* Letter to the House Speaker’s chief of staff…
Chief of Staff Jessica Basham
300 Capitol Building, Springfield, IL 62706 (delivered via electric deliveiy)
Re: Subject Matter Hearing regarding the LaSalle Veterans Home COVID Outbreak
Dear Ms. Basham:
As Chair of the Illinois House Veterans Affairs committee, I am requesting an in-person meeting of the Committee for a Subject Matter Hearing regarding the LaSalle Veterans Home COVID Outbreak.
With the failure of SB 2135 (by one vote) on May 23, 2020, the Illinois House of Representatives is unable to conduct committee hearings in a remote virtual setting, such as Zoom. As we have seen over the summer months the Illinois State Senate, through legislation that successfully passed the Senate in May, has been able to conduct joint subject matter hearings with various House committees.
Over the weeks since the outbreak was discovered, I have requested on numerous occasions, to include the Illinois House Veterans Affairs committee in Senate Subject Matt er hearings. Joint Veterans Affairs meetings have been held in the past, most notably addressing the Quincy Home Outbreak.
The Illinois House Veterans Affairs committee needs to properly discharge the duties it is established to do. For the reasons: (1) the failure of SB 2135, (2) the denial of the Senate Veterans Affairs committee chair to allow members of the Illinois House Veterans affairs committee to participate, and (3) the extreme concern and mourning of the death of 30 Veterans in the LaSalle Veterans Home by myself and members of the committee, I have no other choice but to call for an in-person Subject Matter Hearing of the Illinois House Veterans Affairs committee during this global pandemic.
I realize it will be challenging and costly to ensure that all the proper health protocols are in place to provide for a safe environment for us to conduct business. As Chair of the committee, I will be requiring that all committee members be COVID-19 tested prior to the committee date, all members will be requir ed to wear a mask, and I am requesting that all other details regarding the meetin g adhere to the COVID safety guidelines by the Illinois Department of Public Health and the Center for Disease Control.
Thank you for your assistance with this request. I am requesting that this meeting be scheduled as quickly as possible given the seriousness of the LaSalle Veteran Home situation.
*** UPDATE *** From Rep. Kifowit…
As you posted we are in a position to only have an in-person meeting. This comes at the conclusion of a week of trying to work with the Senate collaboratively, to no avail. I would like to thank Rep Thapedi for his inquiry as well. The situation is multi-dimensional and I believe his committee will look at this situation through a different lens of the Judiciary - Civil Committee. While in some areas might overlap, it is worthy of inquiry and I welcome it. I have spoken to staff and we will be posting the meeting as soon as we can confirm a reasonable date to ensure all protocols can be followed for the safety of all involved.
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* Press release…
The Illinois State Board of Elections on Friday certified the results of the Nov. 3 General Election, which featured the highest statewide turnout since 1992 and set records for total number of votes cast and total registered voters.
Despite being held amid the coronavirus pandemic, the 2020 General Election saw 6,098,729 voters cast ballots, exceeding the 2016 total of 5,666,118, which was a record at the time. There were a record 8,364,099 active registered voters eligible to participate in the election, surpassing the 2016 record of 8,029,847.
Turnout was 72.92 percent, the highest statewide voter turnout since the 1992 general Election’s 78.24 percent and more than 2 percentage points higher than in 2016.
Official vote totals for the 2020 general elections can be found on the SBE website’s Election Results page. The official Vote Totals book is available as a downloadable pdf file in the Vote Totals section of the website’s publications page.
As the coronavirus pandemic intensified following the March 17 primary, the Illinois General Assembly passed an election bill that enacted many special provisions to ensure a safe General Election for voters and poll workers. Chief among these was an emphasis on voting by mail that resulted in a record number of Illinois voters casting ballots without entering a polling place.
Likewise, promotion of early voting to mitigate potential Election Day crowding led to an unprecedented number of votes cast during Illinois’ 40-day early voting period.
Based on pre-election ballot reports, SBE estimates that the total statewide vote was split roughly evenly between early voting, voting by mail and in-person voting on Election Day, each accounting for about 2 million votes. Board staff is currently collecting data from the state’s 108 local election authorities that will provide a more precise summary of voting trends in the 2020 general election. That data will be submitted to the U.S. Election Assistance Commission in early 2021 for inclusion in the Election Administration and Voting Survey. […]
“The strong turnout in this election is a testament to the voters of Illinois and the state’s 108 local election authorities,” said SBE Executive Director Steve Sandvoss. “Amid a historic public health crisis that presented a formidable obstacle, the election community statewide rose to the occasion.”
Some charts are in the full release and the official Vote Totals book is here.
*** UPDATE *** Scott Kennedy…
* Related…
* In 2020, Cook County voters cast ballots for judges in historic numbers
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* AP…
The number of Americans applying for unemployment benefits fell as the nation celebrated Thanksgiving last week to a still-high 712,000, the latest sign that the U.S. economy and job market remain under stress from the intensified viral outbreak.
Thursday’s report from the Labor Department said that initial claims for jobless aid dropped from 787,000 the week before. Before the virus paralyzed the economy in March, the number of people applying for unemployment benefits each week had typically amounted to roughly 225,000. The chronically high pace of applications shows that nearly nine months after the pandemic struck, many employers are still slashing jobs.
“Thanksgiving seasonals likely explain the drop’’ in jobless claims last week, Ian Shepherdson, chief economist at Pantheon Macroeconomics, wrote in a research note. “Expect a rebound next week.’’
* CBS 2…
The Illinois Department of Employment Security reported 74,131 new unemployment claims were filed across the state last week, the week of Nov. 22. That is up 13 percent from the week before.
About 10 percent of the national total yet again.
* There is clearly something amiss here. The governor has blamed the inordinately high numbers on fraudulent claims. CBS 2 reports that “roughly 297,000 people in Illinois” are “lumped into the IDES’ fraudulent claims pile.”
* Meanwhile…
Illinois has lost more than a third of its small businesses since the beginning of the year, according to TrackTheRecovery.org. […]
The data compiled by Harvard and Brown universities and the Bill and Melinda Gates Foundation shows as of Nov. 16, 2020, the number of small businesses open decreased by 35.4 percent compared to January of this year.
