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Fox Fire restaurant appellate decision is now legal precedent

Monday, Nov 16, 2020 - Posted by Rich Miller

* As I told you last week, the Pritzker administration asked the 2nd District Appellate Court to “publish” its opinion on the Fox Fire restaurant case upholding the IDPH mitigation rules. Publishing the case would make the decision legal precedent.

Well, on late Friday the court did just that. Click here for the published decision.

More background is here if you need it.

* Meanwhile, from a recent Decatur Herald & Review editorial

There’s scant evidence that open restaurants have led to any of the increases in COVID-19 positives.

Um, from a Wall Street Journal article

Researchers from Stanford University and Northwestern University have used the mobile-phone data of 98 million Americans to model how the virus spread during the first wave of Covid-19 in the spring.

The study, published in journal Nature this past week, showed that restaurants, gyms, hotels, cafes and religious organizations carried the biggest risk of spreading infections.

* On to the Illinois Municipal League. I’m not sure why they’re complaining about lack of help with enforcement. Do they ask for state assistance to deal with shoplifters, too? Just enforce the law. How difficult is that to do?…

The Illinois Municipal League (IML) is calling on Gov. J.B. Pritzker’s Administration to convene a working group comprised of mayors and other local officials to better coordinate coronavirus response efforts at the community level as cases surge across Illinois.

Since April, mayors across Illinois have repeatedly asked to be included in the process of developing mitigations and enforcement measures. A lack of communication from the state as well as little support in enforcing mitigation measures has frustrated mayors who are seeking to protect their communities but have been met with resistance. A more collaborative approach will help ensure the state is better informed of local issues caused by the pandemic, including challenges related to mitigation compliance, and will help promote a more effective community-level response by ensuring local officials are apprised of the latest data driving mitigation efforts.

“We have consistently advised all municipal leaders to abide by health guidelines issued by the Illinois Department of Public Health and the Centers for Disease Control and Prevention. However, there is a clear need for additional collaboration,” said Brad Cole, IML Executive Director. “The governor has called for an ‘All-in’ approach to address this crisis yet has rebuffed requests to work hand in hand with local officials to implement solutions that protect our residents. Simply blaming mayors for rising cases does nothing to address the underlying issues preventing more effective mitigation results, including distrust of state mandates among residents and the need for state and county enforcement of mitigation measures. It is time for the state to work together with mayors, not just point fingers at them, to stem this rising tide.”

Most cities, towns and villages have a limited set of tools when it comes to implementing coronavirus mitigation measures. For instance, they have no control over food licenses. It falls on the individual county public health departments to revoke an establishment’s food license for failing to abide by mitigation measures. And county state’s attorneys have the sole authority to prosecute violations of state laws and orders.

Further, many mayors are limited in their enforcement authority because they oversee non-home rule communities, where they are only able to put in place measures specifically allowed by state statute. There are 1,081 non-home rule communities in Illinois, compared to 217 home rule communities, which have more discretion to set their own stricter regulations or impose those outlined in the governor’s executive orders.

While mayors have been told by the state to refer enforcement issues to the county public health departments or state police, there has been little follow up by those entities. This has led to uneven compliance across our cities, villages and towns where some individuals and businesses are abiding by mitigation efforts, but others are blatantly disregarding state and local orders while facing no consequences. Confusion over how data is analyzed by the state has also made it difficult for mayors to explain to residents why additional mitigation efforts are required and why they are only applied to certain professions or specific aspects of the service economy.

“These sorts of inconsistencies have caused some residents to question all mitigation efforts, making it even more difficult for local officials to receive compliance with safety regulations,” said IML President Ricky J. Gottman, mayor of Vandalia. “We will keep asking our residents and businesses to comply with state mandates, but we must work together to put in place effective mitigation strategies to protect our communities and the wellbeing of everyone across the state.”

Um, one big reason why there is “distrust of state mandates among residents” is because so many local officials constantly scoff at the state. Before he caved to reality, Springfield’s mayor was confidently saying that the IDPH mitigations wouldn’t work, without citing a single source.

Also, I’ve asked about this non Home Rule bit. Can’t they just enforce state law?

* Sangamon County is finally taking action instead of belly-aching

Sangamon County Public Health officials have suspended the food permits of five Springfield-area restaurants for defying pandemic restrictions and continuing indoor service.

A Sangamon County spokesman told WAND News the action was taken against Charlie Parkers, D&J Cafe, Fox Run, Sweet Basil Cafe and Casa Real.

WAND News learned from county officials that three of the businesses, D&J Cafe, Sweet Basil Cafe and Fox Run, were cited Friday. All received citations for allowing indoor dining.

Each business was fined $500.

…Adding… Contrast that whiny can’t-do IML statement with this one from the Metropolitan Mayors Caucus…

The 275 Member Mayors of the Metropolitan Mayors Caucus called upon residents and businesses today to commit to some common sense steps to help the Chicago region flatten the COVID-19 curve for the second time.

Acknowledging the need to combat the exponential increases in COVID cases across Chicagoland and the State in recent weeks, regional Mayors ask area residents and businesses to take the following actions for at least the next three weeks or until the rate of infection consistently declines:

    • Continue to comply with regulations to wear face coverings whenever you are indoors at a public place or outdoors encountering people outside of your immediate household. The Center for Disease Control reinforced the importance of facemasks last week, saying they protect both the wearer and individuals they may encounter;
    • When leaving home, continue to practice social distancing by always staying 6-feet apart from others;
    • Continue to wash hands or use hand sanitizer often. Avoid touching surfaces frequently touched by others and keep your hands off your face;
    • Consider limiting trips outside your home to going to work, attending school, and obtaining vital goods and services, such as medical care, food, or household essentials;
    • Limit gatherings to no more than 10 persons – and remember it is safest to only associate with members of your own household;
    • If possible, avoid all non-essential travel.

