* Just a warning that I may have missed some stuff because there’s a lot to this so click here and post whatever you find in comments and I’ll update as necessary…
NOW COMES, Plaintiffs, individually, and on behalf of their minor children (hereinafter the minor children shall be collectively referred to as the “Students”) by and through their attorneys Thomas G. DeVore, Jeffrey A. Mollet and Erik D. Hyam, and the Silver Lake Group, Ltd., and for their Verified Complaint for Declaratory Judgment and Injunctive Relief against Defendants […]
Each of the Plaintiffs (other than North Mac Community School District #34 Parents which were already certified as a class), seek to represent a class of other parents or legal guardians who also have children who attend school within their respective School Districts. […]
Whether Students can be required to wear a mask while on the property of the School Districts, or be excluded from school and denied in-person learning without a lawful order of quarantine from the local health department having jurisdiction over such matters as to each particular School District, are two common questions to all putative class plaintiffs within each of the School Districts. […]
As a part of the School Districts’ back-to-school plans, all the Students are being mandated by the School Districts to wear a mask while on school property.
At all times relevant, the Students are involuntarily wearing masks while on the School Districts’ premises.
The Plaintiffs’ minor children will be excluded from the premises of their respective School Districts if he/she refuses to wear a mask.
In alleged conformity with the directives of Pritzker, IDPH and ISBE, the School Districts have adopted a policy which, without having obtained consent of a parent or legal guardian, or having obtained a lawful order of quarantine issued by the court on behalf of a local health department, will exclude the Students from the School Districts’ premises if a Student is deemed to have been in alleged close contact to a positive COVID person.
At all times relevant, the Students are not currently positive for COVID.
At all times relevant, the Students are not exhibiting symptoms consistent with COVID.
All of the School Districts have implemented and are illegally enforcing the exclusion directives issued by Pritzker, IDPH and ISBE.
As such, all of the School Districts are currently engaging in the policy of excluding Students from their premises based upon a close contact determination which does not include consent of a parent, or a lawful order of quarantine having issued against the Students by the certified local health department or IDPH.
The lawsuit quotes a Fox News segment that we debunked here. And it makes this claim…
The COVID-19 virus has been in existence for over 1 1⁄2 years, and as such the existence of this infectious disease could never be a sufficient basis for which to invoke the emergency rulemaking power of the Illinois Administrative Code.
* They also claim this…
Quite simply, the Defendants are infringing upon the lawful right of the Students, and of their parents or guardians, to be free to choose for themselves whether mask wearing as a treatment, or type of modified quarantine, for the purpose of limiting the spread of an infectious disease, is, absent a court order, appropriate, especially where the Defendants have used, as a sword, direct and unabashed threats to the Students; right to an education if they refuse to comply.
* Among other things, they’ve asked the court to do this…
Declaring, absent consent of the parents or guardians, the Defendants must have in their possession a lawful order of quarantine issued on behalf of the certified local health department before the Students can be compelled to utilize a mask, which use is purported to limit the spread of an infectious disease, while on school property. […]
Declaring under 20 ILCS 2305(c), the parents, guardians, children, and Students have a due process right to refuse a modified quarantine which is alleged to limit the spread of an infectious disease; […]
Declaring the Revised Guidance does not have the effect of Rule as it was not adopted following the procedures of the Illinois Administrative Procedures Act; […]
Declaring Executive Order 2021-24 and 2021-25 are invalid to the extent they seek to expand power of the School Districts, ISBE, or IDPH to exclude children or Students from the premises of the School Districts due to have been deemed an alleged close contact, absent consent of the parent, guardian or a lawful order issued pursuant to 20 ILCS 2305 […]
Enter an injunction permanently enjoining the School Districts from compelling the Students, as well as all other children similarly situated, to utilize a mask, alleged to prevent the spread of an infectious disease, unless the parent or legal guardian consents or a lawful order has issued in favor of the certified local health department pursuant to 20 ILCS 2305
…Adding… I saw this as well. From comments…
Devore was soliciting $5,000 + filing fees per district to be part of lawsuit
…Adding… An example of the fundraising…
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* The House Democratic caucus has been notified that the chamber is canceling tomorrow’s session, which is not a big surprise. As I’ve been telling subscribers for a while now, the important stuff will mostly happen in the second week of veto session. HDem members were told today to prepare for a “busy and full week next week.”
I’ve checked with the Senate and will get back to you.