The national average businesses not open compared to January is 28.9 percent fewer. Washington D.C. had the worst loss at 47.1 percent fewer small businesses. Nebraska and North Carolina had the best showing at 20.5 percent fewer.
Small business revenues have also taken a hit nationwide. The national average is a decrease of 32.1 percent in small business revenue since January. Washington D.C. had the worst loss in the nation at 61.6 percent. Oregon small businesses lost 16.3 percent. Illinois small businesses saw 39.2 percent decline in revenue since January.
[Headline changed to reflect an error on my part. I’ve donated more money to Lutheran Social Services of Illinois. This week needs to end before I go broke /s]
*** UPDATE *** Press release…
With identity fraud tied to unemployment claims in Illinois at an all-time high, Illinois State Representatives Tom Bennett (R-Gibson City), Terri Bryant (R-Murphysboro), and Mike Murphy (R-Springfield) held a press conference Friday and said Governor Pritzker needs to stop pointing fingers and start proposing solutions.
Since March, more than 212,000 fraudulent claims have been filed with the Illinois Department of Employment Security (IDES). Most fraudulent activity involves unemployment benefit debit cards with money on them that are being received by Illinoisans who did not file for benefits, or business owners who cannot obtain Pandemic Unemployment Assistance (PUA) funds because their identities were stolen and money due to them was channeled to a cyber-hacker.
“Governor Pritzker continues to blame the federal government for his department’s failings, but it’s time for JB Pritzker to take responsibility for the fact that his IDES has failed at every turn during the COVID-19 pandemic,” said State Rep. Terri Bryant (R-Murphysboro). “Rather than continuing to play the blame game, the Governor needs to fix this failed system once and for all and share with the General Assembly his plan to protect the identities of Illinoisans at risk of having their personal information compromised.”
State Rep. Tom Bennett (R-Gibson City) said Illinoisans who receive no help or no callbacks from IDES are turning to their legislators for assistance, often in a state of desperation. “Helping constituents who are having difficulties applying for benefits and receiving answers from IDES has become the number one issue which I and my district office staff have been spending time on since the outbreak began in March,” said Bennett. “Meanwhile groceries still have to be bought and bills still have to be paid while the applicants wait. The delays and failures at IDES are unacceptable. Government must do better!”
While the Attorney General’s Office recommends that all people use strong account passwords, monitor their credit reports, register for fraud alerts by text or email, and pay close attention to all financial accounts, Rep. Mike Murphy (R-Springfield) said that’s not nearly enough, and that state government needs to do more to protect people from fraud. “Telling families who need to put food on the table to monitor their credit reports for potential unemployment fraud is a completely unacceptable abdication of the government’s responsibility to the people,” said Murphy. “Then telling victims who are just trying to stay afloat to repay the government for its failure to protect against fraud adds serious insult to injury. We are long overdue for public hearings, the legislature needs to convene and concrete answers to address the ongoing problems at IDES must be provided.”
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* Press release from last night…
Jim Oberweis, candidate for Congress in the 14th District, is issuing the following statement on the discovery recount his campaign has formally launched.
“Today my campaign has formally initiated the process to begin a discovery recount. We are seeking a discovery recount in each of the seven counties within the 14th Congressional District. A discovery recount does not change a single vote, but it does allow us to see if the outcome might change with a full recount. Election law provides campaigns the ability to request a discovery recount in close elections. As we have said for the last few weeks, we would be seeking a discovery recount and the first of these recounts have been formally filed in DuPage County. We will be filing paperwork in the other counties in the coming days.”
* Pearson…
Unofficial totals showed Underwood, of Naperville, with 203,209 votes, or 50.7%, compared with 197,835 votes for Oberweis, or 49.3%, in the west and northwest suburban and exurban district. […]
A discovery recount involves a partial sample of votes cast in the congressional district, which includes DuPage, DeKalb, Kane, Kendall, Lake, McHenry and Will counties. Unofficial results showed Underwood winning in all but McHenry and DeKalb counties.
If results from a discovery recount differ, the result of the election would not automatically change. But the recount could be used as the basis for a court challenge to the election results.
Needless to say, don’t expect a change in the end result. A 1.4 percentage point lead doesn’t just vanish.
*** UPDATE *** Press release…
Lauren Underwood for Congress released the following statement in response to news reports regarding Jim Oberweis’ pursuit of a discovery recount. This statement is attributable to Underwood spokeswoman Andra Belknap:
“The votes in this race have been counted and Mr. Oberweis lost. As he has acknowledged, a discovery recount cannot change the outcome of this election. Congresswoman Underwood is in Washington focused on the job she has been elected to do.”
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* Pearson at the Trib…
Embattled House Speaker Michael Madigan, his bid for reelection to the post in jeopardy, will appear Saturday at a “candidate’s forum” hosted by one of his most loyal constituencies — the House Black caucus.
With 19 of the projected 73 Democrats who will sit in the next session of the House opposing Madigan’s reelection — leaving him six short of approval — the move by the nation’s longest-serving speaker is aimed at both shoring up and demonstrating support from a highly active caucus of House Democrats.
So far, of the Black caucus’ 22 members, only Rep. Maurice West of Rockford has said he will not vote for Madigan’s reelection as speaker, a post the Southwest Side Democrat has held since 1983 with the exception of two years in the mid-1990s when Republicans controlled the chamber. […]
The Black caucus traditionally meets prior to the inauguration of a new legislature to elect a member for the House Democratic leadership team. But one caucus member said privately that the meeting’s role this year was expanded to include the speaker candidate’s forum as a way to provide Madigan with a formidable reelection endorsement.
Subscribers know more about that last sentence.
* Rachel Hinton at the Sun-Times…
Members of the House have until noon Friday to make their interest known to Rep. Camille Lilly, D-Chicago, who chairs the caucus, according to the release. The forum was first reported by Capitol Fax.
Steve Brown, a spokesman for the speaker, said Madigan plans to take part.
Lilly said it will be a private forum for the candidates.
“We wanted to open it up to those who are interested [in being speaker] and we wanted to make ourselves available,” Lilly said.