Most of the requested actions are strategies recommended to residents since the pandemic began. These strategies are still on the regional Mayors’ recommendation list because of their history of successfully reducing coronavirus transmission. Newer recommended actions such as limiting trips and gatherings are consistent with those proposed by area public health officials. While each of our 275 member municipalities is unique, they all agree that it is critically important that we come together in the days and weeks ahead to combat the coronavirus pandemic. Endorsing these strategies is one of the most coherent methods for dealing with the current increase of positivity results

“We are at a critical point in the fight against the pandemic. This second wave requires serious attention from all of us,” said Mayor Joseph Tamburino, Mayor of the Village of Hillside. “Everyone needs to step up right now to bend the curve downward, save lives and help our businesses remain open or in some cases, to re-open.”

“These are common sense actions that we strongly urge all residents to take,” said Highland Park Mayor Nancy Rotering. “It is incumbent upon each of us to take personal responsibility to stop the spread of this virus. The sooner everyone consistently follows these steps, the better chance we have of reducing the rate of infection, keeping our local economies going and avoiding a complete shut-down.”

  48 Comments      


Chuy Garcia holds an important key

Monday, Nov 16, 2020 - Posted by Rich Miller

* My weekly syndicated newspaper column

With the announcement by Rep. Bob Morgan, D-Deerfield, earlier this month that he will not vote to re-elect Illinois House Speaker Michael Madigan in January, the opposition numbered eight House Democrats, with at least a few more privately leaning their way.

They’ll need 13 or 14 Democrats, depending on final general election results, to deprive Madigan of the speaker’s gavel. So, they may need some help to get over the hump.

And there’s one person outside the House who may have enough votes to tip the balance either way.

And, no, it’s likely not Gov. J.B. Pritzker. Not yet, anyway

Pritzker controls no votes in the House. He can’t just push a button and make something happen in that chamber.

Perhaps if he had followed through on his 2018 promises to supplant the moribund state party with a true statewide political organization for all Democrats at all levels, he might have some buttons to push. But he didn’t, and the pandemic intervened and here we are.

Whatever the case, a governor directly confronting the House Speaker has never worked here. Others have tried. All have failed. A governor’s opposition would, as it has in the past, give Madigan something external and concrete to push back against in order to distract from his internal problems.

And if Pritzker’s effort to dislodge Madigan failed, so would the remainder of his legislative agenda. Not to mention that Pritzker certainly hurt himself when he not so subtly threw resources Sen. Kimberly Lightford’s way during her unsuccessful run for Senate President almost a year ago. Once bitten, twice shy.

There is definite pressure on Pritzker to act, though. As the saying goes, “governors own,” so he’ll wear the jacket in 2022 if Madigan is still standing and remains as spectacularly unpopular as he is today.

Maybe Pritzker could quietly do something at the very end to make it happen if the opposition is still slightly short, but don’t expect anything before that unless something major happens with the federal investigation into the House Speaker’s operation. But if Pritzker swings and misses, Madigan will still be around, Pritzker won’t get anything accomplished and the voters will not be pleased.

The dude spent a zillion dollars to get elected governor only to find himself in a dozen trick bags. Welcome to Illinois!

The one person outside the House who could make a real and immediate difference is U.S. Rep. Chuy Garcia. As I’ve told you before, Garcia, the Chicago Teachers Union and Madigan came to an understanding not long after Garcia, with the CTU’s backing, lost the city mayor’s race in 2015. Madigan’s 13th Ward carried Mayor Rahm Emanuel to victory, but that took an extraordinary amount of work in Madigan’s Latino-dominated area. Better to just cut a deal.

Since then, one after another of Congressman Garcia’s close allies have been elected or appointed to the General Assembly.

There are probably no better examples of this than in Madigan’s own neighborhood. Garcia ally Celina Villanueva was appointed to the House in the summer of 2018 when Madigan loyalist Rep. Silvana Tabares was appointed to the Chicago City Council in the neighboring 23rd Ward. Rep. Villanueva then ran unopposed in a special election to replace resigned Sen. Martin Sandoval (Madigan’s senator) and Garcia’s congressional aide Edgar Gonzalez was appointed to Villanueva’s House seat. In between, Madigan successfully supported another Garcia staffer for a Cook County Board slot over Sandoval’s daughter.

Congressman Garcia has significant influence over at least three Chicago Democratic House members (Gonzalez, Aaron Ortiz and Delia Ramirez). But if he makes a strong statement either way on Madigan, several other progressives in the chamber could very well follow his lead.

Garcia, by the way, is also a member of Madigan’s state party central committee. A few committee members have spoken out against Chairman Madigan, but Garcia has a stronger political organization and a larger public platform. He could make a real difference there, too,

But a deal is a deal and, in the long term, Garcia has the better end of it. Madigan gets peace and Garcia gets more of his people into influential positions every time there’s a path (or close to it, like when Madigan tried unsuccessfully to block Eva-Dina Delgado’s appointment to the House this year after Garcia and the CTU supported someone else).

And that probably explains why Congressman Garcia isn’t returning my phone calls and texts these days to ask what he’s planning to do about all of this.

…Adding… Congressman Garcia didn’t respond to the Sun-Times, either

Five members of the [Democratic state central committee] — including a congresswoman and a newly elected countywide official — are openly calling for Madigan to step down.

Four others — including the Cook County clerk — see no need for new leadership.