*** UPDATE *** The Senate confirms it has canceled tomorrow as well.
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Don’t believe everything you read
Wednesday, Oct 20, 2021 - Posted by Rich Miller
* Hey, SJ-R, the court threw out a prior remap law from May, not the new one passed in August…
Gov. JB Pritzker and Democrats who control the Illinois General Assembly suffered a major legal setback Tuesday when a federal court threw out the new state legislative district map favoring Democrats.
*Sigh*
As we discussed yesterday, we knew it was a given that the May remap plan wouldn’t pass legal muster because it clearly violated longstanding judicial precedent on population deviation. It’s the main reason why they had to draw a new map. Click here for more info on that.
* More SJ-R…
The fact that Democratic lawmakers later tweaked the map based on 2020 data in August and Pritzker signed that amended map into law the following month didn’t negate the legal issues that led to Tuesday’s ruling, the judges said. The amended map had legal “defects,” according to the judges.
The judges said no such thing about the amended map. The only mention of the word “defects” in the opinion is when the court invited plaintiffs to explain what they believe the defects are.
…Adding… The SJ-R has now posted a revised version of the story without explaining what it got wrong to begin with and how that was so important.
…Adding… The revised SJ-R headline is still wrong: “Federal court throws out Democrats’ initial legislative district remap, orders revisions.” The court has not ordered any revisions.
…Adding… Third headline try is a charm: “Federal court throws out Democrats’ initial legislative district remap, will consider revisions”
* On to Politico…
A federal court has intervened in the state’s legislative redistricting process and ordered new changes to a map lawmakers unveiled (and scrapped) months ago, creating new procedural hurdles for the 2022 election.
Not true. The court did not “order” changes to the revised redistricting plan. It allowed plaintiffs to submit their proposed changes.
* Politico…
A three-judge federal panel ruled Tuesday that the Mexican American Legal Defense and Education Fund and Illinois Republicans should be able to offer up their own map — and that Democrats need to do more tweaking.
Nope. The court invited the plaintiffs to offer up their own map along with explanations for how they correct any alleged deficiencies in the revised remap passed in August. And the Democrats can respond, but they haven’t yet been ordered to make any changes to their remap plan.
* Politico…
The case now poses an issue for the 2022 election. Remap proposals must be submitted by Nov. 5, and the court said the current map that state lawmakers approved can’t be used for the upcoming election until the case is resolved.
That means candidates can’t circulate their petitions — a process that starts in January — until they know what district they’re running in.
No. Plaintiffs have until November 8 to file their proposed revisions and explanations. The revised map hasn’t yet been stricken. And January is a long ways off.
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* US District Court in the Northern District of Illinois…
On May 28, 2021, the Illinois General Assembly approved a state legislative redistricting plan before the release of the official population totals from the 2020 United States decennial census. The pandemic delayed release of the official population totals, although the United States Census Bureau (“the Census Bureau”) had announced previously that those totals would be available by mid-August 2021. The Illinois General Assembly elected not to wait, and instead relied primarily on data from the American Community Survey (“ACS”), a population estimate previously published by the Census Bureau, to determine the boundaries of Illinois legislative districts. With Governor Pritzker’s signature, the General Assembly-approved redistricting plan (“the June Redistricting Plan”) became effective as of June 4, 2021.
Two sets of Plaintiffs filed lawsuits contending that use of the ACS data resulted in the drawing of constitutionally-flawed legislative district boundaries. Those cases have been consolidated before this three-judge court (“Court”) convened under 28 U.S.C. § 2284(a). In both cases, Plaintiffs allege that the June Redistricting Plan impermissibly violated their right to Equal Protection under the Fourteenth Amendment to the United States Constitution. Defendants in both cases have moved to dismiss [McConchie, 66, 80], [Contreras, 40, 55] Plaintiffs’ first amended complaints1 [McConchie, 51], [Contreras, 37]. Following the release of the official Census data, Plaintiffs in each case moved for summary judgment [McConchie, 76], [Contreras, 63].
For the reasons stated below, the Court denies the motions to dismiss [McConchie, 66, 80], [Contreras, 40, 55] in full, except to the extent that Plaintiff Martinez is dismissed from the first amended complaint in Contreras, see [37]. The Court also grants the Plaintiffs’ motions for summary judgment in full [Contreras, 63] and in part [McConchie, 76]. The Court declares that the June Redistricting Plan, Public Act 102-0010, violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, and enjoins the Defendant State Board of Elections and Defendant Members, Charles W. Scholz, Ian K. Linabarry, William M. McGuffage, William J. Cadigan, Katherine S. O’Brien, Laura K. Donahue, Casandra B. Watson, and William R. Haine, in their official capacities as members of the Illinois State Board of Elections, from enforcing Public Act 102-0010.