*** UPDATE 1 *** I meant to include this here and forgot. Pearson was interviewed by CNN about Madigan. Here’s one exchange…
Cillizza: Finish this sentence: “In January the next Speaker of the Illinois state House will be ________.” Now, explain.
Pearson: I don’t mean to weasel out here but this is very much an open question. In the past, there were heirs apparent to Madigan should he have stepped down. But Madigan has outlasted them. The women’s caucus is sizable and has now become a political force. The Black caucus in the House has always been influential. Progressives have become a larger factor in the chamber and they will want to be represented. Members of Madigan’s current leadership team want consideration.
*** UPDATE 2 *** Press release…
“The Illinois Legislative House Black Caucus will host a forum for all interested candidates for House Speaker on Saturday, December 5th. At noon today, we received the final list of interested candidates who wish to appear and present their leadership credentials to the caucus members. We are committed to a transparent and open process. We look forward to hearing from all those interested and providing an opportunity for the caucus members to make the best decision that represents our collective constituency and residents of Illinois. This is strictly a forum.” - Rep. Camille Lilly, Chair - Illinois Legislative House Black Caucus
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Open thread
Friday, Dec 4, 2020 - Posted by Rich Miller
* You know the drill. Illinois-centric and polite. And if you haven’t yet contributed, please click here and contribute to Lutheran Social Services of Illinois. Thanks for everything.
…Adding… WMAY…
The days of Boone’s Saloon are over, as new owners Mike Zengilani and Chris Stone are closing the popular bar and grill on College & Edwards to give it a re-branding.
The new venture will be simply called Boone’s. Zengilani will draw from his ten years of experience at Cafe Moxo to tweak the menu, while plans also include an expanded outdoor beer garden. Already considered one of the best beer gardens in Springfield, the new Boone’s will have more space in the garden, as well as video gaming.
Stone told me yesterday they’re dropping the Confederate dish names from the menu. That’s a relief.
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* Press release…
Oak Park Democrat Don Harmon has the support of the Illinois Senate Democratic Caucus to be Illinois Senate President in the 102nd General Assembly.
“I am honored and humbled to have the support of my colleagues to serve as president of the Illinois Senate. We have a fantastically talented collection of Senate Democrats who are ready to make their mark, solve problems and lead Illinois through an upcoming year that will be filled with both challenges and accomplishments,” Harmon said after the vote.
Senate Democrats caucused virtually Thursday regarding the upcoming session.
The Illinois Senate Democratic caucus will have 41 members for the 102nd General Assembly, which is scheduled to begin on Jan. 13, 2021. One of the first official actions of a new General Assembly is to elect the Senate President and minority leader posts. In the Senate, the governor presides over the chamber until the Senate President is elected.
Harmon was elected Senate President earlier this year by his colleagues to serve out the remainder of the two-year leadership term previously held by Sen. John Cullerton, who retired from office at the start of 2020.
During Harmon’s first session as Senate President, the COVID-19 global pandemic forced the cancelation of much of the 2020 spring legislation session. Faced with ongoing public health concerns regarding large gatherings, the Senate embraced technology and in May adopted official rules for online hearings so the Senate’s work could continue. In the wake of George Floyd’s murder and Black Lives Matter marches, the Legislative Black Caucus under the leadership of Senate Majority Leader Kimberly A. Lightford quickly embraced the new online Senate committee process and launched a series of hearings on racial and social justice in an effort to build a legislative agenda to address systemic racism in Illinois.
Harmon, 54, was first elected to the Illinois Senate in 2002. He lives in Oak Park with his wife Teresa. They have three children. He has a BA from Knox College in Galesburg, and a law degree and MBA in economics from the University of Chicago.
Harmon is an avid guitar player and founding member of the bipartisan Boat Drink Caucus band.
Speaker Madigan is currently embroiled in a reelection battle, Senate Republican Leader Bill Brady was ousted by his caucus and House GOP Leader Jim Durkin defeated a challenge. Harmon won his chamber’s top job a year ago after a bitter battle, but he had an easy ride to a full term.
…Adding… Politico…
He also gave Lightford the reins to manage much of the online Senate committee process, including hearings on racial and social justice issues.
On Thursday, she nominated Harmon to keep the Senate gavel, a sign of his ability to unite the caucus.
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* CBS 2…
Hundreds of people crowded into a hotel ballroom on Wednesday, toasting newlyweds.
But in the middle of a pandemic, how is that allowed? That is what we wanted to know, too. So CBS 2’s Charlie De Mar headed to the Hilton Chicago/Northbrook to find out.
The wedding at the hotel could be described as a potential COVID-19 super-spreader event, and on the same day Illinois hit the grim milestone of 238 deaths in one day – the most since the start of the pandemic. The national death toll was also a record for a single day.
The bride walked into a room filled with hundreds on her special day. All eyes were on her, and no masks were on to block the smiles.
At the Northbrook Hilton, where they promise a cleaner stay in the age of COVID, we saw no social distancing at the wedding – and the groups of people walking about without masks. Only a sparing number of people covered up.
* From the Illinois Hotel & Lodging Association…
“The large gathering that was allowed to take place at the Hilton Chicago/Northbrook is unacceptable and does not reflect the careful efforts the hotel industry as a whole has taken since the onset of the pandemic to protect guests, employees and our communities. When I found out about this situation, I subsequently contacted public health officials to determine the appropriate next steps and reminded hotel management that they must abide by the Tier 3 mitigations and safety protocols to ensure the health of their employees and guests. In addition, we have reached out to our hotel membership across the state to once again stress the importance of abiding by all health and safety guidelines. The hotel industry is committed to working with policy makers and public health officials to ensure this situation is not repeated,” said Michael Jacobson, president & CEO, Illinois Hotel & Lodging Association.
* Tribune…
Dr. Rachel Rubin, senior medical officer and co-lead for the Cook County Department of Public Health said during a news conference Thursday that she felt “profound dismay” after hearing about the wedding.
“This event should not have happened,” she said. “It’s put a lot of individuals in danger.”
County officials said they are now investigating. According to the health department, violations of the state order banning indoor dining and other indoor congregations such as this could lead to arrest, a fine of $1,000 per offense and further actions.
