* As we’ve already discussed, the 4th District Appellate Court asked both sides to explain how the appeal of the school mask/vax/test mandates decision is impacted by yesterday’s JCAR action. I’ll post the plaintiffs’ response when I get it. Here’s some of the state’s argument for why the appeals court should continue to hear the case…
JCAR’s action on February 15 does not substantially affect the pending appeals. Plaintiffs primarily challenge the legality and enforceability of the EOs issued by the Governor. The EOs require masking in school buildings, temporary exclusion of students and staff exposed to Covid-19, and the submission of weekly Covid-19 tests by unvaccinated staff working on school premises. The EOs were temporarily enjoined as to certain students and teachers through the circuit court’s TRO. Because JCAR’s action related only to the IDPH renewed Emergency Rule, it does not affect the EOs. The validity, legality, and enforceability of the EOs continues to present a live case or controversy. […]
Thus, regardless of the validity or invalidity of the IDPH Emergency Rule and regardless of JCAR’s action on February 15, this court should decide the consolidated appeals from the TRO and determine the enforceability of the EOs. And for the reasons stated in State defendants’ memoranda — the circuit court’s departure from the status quo, plaintiffs’ unlikelihood of success on the merits, their failure to establish irreparable harm, and the circuit court’s abuse of discretion in balancing the harms — this court should reverse and vacate the TRO. […]
Separately, the appeal in Allen remains unaffected by JCAR’s action for two additional reasons. First, a school district party seeks to vacate the TRO in Allen because the circuit court improperly denied that party’s motion for substitution of judge as a matter of right. Because any order entered after the wrongful denial of an SOJ is void, this court should vacate the TRO in Allen, and remand Allen to the circuit court with instructions to grant the SOJ. Second, the appeal in Allen is unaffected by JCAR’s action because Allen is brought by school employees challenging their conditions of employment. As such, the Allen plaintiffs have an adequate remedy at law in the form of money damages and back pay, precluding entry of the TRO.
For all of these reasons, the validity, legality, and enforceability of the EOs continues to present a live case or controversy between the parties, regardless of JCAR’s action.
One portion of the TRO, however, is impacted by JCAR’s action — the portion of the circuit court’s TRO opinion declaring the IDPH Emergency Rule null and void. Because of JCAR’s action, IDPH’s Emergency Rule is no longer in effect. As a result, the portion of the TRO enjoining enforcement of that Emergency Rule is moot. But this court should address the merits of that portion of the TRO under the public interest exception to mootness. That exception applies when three criteria are met: “(1) the question presented is of a public nature; (2) an authoritative determination of the question is desirable for the future guidance of public officers; and (3) the question is likely to recur.” Each of these criteria is met here.
The question presented by the circuit court’s declaration that IDPH’s Emergency Rule is null and void is undoubtedly of a public nature, as that declaration affects State defendants’ ability to combat Covid-19 in schools and risks spreading Covid-19 among students, school personnel, and their communities. It also disrupts in-person learning in the middle of the school year, forcing parents and schools to make difficult choices about continuing in- person learning or risking the health of their children, students, personnel, and other community members. n authoritative determination of the IDPH Emergency Rule’s validity also will guide public officers, as it will clarify whether the Covid-19 pandemic constitutes an “emergency” sufficient to justify emergency rulemaking, as well as the level of deference that courts should afford to an agency’s finding that a public health crisis constitutes an emergency. And this question is likely to recur, as IDPH has the authority to promulgate multiple emergency rules and may reissue the Emergency Rule. See 5 ILCS 5-45(c)(iii) (stating that the “limitation on the number of emergency rules that may be adopted in a 24-month period does not apply to” IDPH rules “when necessary to protect the public’s health”).