Finally, the Court will not require formal dispositive motion practice (e.g., motions under Federal Rules of Civil Procedure 12(b) and 56) on the second amended complaints and sets the schedule for the selection of a court-approved state redistricting map as follows: (1) Plaintiffs’ submissions for proposed revisions to the September Redistricting Plan, Public Act 102-0663, accompanied by a statement explaining how those revisions cure any constitutional or statutory defects in the September Redistricting Plan, are to be filed on the docket no later than November 8, 2021; (2) Defendants’ responses and objections to the submissions are to be submitted no later than November 18, 2021. This case is set for further status on November 5, 2021, at 11:00 a.m. […]
Taking into account the totality of the circumstances—both agreed and disputed—we will proceed therefore toward the approval of a map for Illinois legislative districts for the next decade using the September Redistricting Plan as a starting point, but also carefully considering the legal challenges raised in the operative second amended complaints. Having found the June Redistricting Plan unconstitutional and therefore reached the remedial phase of proceedings, the Court will not require formal dispositive motion practice (e.g., under Federal Rules of Civil Procedure 12(b) and 56) on the seconded amended complaints [McConchie, 116], [Contreras, 98]. To the extent that the September Redistricting Plan does not pass muster, Plaintiffs are invited to submit proposed alternative maps for the Court’s consideration accompanied by a statement explaining (1) the constitutional or statutory defects in the September Redistricting Plan and, (2) how the revisions or alternatives cure such defects. Defendants will likewise receive an opportunity to respond to the proposed alternative maps and accompanying assessment according to the schedule set out at the conclusion of this opinion.
In other words, the first version of the map has been tossed over unconstitutional population deviation between districts (the courts have long had a rule about that and the new Illinois map was in clear violation). The second version is now under judicial review because the court declared the first version unconstitutional. And the court has invited plaintiffs, meaning the Republicans and MALDEF, to submit their own alternative maps with specific emphasis on how their alternatives address the Democrats’ alleged defects.
Also, the court rejected the Republican claim that the failure to draw a constitutional map by the deadline triggers the state’s non-partisan remap commission process.
…Adding… Press release…
Below is a statement from Senate Republican Leader Dan McConchie (R-Hawthorn Woods) and House Republican Leader Jim Durkin (R-Western Springs) on Illinois’ redistricting maps being declared unconstitutional today in court:
“Today’s ruling is a victory for Illinois citizens, advocacy groups and communities of interest. During this process the Republican caucuses consistently demanded transparency and fairness in mapmaking, which were rejected by the Democrats and Governor Pritzker. The court’s ruling validates all the concerns that were raised during the Democrats’ unconstitutional attempt to gerrymander Illinois.”
…Adding… Tribune…
Though Democratic lawmakers passed and Gov. J.B. Pritzker signed the updated map last month, they did not repeal the earlier estimated-population map approved in May.
That prompted concerns that if the new map was ruled unconstitutional, the earlier map using population estimates would take effect. The court said it needed to rule on the unconstitutionality of the original map to prevent that from happening.
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COVID-19 roundup
Tuesday, Oct 19, 2021 - Posted by Rich Miller
* Tribune…
Gov. J.B. Pritzker said Tuesday that a continued decline in coronavirus cases and hospitalizations in Illinois could lead him to lift “certain mask mandates” in time for the holiday season.
“We want to remove the mitigations as we approach the holidays,” Pritzker said during a COVID-19 briefing at the James R. Thompson Center in the Loop. “That’s an important marker for us.”
“We want to make sure that these numbers keep going down,“” he said. […]
At the time the mandate was issued, Pritzker pointed to the recommendation from the federal Centers for Disease Control and Prevention that people wear masks indoors in areas of “substantial” or “high” coronavirus transmission. As of Monday, that still included all but two of the state’s 102 counties, both of them downstate.
Map…
* Pritzker was responding to a question from Amy Jacobson about the state’s mask mandates…
Well, we’re continuing, again, to watch the numbers. You know that we look at these every day, Dr. Ezike and the IDPH team. And we work with them to determine when the right time is. I think you’ve seen that, although numbers have come down. And I know pretty much every moment of every day, you’ve wanted us to remove every single mitigation. Every question that you give is a question about removing mitigations. I want them to go away too. But we want to make sure that we’re keeping people healthy and safe, following the guidelines that doctors are offering for us. And so we’ll continue to do that. And obviously we want to remove the mitigations as we approach the holidays. These are you know, that’s an important marker for us. We want to make sure these numbers keep going going down and we’d like very much to head into, you know we have three holidays coming up. But especially Thanksgiving and Christmas, where people spend extended amounts of time together. So we’d like very much to get to a place where we can remove certain mask mandates.