What the other 27 are thinking is a mystery, since they didn’t respond to the Sun-Times’ requests for comment.

  21 Comments      


*** LIVE COVERAGE ***

Monday, Nov 16, 2020 - Posted by Rich Miller

* Follow along with ScribbleLive


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GOMB five-year forecast projects $4.2 billion deficit, $33.2 billion bill backlog and $2 billion in increased pension and education costs by FY2026

Friday, Nov 13, 2020 - Posted by Rich Miller

[Comments now open]

* Press release…

Despite making substantial progress on Illinois’ fiscal challenges in Fiscal Year 2020, the ongoing coronavirus pandemic has resulted in unexpected and dramatic revenue losses, and Illinois will also continue to face significant financial challenges until it finds a long-term solution to its long standing structural deficit, the annual Economic and Fiscal Policy Report from the Governor’s Office of Management and Budget concludes.

As a result of these recent challenges and with the option for a graduated income tax now off the table, the Governor’s Office of Management and Budget is projecting sizeable deficits in the General Funds budget for fiscal years 2022 through 2026. Without changes to the current trajectory of the state’s finances, year-end accounts payable will continue to grow year by year, the report states.

And then it goes on.

Click here for the full report.

* We’ll go through it Monday, but here’s the actual projection

So, the backlog is projected to equal 69 percent of total expenditures by FY26.

Great.

Also, nothing like dropping horrific fiscal news on a late Friday afternoon. Thanks, GOMB.

  12 Comments      


*** UPDATED x1 *** Pritzker announces he’s extending eviction ban, but with a small catch

Friday, Nov 13, 2020 - Posted by Rich Miller

* The governor announced today that he would be extending the state’s eviction moratorium by another 30 days

But landlords and property owners are a crucial part of Illinois housing cycle, just as much as renters, and they deserve protection, too.

So with input from smaller landlords and property owners, this new moratorium will ensure that the rents are paid by tenants who may have been taking advantage of the eviction moratorium but are in fact able to pay to make their monthly rent payments in line with the CDC eviction ban on renters, who have earned no more than $99,000 in annual income or $198,000 as joint filers for this calendar year are covered under this extension.

Renters who are unable to pay will be required to submit a declaration form to their landlord certifying that they are unable to pay their rent due to the substantial loss of income or an increase in out of pocket expenses stemming from the pandemic. This form will be available on the Illinois Housing Development Authority website for easy access.

Please pardon all transcription errors.

*** UPDATE *** Press release…

The following statement can be attributed to Michael Mini, executive vice president of the Chicagoland Apartment Association:

“We are grateful that Governor Pritzker has fine-tuned his residential eviction moratorium rules so landlords are not taken advantage of by tenants who withhold rent payments without cause or demonstrated financial losses due to COVID-19. In tens of thousands of instances, landlords are working with tenants in offering extended grace periods and manageable payment plans. The amended eviction moratorium announced today by Governor Pritzker provides for greater accountability by non-paying bad actors who have refused to communicate with their landlords to demonstrate their need for assistance, enabling landlords to better assist tenants truly in need.

The pandemic indeed threatens the financial viability of both tenants and landlords across Illinois as we all face unprecedented pressures. We need more federal funding to ensure renters experiencing hardships can keep paying their rent and property owners can cover their operating costs and maintain safe living conditions for their residents. We join the call in urging members of the Illinois delegation to proactively push for another federal government relief package.”

  10 Comments      


*** UPDATED x1 *** Developer who secretly recorded Madigan pleads guilty to unrelated fraud

Friday, Nov 13, 2020 - Posted by Rich Miller

* Sun-Times

An obscure but crucial figure in the feds’ years-long investigation of public corruption in Illinois pleaded guilty to an unrelated fraud scheme Friday, six years after he secretly recorded House Speaker Michael Madigan with hopes of future leniency from a judge.

See Y. Wong admitted he scammed a bank and pleaded guilty by video to wire fraud. He did so four months after a federal subpoena sent to Madigan’s office indicated Wong’s undercover work could still be relevant to the probe roiling state politics.

In that subpoena — delivered the day the feds charged ComEd in a bribery scheme that implicated Madigan — the feds sought documents related to Chinatown properties that appear to be part of the recorded conversation Wong had in August 2014 with Madigan and then-Ald. Daniel Solis (25th).

Madigan has not been criminally charged and has denied wrongdoing. Solis later helped the feds build a racketeering case against Ald. Edward M. Burke (14th), who was first criminally charged Jan. 2, 2019. Burke’s lawyers say Solis struck a so-called deferred-prosecution agreement with the feds the next day.

Federal prosecutors first charged Wong in March, days before the coronavirus pandemic took hold in Chicago and upended the federal court system. Their seven-page charging document, known as an information, first revealed the scam that apparently prompted Wong to cooperate. It revolved around the Canal Crossing condominium development in Chinatown.

*** UPDATE *** WBEZ

Lawyers suing scandal-scarred Commonwealth Edison on behalf of the power company’s customers are accusing a consumer-advocacy group of serving as “ComEd’s lapdog,” court records show.

But the Citizens Utility Board says that is not fair — and CUB has now taken legal action itself to try to win back money for the roughly 4 million homes and businesses served by ComEd across northern Illinois.

State officials created CUB 37 years ago to act as an independent watchdog for customers of the power company and other state-regulated utilities.

Lawyers in a class-action suit in Cook County Circuit Court allege CUB instead is trying to shield ComEd, which has admitted to bribing Illinois politicians as it won electricity-rate increases and other lucrative legislation in Springfield during the past decade.