* Gov. Pritzker was asked about it today…
Well first of all, I’m deeply concerned for the people who attended that wedding. I understand that people were in very close proximity to one another. I understand that those people will go home, or back into their communities and may in fact have infected other people.
And this is very concerning to all of us at a moment when we have rampant COVID-19 throughout Illinois community spread. Here we have people, who are in a concentrated fashion, have the ability now to go spread it to everywhere that they return to so I’m deeply worried for them and for the communities that they return to for their families and so on. I hope that each of them will isolate and get a test.
Now, as far as what should happen, what we’ve done, we contacted the Cook County Health Department and other authorities in Cook County as well as the city of Chicago. And we’ve made sure that they’re following up on this. It is their local enforcement that is very important to us and they are indeed doing just that I saw in the latest news story that Cook County is now following up with potential legal action law enforcement action. So we’ll have to see what follows here, but I certainly want to encourage them to do that. We’ve put in place the rules and regulations for them to follow to follow up on this.
It’s very irresponsible and it’s also irresponsible of the hotel to host an event like that. They too have breached the rules, and they should be held responsible.
* Meanwhile…
Monday, December 14, 2020 at 7 PM EST
Thelma Keller Convention Center
Public · Hosted by Darren Bailey for State Senate 55th District
Join us for a Christmas Party Fundraiser on December 14th at the Thelma Keller Convention Center in Effingham.
We’ll have Christmas Deserts, a Hot Chocolate & Coffee Bar, Bingo, and even SANTA will be there! 🎅 Join us for an evening of fun and support our efforts to #RestoreIllinois!
Tickets are $25 for individuals or $50 for a Family Ticket! LIMITED TICKETS available, so don’t wait until the last minute!
Get your tickets at: [redacted]
Sponsorships are also available at the following levels: $2500 - $1000 - $500 - $250
*** UPDATE *** From the Hilton Chicago/Northbrook…
“Last evening, the Hilton Chicago/Northbrook hosted a family wedding with approximately 150 people in attendance. While the event was booked prior to the implementation of the state’s latest mitigation measures, we sincerely regret allowing this gathering to proceed and our family apologizes to our guests, employees, and the Chicagoland community.
The coronavirus pandemic has created unprecedented challenges for the hospitality industry and our family-owned business. However, our hope to keep the hotel afloat and employees working should not outweigh health and safety.
We are committed to working with state and local health authorities to ensure our hotel is abiding by all safety measures and mitigation guidelines. We immediately reviewed our bookings to ensure any business that is inconsistent with the state’s guidelines are not held at this property, and we are committed to following contact tracing and testing protocols recommended by health officials.
It will take time, but we hope to rebuild the trust of our guests, staff and community have placed in us for so many years,” said Holly Allgauer-Cir, General Manager, Hilton Chicago/Northbrook.
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* Rep. Darren Bailey (R-Xenia) on Facebook this morning…
Here in Illinois, friends, this whole situation with this illegal voting, this voter fraud, friends, it’s real. Its very real. I am really encouraged because there are several Republicans who have run and were narrowly defeated up in the, I’ll call it the Chicagoland area, the northern part of the state, who are going to be calling for some recounts. This is good. I’m glad to hear this, they’ve found proof that has taken this many days, that they believe that something is off, something is wrong, so you’re going to be reading about that.
This all in the midst of the very same time we’ve got many Illinois Republican leaders throughout the state calling for Donald Trump to step down, calling for him to give up. That’s appalling. Adam Kinzinger, the US Congressman from the northern part of the state, seems to be leading this charge. Last night, he tweeted that Donald Trump should delete his Twitter account and he’s been calling for quite some time for Donald Trump to just give up, concede, and get out of the way. This man has never been a fan of the president. This man has been part of the problem with Illinois politics. So keep that name in mind, don’t forget that. Get on his Twitter and Facebook accounts and tell him to get his priorities straight if he’s a Republican, otherwise change his party. There’s several others that are joining this as well and we shouldn’t put up with this. If we want a healthy Illinois, if we want a healthy conservative movement, we’ve got to get real and we’ve got to get involved.
Recounts? Right. OK.
Anyway, on to Congressman Adam Kinzinger, who is widely rumored to be eyeing a 2022 run for governor. Bailey, you will recall, said months ago that he was thinking about a gubernatorial bid.
* Kinzinger appears to be trying to protect his right flank with an attack on Gov. Pritzker over the administration’s horrible response to the preventable disaster at the LaSalle Veterans’ Home. From a WCMY radio interview today…
Kinzinger: The federal government, the US Department of Veterans Affairs, came in, did an assessment, found a whole number of things wrong. And then from that point on began offering daily help to the LaSalle Veterans Home into the state of Illinois and was denied all November, basically. Every day they would call and ask ‘Do you want federal government help?’”
That comes with money. We passed $150 million in the CARES Act for this kind of situation. And the state of Illinois kept saying ‘No’ and I want to look at the… Okay, you have things like hand sanitizer that doesn’t kill COVID because it has no alcohol in it. Okay, well that’s just a dumb clerical error or was that somebody to attempt to save money at the cost of the veterans?
And then you look at things like how come you would not take federal government support? And while I don’t want to level this accusation, I do think it’s kind of interesting that in the middle of the federal government offering help to the state of Illinois, you have the situation where the governor would constantly talk about how the federal government’s failing because we’re in the middle of an election.
So I think there’s a lot of questions that you’ve answered and that starts with the governor. This is on the governor to explain, or fire or hold accountable those responsible, if it’s not him.
Q: When somebody from Washington called, who said ‘No’?
Kinzinger: Well, you know, it’s basically every day at the veterans’ home, at the state of Illinois, they said ‘No.’ And I think that’s part of the question. Who’s not just saying ‘No,’ who’s making the decision that we won’t take federal government help?
Look, you can think that you have it under control, and you can think that maybe somehow you know more than the federal government, but let’s keep in mind the resources, the federal government comes. Anytime you get an extra set of eyes or ears, or in the federal government’s case, you have 50 other states or 49 other states and territories basically under your jurisdiction where you can see, and have examples of what worked and what didn’t. So why that happened for a month, I have no clue.