*** UPDATE *** From the plaintiffs’ argument…
Now that JCAR has refused to extend the IDPH emergency rule, which the State Defendants were relying upon as a crux argument in this appeal, the legislature has rendered it unnecessary for this Court to determine at this stage whether Judge Grischow abused her discretion in finding the Plaintiffs had raised a fair question that the IDPH rule was invalid. While the question of the legality of the actions by IDPH overall may in fact return to this Court on a final ruling in the future, that is a separate issue, but as it relates to this interlocutory appeal, the State Defendants can no longer rely upon the authority of an emergency rule that JCAR unanimously chose to suspend. The State Defendants are left with only one argument at this interlocutory stage, and that is did Judge Grischow abuse her discretion in finding the Plaintiffs have raised a fair question in regard to the Governor not having any authority under the Illinois Constitution, or the IEMAA, to independently promulgate and enforce quarantine, vaccination and testing of our citizens, without providing a shred of due process, to allegedly prevent the spread of an infectious disease. […]
As the parties all concur, this Court should review the trial court’s granting of the temporary restraining order at issue here for an abuse of discretion. An abuse of discretion will be found only where the court’s ruling is arbitrary, fanciful, unreasonable, or where or where no reasonable person would take the view adopted by the trial court. Abuse of discretion means clearly against logic; the question is not whether the appellate court agrees with the trial court, but whether the trial court acted arbitrarily, without employing conscientious judgment or whether, considering all the circumstances, the court acted unreasonably and ignored recognized principles of law, which resulted in substantial prejudice.
The JCAR ruling has vitiated a significant part of the State Defendants argument. Should this Court listen to the JCAR audio, it was clear this legislative body was giving due respect and deference to Judge Grischow’s ruling, and in fact committee members scolded the IDPH representative for continuing to pursue re-issuance of a rule which Judge Grischow had found to be invalid. This legislative committee showed the proper respect to our judiciary that the executive agency was not. As for this Court, the question for today is what is left for it to decide given the actions by JCAR. It is the position of the Plaintiffs that the only matter left to review is whether Judge Grischow abused her discretion when she found Plaintiffs have raised a likelihood of success in showing a fair question exists that the IDPHA applies in regard to matters of quarantine, vaccination or testing, and exclusion from school, and that neither the Governor under some inherent Constitutional authority, or under some delegated authority under the IEMAA can authorize quarantine, vaccination or testing, and exclusion from school and disregard the due process protections of Plaintiffs. Also, this Court is left to decide those same questions as it relates to any inherent authority of the school districts. As to both of these questions, the Plaintiffs argue Judge Grischow has not abused her discretion, her restraining order should be affirmed, and the matter sent back to proceed to a final ruling on the merits off all of the pending matters.
…Adding… Another plaintiffs attorney, William Gerber, was also invited to file. Click here.
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It’s just a bill
Wednesday, Feb 16, 2022 - Posted by Rich Miller
* Press release…
The Illinois Manufacturers’ Association (IMA) is backing legislation that would make permanent and modernize a tax credit that incentivizes manufacturers and other companies to invest in research and development projects in Illinois.
“Illinois manufacturers are constantly striving to bring new and better products to market. From innovative medical treatments to unique food products and advanced technology and machinery, manufacturers produce a variety of goods that we rely on,” said Mark Denzler, president & CEO of the Illinois Manufacturers’ Association. “By modernizing and making permanent the Research and Development Tax Credit, Illinois will be encouraging manufacturers who invest in our communities by launching product studies, researching new technologies and processes, and testing groundbreaking products right here at home. We look forward to working with lawmakers to pass this important measure.”
The legislation increases the Research and Development Tax Credit by providing that the increase in research and development activities shall be based on an increase over 50% of the average of the qualifying expenditures for each year in the base period. Currently, the credit is based on an increase over 100 percent of the average of the qualifying expenditures for each year in the base period. This change modernizes the bill to match changes to the Research and Development Tax Credit at the federal level. Additionally, the bill makes the credit permanent moving forward. The Senate version of the legislation, SB 3453, is scheduled to be heard in the Senate Revenue Committee this afternoon.
“Illinois has a strong manufacturing sector, and Senate Bill 3453 offers opportunities for these businesses to grow, thrive, and reach new heights” said State Senator Donald DeWitte (R-St. Charles). “By incentivizing our manufacturers to invest further in Illinois, we encourage our business leaders to create, invent and expand their businesses, which leads to more jobs. It also makes our manufacturers more competitive in an ever-changing global economy.”
According to the Organization for Economic Cooperation and Development, manufacturers are the nation’s largest investors in research and development, making up roughly two-thirds of private-sector research and development spending in 2018. However, the U.S. global share of research and development spending dropped from 39.8% to 29.9% in the last two decades, while China’s share of global research and development spending rose from 4.9% to 23.9%. This disparity underlines the importance of supporting policies to invest in American manufacturing, particularly as the pandemic laid bare global supply chain issues that impact our state and nation’s ability to respond in times of crisis.