  4 Comments      


Question of the day

Friday, Nov 13, 2020 - Posted by Rich Miller

* The Illinois Farm Bureau was quite active in the battle against the graduated income tax

Illinois Farm Bureau President Richard Guebert Jr. described how Illinois farmers and rural residents will suffer if voters approve a state constitutional amendment in November.

During a virtual press conference Tuesday, Guebert joined three other organization leaders of a statewide coalition against the Progressive Tax Amendment.

“After seven years of a depressed farm economy, we don’t need another tax increase,” Guebert told FarmWeek. “It’s hard enough to keep the bills paid and to be as profitable as possible.”

The proposed tax only applied to income above $250,000, so economically depressed farm-owners wouldn’t pay an extra dime, but you already knew that.

* More

“The new tax structure is supposed to pay for our public schools, social services, public safety, and the list goes on and on,” [Guebert] wrote. “However, we know it will be spent in two places: our state’s exorbitantly high pension costs and debt obligations. The government created these two problems, not us taxpayers. We, taxpayers, have done our jobs; we are law-abiding, taxpaying citizens. We should not have to pay to fix the politicians’ mess.”

* As long as we’re talking about taxpayers, farmers get a ton of tax breaks.

Let’s start with their sales tax exemptions. Inputs like seeds, fertilizer and livestock feed and stuff like, um, bull semen, are exempt from sales taxes (click here.) Farm chemicals, farm machinery and equipment, all-terrain vehicles, repair or replacement parts and leased leased equipment are also exempt from taxation (click here).

State property tax law

Most property is assessed at 33 1/3 percent of its fair market value.

Farmland is assessed based on its ability to produce income (its agricultural economic value). A farm building is assessed at one-third of the value that it contributes to the farm’s productivity.

There are even lower rates for other types of farmland (click here).

* The Question: Should the state end its agriculture tax breaks? Explain your answer in comments, please.

[Poll has been removed because it’s obviously being manipulated.]

  86 Comments      


Yes, Crain’s, let’s all pretend that everything is fine and dandy

Friday, Nov 13, 2020 - Posted by Rich Miller

* Wheaton…


* Press release

November 12, 2020

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS 219 SOUTH DEARBORN STREET CHICAGO,ILLINOIS 60604 NOTICE OF PARTIAL TEMPORARY SUSPENSION OF IN-COURT PROCEEDINGS

Dear Dirksen Courthouse and Roszkowski Courthouse Occupants:

In the last several days, there have been marked increases in the numbers of positive COVID-19 test results and hospitalizations in the Northern District of Illinois. Yesterday and earlier today, Illinois Governor Pritzker and Chicago Mayor Lightfoot responded by issuing advisories and recommendations for restrictions on travel and in-person gatherings. As you have seen in many recent letters from me, our court is not immune from the Coronavirus. A number of employees, visitors, and security personnel have tested positive.

Together with the District Court’s Executive Committee and the Restart Task Force, I am ordering restrictions on activities in our courthouses as follows: Effective at 4:30pm on Friday, November 13, 2020, the Clerk’s Office in Chicago and Rockford will close to in-person assistance until Tuesday, January 19, 2020. Clerk’s Office staff will accept filings via CM/ECF, e-mail, mail or the drop box in the lobby of the Courthouses. In addition, beginning Monday, November 16, 2020, all civil case proceedings will be held virtually. Jury trials will remain suspended until after January 19, 2020. To limit the number of individuals in the Courthouses at any time, all hearings in all civil cases will be conducted virtually, either by either via phone or video. We are drafting an order confirming these restrictions with a greater level of detail and will issue it shortly.

* And yet Crain’s Chicago Business just published this bonkers crackpot column today

It’s time for the governor to take a new approach that allows businesses to reopen fully. The people of Illinois must be allowed to return to their jobs so that they can begin the difficult task of rebuilding their lives.

Yep. Let’s start by getting those quarantined Springfield firefighters back on the job!

* Amdor takes a look at the author…


Just totally irresponsible and ridiculous.

* Crain’s editorial board, maybe…

…Adding… Maybe Crain’s should completely cave and hire this guy full time…


  39 Comments      


*** UPDATED x1 *** You missed an Oberweis loss, Rick

Friday, Nov 13, 2020 - Posted by Rich Miller

* Pearson

Democratic U.S. Rep. Lauren Underwood won her bid for a second term Thursday, narrowly defeating Republican challenger Jim Oberweis in the west and north suburban and exurban 14th Congressional District, The Associated Press declared. […]

It was the second time Oberweis, 74, failed in a bid for the seat, losing in 2008. It joins a string of losses at the federal level for the investment and dairy magnate that included unsuccessful bids for the U.S. Senate in 2002, 2004 and 2014. Oberweis also lost a 2006 bid for governor and was unsuccessful in a past bid for the state GOP chairmanship.

As a result of his bid for Congress, Oberweis could not seek reelection to the state Senate seat he has held since 2013. Jeanette Ward, a Republican seeking to replace Oberweis in Springfield, conceded her race against Democrat Karina Villa.

This was actually the third time Oberweis lost a 14th Congressional District race. This year, the 2008 general election and the 2008 special general election on March 8. The special was prompted when Denny Hastert resigned from Congress. It was the first time a Democrat had won the seat since the Great Depression.