And the problem is the governor has decided to do an IG investigation, which is going to take six months, Jay. We’re not going to get any answers before that. We need answers now. And like I said, the one thing that really concerns me is the eagerness that Governor Pritzker was the entire time of the election to take on President Trump on COVID and everything else. And I hope that certainly didn’t come into play, but we need to know.
I followed up with Kinzinger’s office a few hours ago to ask who in the federal government was calling the veterans’ home and have not yet heard back.
* From Jordan Abudayyeh at the governor’s office…
It is unclear what federal help Congressman Kinzinger is referring to. At the beginning of November, as the first positive cases were discovered at the LaSalle Veterans Home, the Illinois Department of Veterans Affairs (IDVA) was in regular communication with the U.S. Department of Veterans Affairs (USVA).
In fact, on November 5, USVA asked if the home needed assistance with PPE and the home administrator asked for additional N95 masks. USVA provided thousands of masks to be used at LaSalle and other veterans homes.
On November 9, USVA asked IDVA if they would like to have an infection control consultation and IDVA responded yes. IDVA also asked for IDPH to conduct an onsite consultation as well. Both of those visits were completed just three days later, the recommendations were implemented and the reports were made public.
After the site visit, USVA offered to make infection control experts available for further assistance and IDVA has requested that assistance. Dr. Amelia Bumstead with USVA is spending four to six weeks visiting all state veterans homes to improve infection control protocols and practices.
Throughout this process both IDVA and USVA have continued their communication and the IDVA appreciates the help and support offered by their federal partners. An independent investigation is also currently underway, and as the Governor has said, if that investigation uncovers malfeasance, appropriate disciplinary action will be taken.
*** UPDATE 1 *** Maura Gillespie at Kinzinger’s office…
The U.S. Department of Veterans Affairs was offering assistance to the LaSalle Veterans’ Home, operated by the State of Illinois, to send infection control experts to assist. Our staff was briefed on that, as was Sue Rezin, on November 19th during a phone call with the VISN Network Director who confirmed that the USVA had been checking in daily to see if the State needed help. They were not taken up on their offer until the State finally requested that help at the end of November.
Well, somebody isn’t telling the truth. Stay tuned.
*** UPDATE 2 *** Back to Jordan…
As soon as the offer was presented by USVA to IDVA on November 19, IDVA said that day they were interested in additional help and began discussions regarding the scope of work and began the process to formalize the request for an intergovernmental agreement. Conversations between the USVA and IDPH doctors took place as the intergovernmental agreement was put together and was formally submitted to USVA on November 27.
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* From Jeff Wilhite at the Sangamon County Department of Public Health…
Rich,
If you’re interested, below are details from the recent public health related court hearing in Sangamon County.
A lawsuit filed by a Thayer bar against the Sangamon County Department of Public Health on November 25th was thrown out Wednesday afternoon. Represented by Attorney Thomas DeVore, Brewzrz Pub claimed that the Public Health Department violated Illinois law by suspending its food license on November 19, 2020 as a result of the bar’s failure to comply with Sangamon County’s Covid-19 mitigation restrictions prohibiting indoor dining and bar service. The bar asked the Court to order the County to reinstate its suspended food service license. The Motion to Dismiss filed by Sangamon County State’s Attorney, Dan Wright, characterized the arguments in the suit against the County as “devoid of merit” and amounted to “analytical snake oil in the midst of a deadly global pandemic which continues to surge in Sangamon County.” In dismissing the case, Sangamon County Judge Gail Noll found that the suit failed to state a valid claim under Illinois law and did not establish a likelihood of success on the merits.
Excerpts from the Motion to Dismiss from State’s Attorney Dan Wright
Plaintiff’s arguments are devoid of merit and amount to analytical “snake oil” in the midst of a deadly global pandemic which continues to surge in Sangamon County. The Court should reject Plaintiff’s erroneous arguments, deny the Motion for Temporary Restraining Order and dismiss the Complaint with prejudice.
Plaintiff failed to exhaust administrative remedies under the plain language of Section 5.20.080 (Suspension of Permits) which requires a petition to the Sangamon County Board of Health to “request a hearing for abatement of the order” which suspended Plaintiff’s food permit. See Sangamon County Code, Section 5.20.080. Plaintiff did not file a petition to request a hearing before the Board of Health. Moreover, Plaintiff has failed to “make application for a reinspection for the purpose of reinstatement of the permit” under Section 5.20.090 (Reinstatement of Permits).
Section 2 of the Department of Public Health Act provides the procedures that the Department must adhere to when “a person or group of persons [is] to be quarantined or isolated” or it orders that “a place [must] be closed and made off limits to the public to prevent the probable spread of a dangerously contagious or infectious disease.” 20 ILCS 2305/2(b-c) (emphasis added). Specifically, Section 2 requires that:
… [N]o person or a group of persons may be ordered to be quarantined or isolated and no place may be ordered to be closed and made off limits to the public except with the consent of the person or owner of the place or upon the prior order of a court of competent jurisdiction. Id.
Contrary to the repeated, unsupported, and conclusory allegations of the Complaint, neither the November 10 Notice nor the November 19 license suspension purport to require Plaintiff’s business to be “closed and made off limits to the public” for any and all purposes as required to trigger the procedural and substantive requirements of 20 ILCS 2305/2. Plaintiff’s bald assertions that the actions of Defendants “made [Plaintiff’s premises] off limits to the public” are unsupported by any allegations of specific facts. Complaint, ¶¶ 8-9, 11, 16, 19-20, 23-24, 26-27, 29, 31, 34, 36. Plaintiff simply invites the Court to join it in making the misguided analytical leap that suspension of a food license pursuant to the Sangamon County Code somehow equates to a closure order under the Public Health Act.
The November 10 Notice merely notified food service license holders of conditions found to constitute a “substantial immediate hazard to the public health” under Section 5.20.080 of the Sangamon County Code, e.g. indoor dining. The November 10 Notice did not, in any manner, make the premises off limits to the public for any other food service purposes such as outdoor dining, carry-out, or curbside service. The November 19 Notice of Violation attached to the Complaint as Exhibit “B” which suspended Plaintiff’s food service license merely prohibits food service without a valid license (“Permit suspended at time of inspection and all food service operations are to be immediately discontinued.”). It did not order the physical closure of the premises and make them off limits to the public for any and all purposes as would a “closure order” under the Public Health Act. Any complete closure of the premises was voluntary as a matter of law and not compelled by actions of Defendants.