Please pardon any transcription errors.
* Hannah Meisel took a look at the numbers in a long thread and concluded…
* But then up comes the clickbait headlines…
Gov. JB Pritzker Hopes To Lift Statewide Indoor Mask Mandate In Time For Holidays
* IPHA…
Community Health Workers responded to 5,586 service requests in September.
Behind each request is someone experiencing the harmful, long-term effects of the COVID-19 pandemic. As demonstrated in the data table below, most of the service requests received in September were for basic human needs, such as food and household items, income assistance (including rent and utility payment programs), and even finding a safe place to quarantine. […]
Notice also that [southern Illinois] Region Five, despite being a more rural, sparsely populated part of Illinois, had the highest number of service requests for the month. Health administrators in those southernmost 20 counties reported all intensive care unit beds were in-use as a surge tore through the region. This left patients who would have otherwise been hospitalized with few options other than to remain isolated at home for several days.
…Adding… Today’s data…
* More…
* Pritzker pushes COVID booster shots for eligible residents: Pritzker urged skilled nursing facilities to make booster shots available to all residents and staff before Thanksgiving. The Illinois Department of Veterans Affairs is also preparing to provide booster shots to residents at state-run veteran’s homes.
* You can’t work at this southwestern Illinois hospital without COVID-19 vaccination: “As the principal healthcare provider in our community, we should serve as a leader to our patients, families, coworkers, and community,” President of Touchette Regional Hospital Jay Willsher said.
* Just 54% of Chicago Police Officers Tell City Officials They Are Vaccinated Against COVID-19
* Compliance with vaccine mandate for city employees worst among police, firefighters
* Hearing planned Wednesday in Chicago Fraternal Order of Police’s battle with city over vaccine mandate
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* Good infrastructure news from the Tribune…
Gov. J.B. Pritzker on Monday unveiled a six-year timeline for the $1.2 billion reconstruction of Interstate Highway 80 through Will County, including work on aging bridges over the Des Plaines River considered so decrepit that unions put up billboards with warnings such as “Cross bridge at your own risk” two years ago.
“In recent decades, this stretch of I-80 has also come to represent the disinvested infrastructure that Illinois used to be notorious for,” Pritzker said during a news conference Monday in New Lenox. “That’s all changing.”
* Bad infrastructure news from the Tribune…
On Saturday morning, Dixmoor resident Martha Montero turned on her shower to find nothing. But she had water stored in a cupboard from the numerous other times this had happened. […]
The issues with water have been ongoing for about two years, said 29-year-old Montero. […]
The town has been without a reliable and consistent water source since Saturday. According to Dixmoor Village President Fitzgerald Roberts, that is because of breaks in the pipe that brings water into Dixmoor, affecting the whole town’s water supply. The latest break was Monday. […]
Harvey supplies water to other towns including East Hazel Crest, Hazel Crest, Homewood and Posen.
Homewood is in the process of switching its water source due to “erratic water rates” and “unreliable infrastructure,” said Homewood’s marketing director Jennifer Quirke.
* And I still don’t know what to make of this idea…
The developer behind the proposed $20 billion One Central development revealed details for the project’s first phase: a transit center surrounded by roughly 1.4 million square feet of retail, dining and entertainment space on a 35-acre site above the train tracks near Soldier Field.
The full plans for One Central, unveiled in 2019, include up to 22.3 million square feet of buildings with as many as 9,050 residential units and 9.45 million square feet of offices. The project still needs city and state approval to proceed, and Landmark president Bob Dunn has said he expects to submit a zoning application by late October or early November.
* Related…
* Rush hour is coming back, but slower traffic hasn’t meant fewer crashes: One solution is to put “traffic calming” measures onto city streets, which can help protect cyclists and pedestrians too, as biking and walking are growing in popularity throughout Chicago and the suburbs, she said. That can include lower speed limits, pedestrian islands and crosswalks in roadways and bike lanes, which both provide space for cyclists and narrow streets to encourage lower speeds. The measures might be one way to reverse not only the pandemic spike in traffic fatalities and deaths, but also a longer-term uptick in the Chicago area that predated the pandemic, Wilkison said.
