominguez then attempted to tell the court what Bhachu allegedly told him during that September 2019 proffer meeting, but Bhachu quickly cut him off.

“If you’re going to start talking about what I said, you might want to not do that because it might not work out well for you,” Bhachu said before telling Judge Leinenweber that Dominguez was out of line in bringing up their conversation. “What I said is inadmissible.”

The dust-up elicited accusations from the defense attorneys that Bhachu was threatening a witness.

* But was the jurors’ request significant? Maybe not…


The jurors also asked for “at least two transcript binders.” As the Tribune’s Jason Meisner quipped, “It’s fairly clear from this question that we should not be on the edge of our seats for a verdict today.”

Jurors return Monday.

*** UPDATE *** Crain’s

What about other executives at ComEd and parent Exelon who not only knew of parts of the alleged scheme and did nothing to stop it, but also signed off on key elements?

As part of his final address to jurors, lead prosecutor Amarjeet Bhachu provided an answer: No one at the utility or its parent, except Pramaggiore, had the full view of the pile of favors being done for Madigan. […]

In a slide shown to jurors as Bhachu discussed the issue, the names of the three were shown with this comment: “1. ‘The question is whether the defendants had corrupt intent — not someone else.’ ”

“None of those folks had the full picture,” Bhachu said.

  20 Comments      


Protected: SUBSCRIBERS ONLY - Supplement to today’s edition

Friday, Apr 28, 2023 - Posted by Rich Miller

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Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Friday, Apr 28, 2023 - Posted by Rich Miller

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« NEWER POSTS PREVIOUS POSTS »
* Selected react to budget reconciliation bill passage (Updated x3)
* Reader comments closed for Independence Day
* SUBSCRIBERS ONLY - Some fiscal news
* Isabel’s afternoon roundup (Updated)
* RETAIL: Strengthening Communities Across Illinois
* Groups warn about plan that doesn't appear to be in the works
* SB 328: Separating Lies From Truth
* Campaign news: Big Raja money; Benton over-shares; Rashid's large cash pile; Jeffries to speak at IDCCA brunch
* Rep. Hoan Huynh jumps into packed race for Schakowsky’s seat (Updated)
* Roundup: Pritzker taps Christian Mitchell for LG
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today’s edition (Updated)
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Selected press releases (Live updates)
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* Trump admin freezes $240 million in grants for Illinois K-12 schools
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