For example, Defendants do not have jurisdiction over Plaintiff’s local liquor license which is subject to the authority of the Illinois Liquor Control Commission and the Liquor Commissioner for the Village of Thayer. Put simply, unlike a closure order under the Public Health Act, Defendants’ suspension of Plaintiff’s food service license did not make the premises off limits to the public or prohibit any lawful use of the premises other than unlicensed food service.
While Defendants’ actions were not premised upon any gubernatorial executive order, the Appellate Court recently held that Governor JB Pritzker’s Executive Order No. 2020-61 did not implicate “section 2(c) [of the Public Health Act] because its measures were not tantamount to quarantine orders, isolation orders, or business-closure orders. Instead [the Governor’s Executive Order] prescribed guidelines that restaurants must follow to safely operate while a region’s [COVID-19] positivity rates exceed state guidelines.” Fox Fire Tavern, LLC v. Pritzker, 2020 IL App. (2d) 200623, ¶41 (emphasis added) (citing Cassell v. Snyders, 458 F. Supp. 3d 981, 1002 (N.D. Ill. 2020) (holding that restrictions on large gatherings do not amount to orders of quarantine, isolation, or business closure)).
In Cassell, the Court succinctly articulated the threshold issue in the current case, stating:
Plaintiffs invoke Illinois’s Department of Health Act, 20 Ill. Comp. Stat. 2305/2(a). Under that Act, the “State Department of Public Health [or local public health authority]… has supreme authority in matters of quarantine and isolation.” Id. § 2305/2(a). Before exercising its authority to “quarantine,” “isolate,” and make places “off limits [to] the public,” however, the Department must comply with certain procedural requirements. Id. § 2305/2(c). As Plaintiffs see it, the Act vests the Department with the exclusive authority to quarantine and isolate Illinoisans, making Governor Pritzker’s orders ultra vires. The problem for Plaintiffs is that the challenged Order does not impose restrictions that fall within the meaning of the Act.
Just as in FoxFire and Cassell, the Defendants’ actions in the current matter “were not tantamount to quarantine orders, isolation orders, or business-closure orders” and did “not impose restrictions that fall within the meaning of the Act.” Id. Plaintiff cannot escape the reality that no action by O’Neill or the Department made its premises entirely “off limits to the public” for any and all purposes as necessary to apply the requirements of Section 2 of the Public Health Act. The Complaint contains insufficient facts to permit the Court to reach any other conclusion. Indeed, Plaintiff cannot ethically allege any set of facts that would permit the Court to find Defendants’ actions imposed restrictions that fall within the meaning of Section 2 of the Public Health Act. Id. Accordingly, the Complaint must be dismissed pursuant to Section 2-615.
Plaintiff ignores the legal reality that review of acts of administrative discretion, such as the November 10 Notice and November 19 license suspension under Section 5.20.080, is highly deferential. Bigelow Group, Inc. v. Rickert, 377 Ill. App. 3d 165, 174 (2d Dist. 2007). “The ‘arbitrary or capricious’ standard must be applied in light of the limited purview prescribed the judiciary by the separation of powers doctrine—the judiciary must limit itself to infringing on official discretion only where that discretion can be shown to have violated the law.” Id. at 174. Put another way, “arbitrary and capricious” review is a “single inquiry into the legality of the official decision.” Id. It is “the most deferential standard of review—next to no review at all.”
The November 10 Notice was lawfully issued as a finding of the Board of Health through its authorized representative in response to a public health emergency. Defendants’ actions were undertaken in direct reliance upon the expert recommendations of the BOH Physicians Advisory Group and in compliance with pre-existing Sangamon County Code provisions governing food service establishments, i.e. Section 5.20.080. Accordingly, the Defendants’ actions were not - under any good faith interpretation - arbitrary, capricious, or ultra vires as erroneously alleged by Plaintiff.
DeVore said he’d appeal the ruling on Greg Bishop’s radio show today. He said he’d go all the way to the US Supreme Court if need be.
* Greg asked DeVore whether he’d paid the $1,000 bounty of footage of Pritzker celebrating Thanksgiving with friends and family. As you know, I posted a photo of Pritzker and his wife on a Zoom chat during Thanksgiving dinner. DeVore’s response…
Well one, I want to clarify that. The thousand dollars that I offered for footage from a journalist to take a picture of the governor should they see him out celebrating with friends and family. Friends and family being a generic term. I didn’t even know he had kids until I put that out. So he has kids, OK, I don’t care about that. But no, I didn’t pay it out because, again, you know I was looking for the governor. He’s using the word bounty, I didn’t use the word bounty. But no, I didn’t pay it out.
* DeVore was also asked about whether it was time to stop filing lawsuits since he’s losing so many of them…
If they think that any of this is going on is about winning or losing lawsuits, the people that say that need to consider if they’re as intelligent as they think they are. This isn’t about winning lawsuits. If I want to win lawsuits, Greg, and that’s the goal and not to protect people, I’ll go into the federal court. It’d be a lot easier.
You can’t protect people by losing countless lawsuits. You can only give them false hope.
…Adding… From comments…
Also, just to point out, (1) Devore fought like crazy to keep Bailey’s case out of federal court when the AG tried to remove to federal court, and (2), his only “wins” have occurred in state court.
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* From Sabato’s Crystal Ball…
* And here they are side-by-side for an easier comparison…
Don’t get hung up on the Durbin reference in comments. This isn’t really about him. It’s about how the state has changed and what the trends look like. Yes, the Democratic Party has a whole has to reverse the trend in small Downstate cities, but the statewide vote is in the city and the suburbs and the Republicans are just getting slaughtered.
You already knew that, of course, but the map is a good illustration.
* Narrative…
Durbin was first elected to the House in 1982, representing a Downstate district in between the Springfield and St. Louis areas. When another fellow Downstate Democrat, then-Sen. Paul Simon, retired from the Senate in 1996, Durbin ran for the seat, and he carried most counties south of St. Louis. As those demographically whiter and more rural counties have drifted Republican in past decades, Durbin’s coalition has increasingly become more urban and suburban.