The governor likes to say that businesses want predictability. Well, the sunsets on the R&D tax credit do way more harm than good. It was one of those Madigan things that truly needs to end.
* WGN TV…
Illinois college students may have one less expense in their budgets later this year.
A bill making its way through the Senate would require public colleges in Illinois to rent books and course materials to in-state students at no cost.
Sen. Scott Bennett (D-Champaign) wants to encourage students to stay in Illinois not just for college, but to settle down in the state after graduation. Bennett chairs the Senate Higher Education committee. […]
The bill passed the committee 11-1 on Feb. 9th, with Sen. Omar Aquino (D-Chicago) being the lone no vote.
* Illinois Press Association…
Once again, the Illinois General Assembly is faced with legislation to eliminate public notices from newspapers. This time, however, the proposed legislation makes additional changes to the status quo.
The Illinois Press Association has prepared a position paper, which it will circulate to the members of the General Assembly. You can view the full position paper here or read the full text below.
This year’s effort seems to be generated by the Illinois Municipal League, given that this legislation requires posting of notices on a website under the control of Illinois municipalities (but excluding Chicago).
Why the Municipal League, which objects to every effort to impose “unfunded mandates” on local governments, would attempt to impose on its own members this unfunded mandate of the creation and maintenance of a public notice website, is not explained.
Even more curious is why the IML would support the creation of this new mandate on local governments, when the Illinois Press Association has successfully managed a public notice website, specifically at no additional cost to local governments, for more than a decade.
The legislation also eliminates the requirement that public notices from any other public body must be published on a website, eliminating that requirement for transparency that has been in place for a decade. Again, there is no explanation supporting the elimination of that requirement.
* Rep. Will Guzzardi writing in the Sun-Times…
In 2019, I passed a law capping copays for insulin at $100 a month. But state laws can only cover certain types of insurance, so it only affected around 15% of Illinoisans. And we know $100 a month is still too much.
It’s time to do better. We need to lower that copay, and we also need to provide alternatives for the 85% of people who aren’t covered by the cap.
That’s why I’ve introduced House Bill 5300, the Insulin for All Act. The bill will allow for any person with diabetes who’s running out of insulin to walk into a pharmacy and get an emergency 30-day supply at a minimal cost. It requires manufacturers to create patient assistance programs that offer low-cost insulin to eligible patients. It will leverage the state’s bargaining power to offer a negotiated price on insulin for any person with diabetes who can’t get it cheaper elsewhere. And it lowers that copay cap to $35 a month.
The past two years have been a vivid reminder that pharmaceutical research can produce incredible results, as with the COVID-19 vaccines. But no matter how great they are, drugs don’t work if people can’t afford them.
…Adding… Press release…
Youth in the care of the Department of Children and Family Services are one step closer to receiving the financial resources they need to be ready for adulthood thanks to a measure championed by State Senator Robert Peters (D-Chicago).
“I’m pleased that we are one step closer to ensuring that the state will be proactive at helping youth in care build a strong future during their final years of care,” Peters said. “We need to do all we can to ensure that they have access to a financial head start before they have to live on their own.”
Senate Bill 3470 would require DCFS to save or invest a minimum percentage of a youth’s benefits once they reach the age of 14. This will ensure that when DCFS no longer serves as the financial representative of the youth, they will have some money to help them transition into a successful adult life.
The minimum percentages that DCFS will be required to invest are:
● 40% for youth between the ages of 14-15
● 80% for youth between the ages of 16-17
● 100% for youth between the ages of 18-20
Senate Bill 3470 would also require the DCFS to take defined actions when applying for and managing certain federal benefits that the department receives on behalf of any youth in care.
“State services should help empower youth and give them strong support to enter our society,” Peters said. “We should not be sending young people out into the world without the resources they need to live independently, and we must ensure that they are able to make the transition into adult life.”
The measure passed the Senate on Wednesday.