*** UPDATE *** Sigh…


  29 Comments      


*** LIVE COVERAGE ***

Friday, Nov 13, 2020 - Posted by Rich Miller

* Follow along with ScribbleLive


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*** UPDATED x2 - Oberweis won’t concede *** AP calls it for Underwood

Thursday, Nov 12, 2020 - Posted by Rich Miller

* The counting trend was moving away from Sen. Oberweis for days, so this is unsurprising…


*** UPDATE 1 *** US Rep. Underwood…

“I am honored to be reelected to represent Illinois’ beautiful 14th District in Congress. This was a tough race under some very difficult circumstances, and I want to say thank you to my supporters, the voters, and our elections officials for their diligent work.”

“We face urgent challenges as a community and a country. I remain focused on getting results: protecting our families, ensuring a robust economic recovery, and lowering the cost of health care. Whether you voted for me or not, I pledge to represent every member of this community. That’s my responsibility, and I take it seriously. It’s a privilege to bring northern Illinois voices and values to Washington and I can’t wait to build upon all that we’ve accomplished, together.”

*** UPDATE 2 *** Travis Akin, Jim Oberweis Campaign Spokesman…

“The Associated Press calling the race in the 14th Congressional District for Lauren Underwood does not change anything in this race from a legal standpoint. Illinois election law has provisions to allow parties in a closely contested race to seek a recount to ensure that all legal votes are counted and to ensure that the final outcome is the right outcome. There are still votes that have yet to be counted. The totals at this point are unofficial totals as the race has yet to be certified. We are committed to exploring all of the legal options at our disposal and will pursue these options that are afforded our campaign under law.”

…Adding… Here’s a quickie roundup of the recount statutes

Candidate-Initiated Options :

Close vote margin required
Candidate determines how many/which precincts to recount
Contested election

Candidates “nominated, elected, or declared eligible for a runoff election” for any office may petition for a recount. However, a close vote margin is required: candidates must have received “at least 95% of the number of votes cast for any successful candidate for the same office” to be eligible for a recount. 10 ICSL 5/22‑9.1. These recounts are considered “discovery recounts,” and the results are explicitly not binding on the outcome of the election. The statutes require that the results of the examination and count shall not be certified, used to amend or change the abstracts of the votes previously completed, used to deny the successful candidate for the same office his certificate of nomination or election, nor used to change the previously declared result of the vote on a question of public policy.

Neither candidates nor voters may petition to recount precincts “exceeding 25% of the total number of precincts within the jurisdiction of the election authority.” 10 ILCS 5/22-9.1.

As noted above in “Court-Ordered Recounts,” candidates may also initiate a recount through the election contest process, in which the judge overseeing the contest may hold a hearing to determine if a recount is warranted.

For election contests, any candidate on the ballot and any write-in candidate in any election may contest the election. Candidates may also specifically request an “examination of records and equipment” as part of the contest. Unlike “discovery recounts,” the ruling resulting from an election contest is binding upon the election results. 10 ILCS 5/23 1.6a, 5/23 1.2a, 5/23-1.10a, 5/23-26 and 5/23-28.

…Adding… Chairman Madigan…

“We have won a hard-fought victory in the 14th Congressional District, and I extend my congratulations to Congresswoman Underwood. For the last week, Democratic Party of Illinois attorneys and poll watchers have worked side-by-side with State Central Committee members, including Lake County Chair Lauren Beth Gash and McHenry County Chair Kristina Zahorik, and Democratic volunteers to ensure that every vote was counted until this critical victory was final.”

…Adding… I’m told there are no court-ordered recounts for congressional races…

No Illinois court recount. Goes to the Floor of the House.

C. Congressional Office
The Federal Contested Election Act, Pub.L. No. 91-138, 83 Stat. 284 (1969), controls contests for election to federal office. See also the election contest rules for the house involved. Strict pleading requirements apply. H.R.Rep. No. 759, 94th Cong., 1st Sess. (1975); Young v. Mikva, 66 Ill.2d 579, 363 N.E.2d 851, 6 Ill.Dec. 904 (1977).

  33 Comments      


Chicago mayor issues “Stay-at-Home Advisory”

Thursday, Nov 12, 2020 - Posted by Rich Miller

* The advisory is similar to what the governor has already issued. The regulations appear to anticipate the state’s Tier 2 mitigations…

Mayor Lori E. Lightfoot, the Chicago Department of Public Health (CDPH), and the Department of Business Affairs and Consumer Protection (BACP) today launched a new citywide strategy - “Protect Chicago” - an effort to help Chicago bend the COVID-19 curve for the second time. This strategy calls on all Chicagoans to change their behavior through targeted regulations, strong messaging, and a community-based outreach strategy. If changes are not made by Chicago residents, businesses, and visitors to mitigate the spread of COVID-19, the city is on track to lose 1,000 more Chicagoans by the end of the year or even more.

“Chicago has reached a critical point in the second surge of COVID-19, demanding that we undertake this multi-faceted and comprehensive effort to stop the virus in its tracks,” said Mayor Lightfoot. “The gains we have made this past year have been the result of our willingness to work together. Even in this difficult moment, we will continue to unite as we always have for our city in order to halt the rise we’re seeing, shake out of the fatigue we’ve been experiencing, and make the crucial difference in what our future is going to look like.”

A key pillar of the “Protect Chicago” strategy will be the implementation of several regulatory measures aimed at combating the alarming rise in COVID-19 cases and hospitalizations. Chief among these new efforts is a Stay-at-Home Advisory, which calls on all Chicagoans to follow clear measures to protect their community and help us flatten the curve. Residents are strongly advised to adhere to the Advisory by following these guidelines, which will go into effect on Monday, November 16, 2020, at 6:00 a.m.:

    • Only leave home to go to work or school, or for essential needs such as seeking medical care, going to the grocery store or pharmacy, picking up take-out food, or receiving deliveries. If you do leave home, practice social distancing by staying 6 feet away from others and wearing a face covering at all times.
    • Do not have gatherings in your home with anybody outside of your household (except for essential staff such as home health care workers or educators), even with trusted family or friends.
    • Avoid all non-essential, out-of-state travel; if travel is essential, quarantining or testing negative prior to travel is required, depending on which state a traveler is originating from.
    • Comply with City and State Orders, including wearing face coverings, limiting gatherings, and mandating early closure of non-essential businesses at 11 p.m.
    • Practice social distancing and avoid touching surfaces frequently touched by others if you go outside to get fresh air.
    • Use remote modes of communication like phone or video chat instead of visiting friends or family, especially on holidays such as Thanksgiving.