This year, other than narrowly losing McHenry County, he carried every county that touches Chicago’s Cook; these formerly-Republican suburban counties are known collectively as the Chicago’s Collar Counties. In 1996, he lost the largest collar county, DuPage, by 10 percentage points — last month, Durbin got the same 55% there as he did statewide.
Durbin held a smattering of Downstate counties, but this seems like more a sign of his strength with white collar academics than blue collar workers — aside from St. Clair County in the St. Louis metro area, with its large Black population, every county south of Peoria that he won last month is home to a major university: Champaign (University of Illinois), McLean (Illinois State University) and Jackson (Southern Illinois University).
To be fair, Durbin did perform relatively well, compared to Biden, in the counties that made up his old congressional district. In rural counties such as Brown, Calhoun, and Macoupin, he ran double-digits ahead of the national ticket — but often, it was a case of Durbin polling in the 30s, compared to Biden, who was in the 20s.
…Adding… Tribune…
* How did your neighbors vote for president, Senate and the graduated-rate income tax amendment? Search our city and suburban map to find out.
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* From The Hill…
“The first question was, is there a clear and unwavering group that will keep Madigan from getting 60 votes,” said Rep. Bob Morgan (D), one of the 19 who has said he will not support the incumbent. “I think that question has been answered — the answer is yes.” […]
The result of a deadlocked House, observers said, could be months of chaos if Madigan refuses to concede — at a time when a global pandemic has sickened nearly three quarters of a million Illinoisans and killed more than 13,000.
“A lot of us want to pass comprehensive social equity reforms or combat climate change or support small business that’s suffering. We have a massive budget problem at the moment,” Morgan said. “And we can’t deal with that when there’s an individual who believes that his power is the most significant question in the state.”
Ouch.
* More…
The problem the recalcitrant Democrats face, though, is that no alternative candidate has yet emerged. Up to a dozen members may be considering their own bids if Madigan surrenders, and a battle over the Speakership would expose faults among a Democratic caucus divided by race, ideology and generational lines.
“There’s not yet agreement about who should replace him, or even a front-runner,” Simpson said. “It’s going to be a free-for-all because there’s no obvious person who’s declared.”
My own opinion is that if this challenge succeeds, the next House Speaker will likely not be among the 19 declared opponents. It’ll come from the 50 or so people who have pledged their support. But that can’t happen until either Madigan steps aside or until one of those 50 figures out how to put something together on the side and then present Madigan with an ultimatum.
* Meanwhile, there are a lot of rumors floating around right now, but this may be the least believable one…
The buzz quickly shifted to whether Gov. J.B. Pritzker had anything to do with her decision given Willis’ husband, Tom Willis, was appointed by the governor to serve on the state’s Labor Relations Board. He did not, said Willis in a text to Playbook: “Governor was never informed or consulted regarding my decision.”
The governor is not going to play that game yet.
…Adding… Forgot to post this from the chair of the special investigation committee…
…Adding… From Durkin’s comments…
“I’m asking him to leave the General Assembly,” said Durkin. “All roads in this massive and wide scandal lead to Speaker Madigan. Speaker Madigan under no circumstances can continue to serve.”
Two other Republicans, Reps. Tom Demmer of Dixon and Deanne Mazzochi of Elmhurst, called on Madigan to at least testify before a special House panel about his involvement with ComEd. […]
Durkin says he was not aware of what his chief of staff may have done, but that he personally has not sought jobs. Regardless, he continued: “This is not about hiring recommendations. It’s about a nine-year hiring scandal.”
Based on court documents, Durkin said he believes further indictments against other people are on the way, but he gave no specifics.
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*** UPDATED x1 *** Question of the day
Wednesday, Dec 2, 2020 - Posted by Rich Miller
* December is the time for two holiday traditions at the ol’ blog: 1) Fundraising for Lutheran Social Services of Illinois; and 2) our Golden Horseshoe Awards.
LSSI is such an important part of Illinois, particularly in a year like this. They run a Therapeutic Foster Care program for children with histories of severe trauma and emotional/behavioral needs. They do home care for senior citizens. They have a free mental health crisis program. They collect Christmas presents for foster kids. And so much more.
So, please, click here and donate today. I’ll match the first $1,000.
* Now, about the Golden Horseshoe Awards. Since there was basically no session this year, I’m not sure that many of our categories are even relevant (best restaurant, bars, waitstaff, legislators, lobbyists, etc.). So, what would you like to do? Which categories do you think would be most appropriate? And, remember, these awards are for achievement. We don’t waste our time on negativity. No snark allowed.
My own thoughts are that we give the best agency director award to Dr. Ezike and give a huge shoutout to all the staff who have kept everything together during these crazy times and call it a day. Your thoughts?
And while you’re mulling over your answer, please click here and donate to Lutheran Social Services of Illinois. Thanks!
*** UPDATE *** We’ve already reached $1,000 so I’ve matched it as promised (unlike Tom DeVore, I keep my donation promises). Let’s keep going!
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* WBEZ…
Durkin said he is appealing to 15 “reform-minded” House Democrats to vote for him for House Speaker as more members of Madigan’s caucus gradually come forward to say they will not be voting for him to remain as speaker after January’s inauguration. He said Republicans will not be supporting a Democrat for speaker.
Leader Durkin made that comment after Michael McClain, Anne Pramaggiore, John Hooker and Jay Doherty entered “not guilty” pleas at their arraignment today.
*** UPDATE 1 *** Going about as well as I expected…
*** UPDATE 2 *** Durkin’s comments appear to have given MJM opponents something to bond with…
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* Back in August, the Illinois Supreme Court consolidated two Clay County cases and handed them to Sangamon County Judge Raylene Grischow. Attorney Tom DeVore was an attorney of record in both - defense in Pritzker, et al. v. Board of Education of Hutsonville (a school district which refused to abide by masking and other state rules) and for the plaintiffs in Mainer, et al. v. Illinois Department of Public Health (tanning salon owner challenging the legitimacy of the executive orders).