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* Background is here and here if you need it. From the House rules…
(House Rule 51.5)
51.5. Decorum during the COVID-19 Disaster.
(a) On any day in which the House is in session during a disaster proclaimed by the Governor due to the COVID-19 virus, all members and officers of the General Assembly, majority and minority staff, and other persons when entitled to the House floor, galleries, and adjoining hallways and passages shall:
(1) to the extent medically able and except as reasonably necessary for eating or drinking, wear a face-covering that covers the nose and mouth;
(2) to the extent possible, maintain social distancing of at least six feet from any other person except as permitted by the other person; and
(3) have submitted to and passed a temperature check prior to entry. […]
(c) A violation of this Rule shall be considered a breach of decorum and disorderly behavior. … Notwithstanding any other provision of these Rules, including Rule 30(e) and Articles XI and XII, a Representative in violation of this Rule may be disciplined and subject to reprimand, censure, removal from the House chamber, or other disciplinary measure, except expulsion and imprisonment, upon a motion approved by a majority of those elected. Nothing in this subsection shall be construed to limit discipline pursuant to Article XI or XII of these Rules.
(d) This Rule may not be suspended.
* An unmasked Rep. Dan Caulkins said this on the House floor today…
House rule 51.5 C is being arbitrarily enforced. That rule is being used to single out individual members of this body and therefore I ask you under Rule 51.5 (c) to remove from the House chamber all members of the House of Representatives who answered the quorum call today, February 16 2022. Under House rule 51.5 (a) (3) all members must have submitted to and pass a temperature check prior to entry on the House floor. No member who is on the House floor has taken and passed a temperature check prior to entering the House floor. Under House rule 51.5 the rule and his provision may not be suspended. As such all members are in violation of this rule.
Please pardon all transcription errors.
* After a very long pause, House Majority Leader Greg Harris eventually responded that the chamber would bring in people to perform temperature checks. Rep. Caulkins countered that the rule clearly states that members must have a temperature check before entering the House floor. Leader Harris replied…
We do not know who did or did not have a temperature check, complying with that rule coming into the chamber. So to be certain that we’re doing this accurately, we will be testing everyone in the chamber right now.
This post will likely be updated.
…Adding… The temperatures have now been checked of all members and staff and the chamber is now proceeding to other business.
…Adding… Rep. Lakesia Collins (D-Chicago) has made a motion to remove several members, including Reps. McLaughlin, Chesney, Niemerg, Miller, Halbrook and Caulkins from the chamber for not following the mask rule. During discussion, Rep. Butler asked about the social distancing rule (the reply was that it would be enforced if a member objects). Butler also asked if members would be tested if they left the chamber and then returned (the answer was no). The Republicans then requested a one-hour caucus. House is now in recess.
*** UPDATE *** The House came back and Rep. Collins was recognized, but she did not press her motion. The House is now adjourning.
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Pritzker addresses JCAR defeat, mask mandate
Wednesday, Feb 16, 2022 - Posted by Rich Miller
* Gov. Pritzker today before taking questions from the news media…
The executive order requiring masks [in schools] is still in place. School districts that aren’t part of the [Tom DeVore] lawsuit should follow the executive order. Everyone should feel comfortable wearing their masks to keep yourselves and your loved ones safe.
As for the JCAR action, we filed the rule as a procedural step to simply keep the status quo in place while the appellate court considers our appeal. The JCAR members preferred a different procedural route to suspend the rule while waiting for an appellate court ruling. I think we share the common view that we need to get a ruling. And either way the next step is to hear from the appellate court and go from there.
Please pardon all transcription errors.
* And, to be clear, it was the House Democrats on the equally divided committee who provided the votes to suspend the school mask/vax/test mandate emergency rule…
Democratic state Rep. Mike Halpin of Rock Island said he was voting to block the revised rule from taking effect because “we’re currently in a situation where the (temporary restraining order) says this rule is not enforceable.”
“It’s possible, if not probable, that this might change on appeal, but for now as we sit here, for that reason, I’ll vote” to block the rule, Halpin said.
Two other Democrats who voted with Republicans, Chicago Reps. Curtis Tarver and Frances Ann Hurley, gave the same reasoning. Democratic Sens. Bill Cunningham and Tony Muñoz, both of Chicago, voted “present.”
* Back to the governor. So, if the executive order is still in effect, he was asked, why even file emergency rules?…
Well, again, the order is in effect. We’re now trying to deal with an errant decision by a judge in one county, one particular judge, you know, it’s thrown everybody into a state of confusion. And we’re trying to get the appellate court to address it because it was wrongly decided.