In addition to the Stay-at-Home Advisory, the City is imposing new restrictions to limit meetings and social events to 10 individuals (both indoors and outdoors), which will also go into effect on Monday, November 16, 2020, at 6:00 a.m. This capacity limit applies to events such as weddings, birthday parties, business dinners/social events, and funerals, and is applicable to any venue where a meeting or social event is taking place, including meeting rooms. However, the capacity limit does not supersede industries that have specific capacity guidelines in place, which include fitness clubs, retail stores, personal services and movie theaters (generally, 40% or 50 individuals max., whichever is fewer). More information on the new restrictions can be found at chicago.gov/reopening.

“We are at a critical point in our ongoing fight against the COVID-19 pandemic,” said BACP Commissioner Rosa Escareno. “Everybody needs to step up right now to flatten the curve, save lives and help our businesses reopen safely.”

These new regulations and the Stay-at-Home Advisory will be paired with the activation of a community-based outreach strategy that aims to reach all Chicagoans, especially those who live and work in COVID-19 hotspots, which are currently on Chicago’s Northwest and Southwest Sides. The “Protect Chicago” strategy will be pushed out citywide on digital assets and through collateral materials, all zeroing in on the guidance that will keep Chicagoans safe and healthy. The City plans to leverage more than 1,000 City workers, up to 550 contact tracers, and a network of hundreds of community-based organizations to reach Chicagoans who have been adversely impacted by COVID-19. The outreach team will be conducting data-based, geo-targeting efforts to focus on the highest-incidence zip codes, neighborhoods and census tracts to provide resources, information and support to individuals and families who have been hardest hit by the pandemic. Chicago has seen spread in every zip code, age group, and race and ethnicity, and the City has partnered with minority-owned communications firms – Flowers Communications Group and Imagen Marketing Consultants – to ensure the strategy is targeted to COVID-19 hotspots and resonates with the communities most severely impacted by the virus.

“Protect Chicago” builds upon already-existing regulations and guidelines designed to manage the second wave of COVID-19. The City continues to recommend that Chicagoans avoid all gatherings in private residences, with an exception for essential staff such as home healthcare workers or educators. Furthermore, CDPH Health Orders require that indoor gatherings within private residences be limited to six non-household members. The City has the authority to fine individuals for breaking this requirement and hosting large social gatherings in their private residences. Lastly, earlier this week, CDPH updated the City’s emergency travel order, however, the recommendation remains for residents to avoid all non-essential, out-of-state travel.

“Protect Chicago” has been developed in coordination with CDPH to respond to evolving public health data and trends that show Chicago deep into a second surge of COVID-19. Chicago, the region, and the nation as a whole have experienced several weeks of steeply rising new daily cases, and the test positivity rate has also been increasing and is now above 14% in the city. Chicago is seeing more than 1,900 new daily cases based on a 7-day rolling average, which is a higher rate than at any time during the pandemic. While Black and Latinx residents continue to be disproportionately impacted by the pandemic, these increases are being seen across age, race and ethnicity.

“The data are troubling, and I’m very concerned we could be looking at tens of thousands of more cases, which would overwhelm the healthcare system and lead to hundreds more deaths,” said CDPH Commissioner Allison Arwady, M.D. “But we know what works and what we need to do to bend the curve. We did it once and I know we can do it again.”

…Adding… Michael Jacobson, president and CEO, Illinois Hotel & Lodging Association…

It’s very disappointing to hear Mayor Lightfoot spread a falsehood that Chicago hotels are actively marketing and hosting parties or other events that violate current Covid-19 protocols or existing fire code capacity limits. That theory simply is not true. Like every sector of businesses, hotels have unfortunately been victims of a citywide uptick in crime in and around our properties throughout the Central Business District. While there are occasional instances where guests violate the hotel’s policy on the amount of people allowed in each room, those rare cases are dealt with by hotel staff immediately and the guests are evicted. Hotels have far exceeded the guidelines that the City of Chicago set in place to control Covid-19 and are dedicated to protecting our employees and guests. We welcome the opportunity to hear from City of Chicago officials of any reports to the contrary so that they can be resolved immediately.

  2 Comments      


*** UPDATED x1 *** For the second week in a row, nearly 10 percent of all new unemployment insurance claims were filed in Illinois

Thursday, Nov 12, 2020 - Posted by Rich Miller

* AP

The number of people seeking U.S. unemployment benefits fell last week to 709,000, a still-high level but the lowest figure since March and a sign that the job market might be slowly healing.

The figures coincide with a sharp resurgence in confirmed viral infections to an all-time high above 120,000 a day. Cases are rising in 49 states, and deaths are increasing in 39. The nation has now recorded 240,000 virus-related deaths and 10.3 million confirmed infections.

As colder weather sets in and fear of the virus escalates, consumers may turn more cautious about traveling, shopping, dining out and visiting gyms, barber shops and retailers. Companies in many sectors could cut jobs or workers’ hours. In recent days, the virus’ resurgence has triggered tighter restrictions on businesses, mostly restaurants and bars, in a range of states, including Texas, New York, Maryland, and Oregon.