Judge Grischow issued an order yesterday and it’s a doozy. The state’s most esteemed COVID attorney got his head handed to him on procedural and legal grounds. Let’s start with this…
Despite the Court’s order that a written response to the motion be filed, the defendants in Hutsonville - the Board of Education of Hutsonville CUSD No. 1, Christian Child Development Corporation, and Parkview Christian Academy, Inc. (the “‘Hutsonville Defendants”)- and the plaintiffs in Mainer - James and Kali Mainer (together with the Hutsonville Defendants, the “School Parties”) - elected to forego a written response. Instead, they orally opposed the State Parties’ motion at a hearing held on November 16, 2020.
* This whole thing was a procedural mess…
First, the Illinois Code of Civil Procedure requires that when a complaint is verified, “every subsequent pleading must also be verified, unless verification is excused by the court.” 735 ILCS 5/2-605. Here, the Hutsonville complaint is verified; the defendants’ answer is not. The Court did not excuse verification, and the Hutsonville Defendants did not seek leave to amend their answer in order to comply with the verification requirement. Section 2-605 requires that once a pleading is verified in accordance with the act, “every subsequent pleading must also be verified unless verification is excused by the court.” 735 ILCS 5/2-605. When a subsequently field pleading is not properly verified in accordance with the act, “it is as if the unverified pleading was never filed; it must be disregarded.” … The Hutsonville Defendants are thus deemed to have admitted all well-pleaded facts alleged in the State Parties’ complaint.
And…
Second, in paragraphs 1-2, 9-10, 16-26, 32, 35-37, 39, 43–44, and 49 of their unverified answer, the Hutsonville Defendants state that they are without sufficient information to either admit or deny the State Parties’ allegations. When defendants are without sufficient information to admit or deny an allegation in a pleading, they must “attach[] an affidavit of the truth of the statement of want of knowledge ….”735 ILCS 5/2-610(a). The Hutsonville Defendants did not attach the required affidavit to their unverified answer. Therefore, even if the answer were verified, these particular allegations of the complaint would be deemed admitted.
And…
Third, in paragraphs 27-31, 34, 38, 40–42, 45–48, and 50-54 of their unverified answer the Hutsonville Defendants state that the allegation “speaks for itself.” But ‘”[t]he failure of a defendant to explicitly deny a specific allegation in the complaint will be considered a judicial admission and will dispense with the need of submitting proof on the issue.”‘
The judge said she could’ve dismissed the whole thing right there, but couldn’t resist the fun of chasing DeVore just once around the parking lot and proceeded to deal with the substantive issues.
* For example…
The School Parties do not identify any disputed material facts relating to the pleadings in either Hutsonville or Mainer. The parties thus agree that there is no genuine issue of material fact relating to the State Parties’ motion for judgment on the pleadings. As a result, the only question here is a legal one: whether the Governor’s executive orders requiring schools to comply with certain public health measures associated with in-person instruction, and the Guidance issued jointly by the Illinois State Board of Education (”ISBE”) and the Illinois Department of Public Health (”IDPH”) detailing those measures (see Hutsonville Complaint, Exhibit 1), were lawfully issued and enforceable. The Court previously answered that question in the affirmative, and sees no reason to change its view. See August 18, 2020 Hutsonville Order Granting Temporary Restraining Order (”TRO Order”).
Oops.
* More from a footnote…
Counsel for the School Parties conceded at the November 16, 2020 Hearing that the existence of a disaster under Section 4 is not disputed.
Um. Nice move, dude.
* Statutory authority…
A comprehensive reading of the IEMAA supports the conclusion that the legislature did not intend to limit the Governor’s authority [to only one 30-day executive order per disaster].
And she referenced the bills passed by the General Assembly in May…
The legislature recognized the Governor’s authority to issue successive disaster proclamations when they amended the Unemployment Insurance Act, the Sexual Assault Provider Emergency Treatment Act, the Township Code, and the Election Code.
* Concessions have consequences…
In addition to this statutory authority, the Governor has constitutional authority under Article V, § 8 of the Illinois Constitution to take action to protect the public health. The United States Supreme Court more than a century ago in Jacobson v. Massachusetts, 197 U.S. 11 (1905), developed a framework by which to evaluate a State’s exercise of emergency powers during a public health crisis. The Court may take judicial notice of the fact-not disputed by the School Parties-that Illinois is in the middle of a public health crisis as outlined in Jacobson.
Accordingly, unless the action taken by the State Parties bears “no real or substantial relation” to the protection of public health, or is “beyond all question, a plain, palpable invasion of rights secured by the fundamental law,” neither this Court, nor any vocal citizen or school district has the authority to second guess the policy decisions made by the executive in responding to the emergency. . The Governor’s Executive Orders, as well as the Guidance, have a real or substantial relation to the protection of the public health and the public safety by attempting to minimize the spread of this deadly virus.
* And then comes the real beat-down…
The State Parties’ Motion for Judgment on the Pleadings is granted in its entirety as to both Mainer, et al. v. Illinois Department of Public Health, et al. (No. 20-CH-13) and Pritzker, et al. v. Board of Education of Hutsonville CUSD No. 1, et al. (No. 20-MR-557).
A judgment on the pleadings is similar to summary judgment. It’s explained in the ruling.
* And for good measure…
The Hutsonville Defendants are ordered to comply with the Governor’s Executive Orders and Guidance which applies to all public and nonpublic schools in Illinois serving prekindergarten through 12th grade students. This Guidance includes, but is not limited to:
a. Requiring the use of appropriate personal protective equipment (PPE), including face coverings;
b. Prohibiting more than 50 individuals from gathering in one space;
c. Requiring social distancing be observed, as much as possible;
d. Requiring schools to conduct symptom screening and temperature checks or require that individuals self-certify that they are free of symptoms before entering school buildings;
e. Requiring an increase in schoolwide cleaning and disinfection; and
f. Following any requirements as outlined in the Guidance as well as any changes that occur as a result of changing public health conditions.
This is a final judgment pursuant to Illinois Supreme Court Rule 304(a) and there is no just reason for delaying either enforcement or appeal or both of this Judgment Order.
[Link has been fixed. Sorry about that.]
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