He also said the judge’s decision “leaves out entirely a section of the law that she obviously either didn’t read or didn’t want to address.”
* Pritzker was also asked if he was worried about a rise of cases as schools make masks optional…
Look, I think that people of goodwill are trying to make good decisions for their community ,for the people who were in schools every day, whether they’re superintendents making those decisions, or school board members, or teachers and parents who are at the school every day often. And so, there’s in my view, from the very beginning I’ve been focused on trying to keep people healthy and safe in schools and outside of schools. Schools have been an unusual environment as you know, where five days a week, six to eight hours a day. People are interacting in the hallways running into each other. They’re in rooms together. Sometimes piled into rooms together. While we’ve had a global pandemic that has caused a lot of sickness and death.
I’d want to remind you all that we still have about 1500 people with COVID in the hospital today, that’s not near where we were when we removed masks last summer. One of the reasons that we set a date for removal of masks more broadly in indoor spaces on February 28 is we wanted to continue to see the decline of hospitalizations in our state. And we think we hope, just watching them you know they’re 150 fewer today, I think than yesterday. 200 plus, the day before fewer. So this is all good directionally and I’m pleased. But again, we have to be careful, the pandemic’s not over. This disease is still out there. We’re just all learning I think over the course of the last two years to make sure that we’re managing properly so that if another variant were to come, that we’re not so quick to have everybody removing their masks. And you saw this, delta was taking a dive, I think we were all very optimistic and then you can watch, look at the graphs of it. You saw it coming down and then you saw omicron taking us up again and these are all very big concerns. So waiting, watching and very hopeful for February 28.
…Adding… Oops. Meant to post this Pritzker comment about Republican critics and left it out…
There are an awful lot of views over there that people have had that are causing more sickness. They’re the ones who didn’t want masks in the first place in schools, who didn’t want any mitigations and thought that would be okay.
…Adding… To his point about declining hospitalizations…
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* Greg Hinz…
In a report released [yesterday] by its staff, the Metropolitan Pier & Exposition Authority, generally known as McPier, said plans by bidders to use its Lakeside Center and truck marshaling yards to house a casino involve “critical strategic assets” in a highly competitive business.
Both potentially could be replaced, McPier CEO Larita Clark said in a follow-up interview. But the cost would be high: Building a new structure to replace Lakeside Center, the easternmost building in McCormick Place, would cost an estimated $900 million to $1.5 billion and take at least 72 months to complete, she said.
The report was less explicit about a third bid involving temporary use for a few years of McCormick Place’s north building. But agreeing to any of the proposals might require a change in state law because of legal limits on McPier’s authority, the report indicates. […]
Specifically at issue are a proposal from a team headed by Chicagoan Neil Bluhm’s Rush Street Gaming to convert Lakeside Center to a casino; a plan by Bally’s to use the truck yards just west of McCormick Place for its gambling complex, and the Hard Rock’s pitch to temporarily use the north building.
* Sun-Times…
Lakeside Center “does not sit empty,” [Larita Clark, CEO of the Metropolitan Pier and Exposition Authority] said. Clark said it has 253 events scheduled through 2035, worth $13.8 billion in economic impact, besides housing mechanical systems serving the whole campus. “The reality is if we lost the Lakeside Center, we’d need to replace 600,000 square feet and all the critical infrastructure,” she said.
Clark reported that McCormick Place North was booked nearly to its maximum level in the years before the pandemic knocked out most convention business. The marshaling yards, she said, reduces truck congestion and helps exhibitors and contractors set up and take down items quickly. “In 2019, 35,000 trucks used the marshaling yards and their proximity to our campus is a competitive advantage,” Clark said.
Her remarks are a challenge to all but two of the casino bids. The only proposals that would not touch McCormick Place are a Bally’s bid for the Chicago Tribune’s Freedom Center printing site, 777 W. Chicago Ave., or one from Chicago magnate Neil Bluhm’s Rivers Casino that relies on 62 vacant acres southwest of Roosevelt Road and Clark Street.
That Tribune site proposal is hideous.
* The report has this warning from staff…
To prevent loss of customers, the lost space of Lakeside Center will require that replacement space be fully operational before Lakeside is turned over to a developer. The estimated time would be approximately 72 months based on the West Building plan.