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Chicago Sky open thread
Monday, Oct 18, 2021 - Posted by Rich Miller
* I know many of you are fired up about the championship win, so have at it [multiple exclamation points]
…Adding… Press release…
– The City of Chicago will celebrate the 2021 WNBA Champion Chicago Sky on Tuesday, October 19 with a downtown parade and rally. The parade will begin at 11AM when the team departs from Wintrust Arena, arriving at the Jay Pritzker Pavilion in Millennium Park for a celebration rally starting at noon.
“The City of Chicago could not be prouder of our winning Chicago Sky,” said Mayor Lori Lightfoot. “We are thrilled to throw a celebration worthy of this historic moment in Chicago sports and congratulate the Sky for bringing our city its first WNBA title. Let’s get ready to paint the town #SkyTown!”
PARADE ROUTE
The official parade starts with the team leaving Wintrust Arena at 11AM, traveling north on Michigan Avenue from Roosevelt Rd. to Randolph St., and heading east to Pritzker Pavilion. Fans are encouraged to cheer on the Sky along the parade route.
RALLY
A Celebration Rally will take place at Pritzker Pavilion in Millennium Park starting at noon.
The rally is free and open to the public. All attendees must pass through security screening at select entrances off Michigan Ave. and Monroe St. Guests are encouraged to leave bags at home. For security, health, and safety information, please visit MillenniumPark.org and “Plan Your Visit.”
While attendees are not required to be vaccinated to attend, it is highly encouraged. Please do not attend if you do not feel well or recently tested positive for COVID-19.
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*** UPDATED x1 *** More remap stuff
Monday, Oct 18, 2021 - Posted by Rich Miller
* New York Times…
Illinois Democrats on Friday proposed a new set of highly gerrymandered congressional maps that would consolidate Democratic power in the state’s congressional delegation, most likely cutting the number of Republican seats in the state to three from five.
Only if you’re looking at presidential results…
2022 is an off-year election and President Biden’s trend ain’t the Democrats’ friend. And many (not all) congressional Dems underperformed Biden last year. Not saying that this map wouldn’t result in 14-3, but it ain’t a slam dunk when you factor in reality. A bunch of those districts could be tossups.
* Not sure why counties are always supposed to be kept together, but OK…
* Koutsky has close ties to a top Durbin person…
Yet if Republicans found that map absurd, they will be even more offended by a new proposal.
Crafted by Zach Koutsky, a longtime Illinois Democratic operative, it appeared on the state Legislature’s online portal late Friday night.
The more aggressive map is even more contorted than the first — though perhaps more effective at delivering seats for Democrats. It was crafted in consultation with national Democrats, according to a source familiar with its origin.
In this proposal, Bustos’ northwest Illinois district stretches across the state’s northern border, grabbing the city of Rockford and dipping into Lake County to pick up some of the city of Waukegan. It also loops the Democratic-leaning cities downstate into two districts: one snaking from East St. Louis to Springfield to Decatur, and another that stretches from Peoria to Bloomington to Champaign.
That would leave just two deep-red seats for the state’s current Republican members. Democrats could conceivably take 15 of the 17 districts in the next election under this map.
* Wasserman, who is better at numbers than political analysis, wasn’t impressed by the effort…
* Question from Crain’s…
Will the Dems’ new map survive the week?
This is not intended to be the final map. The chair of the House Redistricting Committee specifically called the proposal a “first draft” on Friday. So, no, it won’t survive. By design.
* The truth is, anyone with a computer and an Internet connection can submit a map, and several will before this is over…
* And some tweeters actually thought this obvious spoof was for real, which I thought was hilarious…
*** UPDATE *** AP…
A lawsuit seeks to block new Illinois state legislative district maps, saying Black residents of East St. Louis were unconstitionally split up into multiple House districts to help white Democratic incumbents in neighboring districts win reelection.
The federal lawsuit was filed Friday on behalf of the East St. Louis Branch NAACP, the Illinois State Conference of the NAACP and the United Congress of Community and Religious Organizations. It says race played a role in the redistricting of House District 114, which is currently represented by Rep. LaToya Greenwood, who is Black. According to the lawsuit, one-fifth of the district’s Black voting-age population was moved into two nearby districts under the new legislative maps that Democrats approved and Democratic Gov. J.B. Pritzker signed into law last month as part of redistricting. Thousands of white voters were added to District 114, which the plaintiffs say jeopardizes the prospects of a candidate preferred by Black voters. The district has been represented by a Black legislator for decades, the lawsuit states.
…Adding… The filing is here.
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