Last week’s new applications for unemployment benefits was down from 757,000 the previous week, the Labor Department said Thursday. The still-elevated figure shows that eight months after the pandemic flattened the economy, many employers are still slashing jobs.

* CBS 2

The Illinois Department of Employment Security reported 67,158 new unemployment claims were filed across the state last week, the week of Nov. 1.

Illinois’ estimated claims were among 709,000 total filed across the country last week.

The most recent claims represent a nearly 9% decrease from the prior week when 73,515 unemployment claims were filed in Illinois, but a 510% increase over the 11,015 claims filed during the same week of 2019.

*** UPDATE *** I asked the governor about this today

Well I think I mentioned the other day that we had a huge spike in this PUA unemployment. And a lot of that is fraud-related we believe, based on the analytics. And so we’re trying to address that.

Look, unemployment is never good no matter what that is, it’s not good. We very much want to continue growing our economy. I have believed from day one that the way you do that is tackle the virus, and make sure that you’re doing everything you can. While you’re tackling the virus to keep people safe in the economy that is up and running. And to some degree is continuing to grow from a low that had hit last spring.

  21 Comments      


Because… Madigan!

Thursday, Nov 12, 2020 - Posted by Rich Miller

* Rep. Steve Reick…

On Tuesday, Speaker of the House Mike Madigan’s Chief of Staff announced that the fall veto session has been canceled due to concerns over COVID-19 and proximity to the upcoming holidays. In response to the announcement, State Representative Steve Reick (R-Woodstock) issued the following statement:

“No one is discounting the severity of COVID-19, especially now that we are in the midst of a second wave. However, we were able to meet safely in May and, with proper precautions, we can meet safely now. We have a top-notch Springfield staff that pulled together a safe environment in May that included testing, mask mandates, an abundance of hand sanitizer, and more than enough room to practice social distancing. Not one legislator contracted COVID-19 during our session in May, so we know full well the staff is capable of pulling this off.

“I can’t help but wonder if the cancelation has more to do with political unrest within the House Democratic caucus than it has to do with health and safety. I certainly hope that’s not the case, because it would be a great injustice if Speaker Madigan has placed his political problems ahead of our ability to do the people’s work during a scheduled veto session. We have a multi-billion dollar budget hole to fill and we need to be in session in order to have a voice in crafting a solution. In addition, I mentioned in a recent letter to the Governor that we need to return to Springfield so we can hit the reset button on our COVID-19 response and work together on a better plan.”

* Rep. Grant did more than just wonder…

On Tuesday, Speaker of the House Mike Madigan’s Chief of Staff announced that the fall veto session is canceled due to concerns over COVID-19 and proximity to the upcoming holidays. In response to the announcement, State Representative Amy Grant (R-Wheaton) issued the following statement:

“I question the motivation behind this cancelation. We were able to meet safely in May in an environment that included testing, mask mandates, regular use of hand sanitizer, and more than ample room to practice social distancing. No one from the House, Senate or staff contracted COVID-19 during our session in May, so we know staff is capable of putting adequate safety precautions in place. Congress is meeting and there’s no reason why we shouldn’t be.

“The people of Illinois are counting on us to do our jobs, and since we know we can safely meet, I must wonder if the cancelation is more about Madigan’s growing unpopularity within his caucus and the Governor’s disinterest in engaging with the legislature than it is about our health. We have to get back to Springfield and legislators must be allowed to have a voice in future COVID-19 decisions. This cancelation sends a bad message to Illinoisans who want their voices heard through their elected representative to the House.”

* And the Tribune editorial board just came right out and said it

Rather than bring lawmakers back to the capital where face-to-face interactions could intensify conversations to oust him; rather than deal with a major budget shortfall, a pension crisis or a timely Legislative Black Caucus agenda that includes criminal justice reform; rather than pass overdue ethics legislation that would put the ComEd investigation in the spotlight; Madigan canceled veto session altogether. Let Gov. J.B. Pritzker, who recently joined others in calling for Madigan’s ouster as state party chair, struggle with the budget and pension headaches himself. Make him wear the jacket. This is about that too.

…Adding… Rep. Halpin is the second House Democrat to disclose a COVID-19 diagnosis this week. Subscribers know that Rep. Deb Conroy also contracted the virus

State Rep. Mike Halpin, D-Rock Island, is recovering from COVID-19 after five days of enduring chills and fever.

Halpin said his test result came back positive on Monday, but he believes he contracted coronavirus from a family friend on Oct. 31.

“I’m feeling better now, but I had woken up on Election Day in the middle of the night with fever and chills,” Halpin said. “At that point, I made the decision to contact the doctor. For about five days or so, I was in a lot of pain with a headache and fever. I never had any trouble breathing, but it was definitely a miserable five days. After that, I started feeling better with less fatigue.”

But, yeah, it’s all Madigan.

* Meanwhile…

Chicago Unions’ Statement on Partnering with Speaker Madigan to Strengthen Worker Power in Illinois

The unions of Chicago’s labor movement, including the Chicago Federation of Labor, released the following statement supporting Speaker Madigan and partnering with him to strengthen worker power in Illinois:

“As the electoral dust settles and we look toward the next legislative session, the Chicago labor movement is excited and energized to bolster worker power and protections through state legislation. Our best chance to do so is in partnership with House Speaker Michael J. Madigan, a staunch defender of working people. Speaker Madigan has steadfastly advanced workers’ rights, resulting in some of the strongest prevailing wage, collective bargaining, gender pay equity, minimum wage, and worker safety laws in the country. He also spent four years valiantly defending the rights of union members from former Gov. Bruce Rauner’s reckless ideological attacks. Given the choice, Speaker Madigan held the line for working people and we thank him.