That’s six years.
* Another issue…
• Due to its location, the Lakeside Center must be used for the public good. The Public Trust Doctrine has been successfully used to block lakefront development in the past
Hard to see how a casino can be classified as a “public good.” But other hoops have been cleared in the past.
* Meanwhile…
Some Bronzeville leaders are pushing back against the prospect of having the city’s first casino as a neighbor.
The city unveiled five potential casino sites in November. Four are clustered in the Near South Side, including one at the McCormick Place Marshalling Yards at 31st Street and DuSable Lake Shore Drive, near the old Michael Reese Hospital.
Ald. Sophia King (4th) long has opposed a casino anywhere on the South Side, previously saying it would be like “putting a casino in Harlem.” But King and others are particularly alarmed by the site that’s been proposed near the $3.8 billion Bronzeville Lakefront megadevelopment on the Michael Reese site — a project King has insisted would not include a casino.
The Bronzeville Lakefront project sits just south of McCormick Place and stretches from 26th to 31st streets between Lake Park Avenue and Martin Luther King Drive. It also includes the Prairie Shores homes near 29th Street and King Drive. […]
Christopher Jewett, Bally’s vice president for corporate development, said in a statement its proposal allows for a casino to be “fully integrated into the Bronzeville community development with pedestrian bridges and connectors, or it can be built as a destination, accessed only via public transit or vehicles.”
…Adding… Very good point in comments…
The most significant red flag for McCormick Place sites in this report might be the need for enabling legislation. I would think the last thing the mayor would want would be to pick a site for her casino and then have to go back to the General Assembly for approval.
Yep. Unless she has labor and business all lined up first.
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* Background is here if you need it. Tribune…
The politics of masks in schools spilled onto the House floor Tuesday as at least five conservative Downstate Republicans entered the chamber with bare faces. After Democratic Rep. Natalie Manley of Joliet, who was presiding over the chamber, reiterated the existing House rule requiring members to wear masks, even when speaking into a microphone, she singled out Rep. Blaine Wilhour, who refused to wear a mask.
Wilhour, of Beecher City, called mask mandates “unwanted and unnecessary,” before he was cut off for not having been recognized to speak.
In a joint statement, the group said they “no longer comply with the mask theater that takes place here.”
“It’s over,” the legislators said. “It’s gone on long enough.”
* This is true for expulsion, but members can be removed from the chamber for violating the mask rule following a motion which receives at least 60 votes…
The House later adjourned without incident. Members not following House rules could face disorderly behavior and expelled with a two-thirds vote of the members.
* Anyway, to the headline…
Not sayin’ he’d do it, of course, but would it violate his constituents’ “due process rights” if Rep. Wilhour was removed from the House floor for not wearing any clothes?
…Adding… I should’ve noted this in the post, but this is from the Illinois Constitution under legislative organization…
Each house shall determine the rules of its proceedings
DeVore’s suit (unless he’s threatening something else) wouldn’t get very far.
…Adding… You may recall that someone else sued over some House and Senate rules governing access to the press box. From the United States Court of Appeals, Seventh Circuit…
The defendants’ decisions to deny press credentials to Reeder were inseparable from their core legislative activities. They were intimately related to the shared goal of the Illinois Senate and House to regulate access to the floors of the state House and Senate. The defendants are thus entitled to absolute legislative immunity from suit in this case, and we AFFIRM the judgment of the district court to this effect.
“Absolute legislative immunity.” End of story. DeVore must be talking about something else, or he’s ignorant, or both.
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* I told subscribers a bit about this today, but here’s Politico…
Megadonor Richard Uihlein has donated $1 million to Republican Darren Bailey’s bid for governor yesterday, according to State Board of Elections filings. Uihlein and his wife, Liz, founded the Uline business supply empire just over the Illinois border in Wisconsin. They are among the biggest Republican donors in the country. The campaign contribution to Bailey comes on the heels of Ken Griffin donating $20 million to another GOP gubernatorial competitor, Richard Irvin, adding fuel for a competitive Republican race.
Uihlein has avoided making large contributions here since getting thumped hard in the 2018 cycle, including a high-dollar primary race against House Republican Leader Jim Durkin.