“There was a time, not that long ago, when Illinois was heading down the same political path as our Great Lakes neighbors— Indiana, Michigan, Wisconsin and Ohio — where Democrats and labor were shut out of power, and right-to-work-for-less became the law. If it were not for Speaker Madigan, working people would have been marginalized and their voices silenced like those in neighboring states.

“Instead of political in-fighting, we encourage everyone to focus their energy on finding ways to support the workers who are sacrificing so much right now, especially Illinois’ public employees who have risked their own health and safety to keep Illinois running during this pandemic.”

    Bob Reiter, Chicago Federation of Labor
    Don Villar, Chicago Federation of Labor
    Rosetta Daylie, CBTU
    James Connolly, Chicago Laborers’ District Council
    Jesse M. Rios, AFGE
    Sam Cicinelli, Automobile Mechanics’ Local 701
    James F. Coyne, Plumbers Local 130
    Donald Finn, International Brotherhood of Electrical Workers Local 134
    James M. Gardiner, Iron Workers District Council of Chicago & Vicinity
    Terrence J. Hancock, Teamsters Local 731 and Teamsters Joint Council 25
    Brian Hickey, IUOE Local 399
    Mack I. Julion, National Association of Letter Carriers - Branch #11 Chicago
    Thomas Balanoff, SEIU Illinois State Council
    Gregory Kelley, SEIU Healthcare
    Karen Kent, UNITE HERE Local 1
    Ronald D. McInroy, UAW Region 4
    William W. Niesman, IBEW Local 9
    Robert O’Toole, UFCW Local 1546
    Gary Perinar, Chicago Regional Council of Carpenters
    Jesse Sharkey, Chicago Teachers Union
    John Spiros, Jr., International Union of Painters and Allied Trades District Council #14
    Raymond Suggs, Sheet Metal Workers’ Local 73
    James M. Sweeney, IUOE Local 150
    James T. Tracy, Chicago Fire Fighters Local 2

The Illinois AFL-CIO issued a similar statement on Tuesday.

* Hannah Meisel

Republicans opened the door to voting for a Democrat for House Speaker in January if it meant ousting Madigan — instead of casting their usual ceremonial votes for the House Minority Leader.

State Rep. Mark Batinick (R-Plainfield) last week survived a well-funded Democratic challenger in a race targeted by Madigan’s political organization.

“I’m willing to do whatever it takes to turn the state around,” Batinick said. “For me, the one “no: vote is the vote for Speaker Madigan. Beyond that, I would be willing to engage in conversations and negotiations.”

State Rep. Mike Marron (R-Fithian) said he wouldn’t even mind ending up with a speaker politically to the left of Madigan.

“I’d be happy to take the risk of a more progressive member getting in charge just to have a fair fight in the arena of ideas,” Marron said.

Rather than seeking GOP support for a candidate against Madigan (which could easily turn off a whole lot of Democrats), the easier way to do this is to simply deprive the House Speaker of 60 votes. The House rules require “the affirmative vote of a majority of those elected.” If enough Democrats vote “Present,” then he can’t get to 60. They can then try to coalesce around someone else later.

  22 Comments      


*** UPDATED x1 *** The massive failure of the IHSA’s defiance: Only eight out of 813 schools going ahead with basketball

Thursday, Nov 12, 2020 - Posted by Rich Miller

* Sun-Times

The Illinois High School Association announced Wednesday that it has formally invited representatives from Governor J.B. Pritzker’s office and the Illinois Department of Public Health to its board meeting on Nov. 19.

“The board hopes to create a dialogue and build a more collaborative relationship with all the entities involved with developing sports policy in our state as everyone tries to navigate the myriad issues caused by the pandemic,” IHSA Executive Director Craig Anderson said. “The board’s decision to move forward with the IHSA basketball season was not meant to be adversarial. It was rooted in a desire to receive more direct communication and data from our state partners. They hope all the groups will see the mutual benefit of increased discourse and be represented at the meeting on November 19.”

The invite comes after only eight of the IHSA’s [813] member schools announced they would participate in the IHSA’s basketball season.

The board’s decision wasn’t meant to be adversarial? Right. They stood by silently while their supporters were picketing outside the homes of administration officials and told the Illinois Department of Public Health to shove their public health rules where the sun doesn’t shine and went full speed ahead for “the kids,” and, of course, their sweet income stream, some of it due to state law.

But this was completely predictable

Without adhering to the COVID-19 guidelines set forth by the governor and the IDPH, insurance companies would not cover the liability costs for schools.

The IHSA administers a state-mandated liability insurance program for catastrophic injuries, so it should’ve known its plan was doomed. The IHSA is accustomed to getting its way, so perhaps the people who run the group thought they could bully the state into changing course.

Nope.

*** UPDATE *** WSIL TV

The Southern Illinois University men’s basketball program has paused team activities due to positive COVID-19 test results, head coach Bryan Mullins announced on Thursday.

SIU will not participate in the Wade Houston Tipoff Classic in Louisville, Ky., from November 25-29, as previously scheduled.

“We have diligently followed the safety protocols established by our administration and local health officials, but as we’ve seen throughout the country, Covid cases can and will arise,” Mullins said. “We will resume preparation for the season as soon as our medical professionals deem it is safe to do.”

  73 Comments      


*** LIVE COVERAGE ***

Thursday, Nov 12, 2020 - Posted by Rich Miller

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