*** UPDATE *** Bailey mentioned the contribution on his Facebook Live video and said there’s a “promise of more to come”…
I want you to consider what took place yesterday. Our campaign experienced a significant breakthrough. Probably the most conservative family, probably in the country, the Uihlein family got behind us with an initial amount and with a promise of more to come. So that was amazing. People are seeing what our movement is, much like these three Democrats that didn’t vote, voted no in JCAR. People are realizing what’s going on. And the real power, friends, it’s coming. I’ve been telling you all along, I have no doubt that we’re going to win this all the way to the to the to the State House.
Please pardon all transcription errors.
* Meanwhile, Sen. Bailey really ought to know better than to campaign like this in a municipal building…
Then again, he did vote remotely while he appeared to be on a helicopter ride to a campaign event.
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* From the Richard Irvin campaign…
Following a scathing news report on Governor JB Pritzker issuing problematic pardons, Richard Irvin, Aurora Mayor and gubernatorial candidate, released the following statement:
“Another day and another example of J.B. Pritzker putting our communities at risk by pardoning an arsonist and clearing the way for him to become, of all things, a fire chief. We learned that not only did Pritzker allow arsonist Jerame Simmons to become a fire chief, the governor also disregarded a documented history of lawbreaking, and either missed or ignored obvious lies on Simmons’ pardon petition.
From releasing child murderers and arsonists to signing a bill with cashless bail for dangerous criminals, it’s clear Governor Pritzker doesn’t care about the safety of Illinois families.”
The pardon from Governor JB Pritzker that cleared the way for Jerame Simmons to become a full-time, paid fire chief is just one of 162 pardons Pritzker has issued. According to a former U.S. pardon attorney, the pardon process is described “a bit opaque,” something that the general public or even state lawmakers aren’t privy to; it starts with the Illinois Prisoner Review Board, a 14 member board that is appointed by the Governor. Currently, three of the 14 seats on the board remain vacant while the nine remaining have yet to gain Senate approval–despite cries from the state legislature to do so.
* ILGOP…
Only in JB Pritzker’s Illinois could a politically-connected arsonist get a pardon to become a fire chief. You have to read it to believe it. As reported by Capitol News Illinois:
“SPRINGFIELD – Jerame Simmons got his long-held wish in December when he became the chief of the fire department that dismissed him 24 years ago after he was charged with setting fire to a vacant house and attempting to burn down his high school….
…But it was a pardon from Gov. JB Pritzker that finally cleared the way for Simmons to become the full-time, paid fire chief for the Prairie Du Pont Fire Department….
…The case drew national attention as 11 of the department’s 13 firefighters resigned following the fire protection district’s decision to oust the former chief in favor of Simmons…
…Simmons filed his petition on July 15, 2019, directly contradicting contemporary law enforcement reports of a number of 1998 incidents…
…Simmons, the son of a former deputy U.S. marshal and Metro East mayor, claimed innocence and submitted testimony from local officials attesting to his work ethic and trustworthiness.”
* Also from that Capitol News Illinois story…
“The governor is a strong believer in criminal justice reform and that means carefully and thoughtfully considering petitions for clemency from those who have demonstrated a commitment to rehabilitation while serving their sentence and after,” she stated. “The governor takes the PRB’s recommendations to heart as he weighs these decisions.” […]
Simmons completed his probation but was later charged with a host of other crimes. Those include:
• A 2006 charge of leaving the scene of an accident, to which he pleaded guilty and was sentenced to six months supervision.
• A 2006 charge of violating an order of protection, which was dismissed.
• A 2008 charge of falsely impersonating a police officer, which was also dismissed.
• Two charges in 2008 for violating an order of protection, both of which were dismissed.
• A 2009 charge of obstructing a police officer, to which he pleaded guilty and was sentenced to conditional discharge.
• A 2016 charge of disorderly conduct, to which he pleaded guilty and was sentenced to 90 days of court supervision.
In 2018, Simmons was charged with disorderly conduct for a fight at a strip club in Sauget. One of the bouncers at the club told police that Simmons pulled a gun on him when he tried to remove his wife from the club, according to a 2018 report from the Belleville News-Democrat.
* Media advisory…
WHO: State Representatives David Friess (R-Red Bud), Patrick Windhorst (R-Metropolis), and Mark Luft (R-Pekin)
WHAT: As scandal continues to surround Governor J.B. Pritzker’s pardon of convicted arsonist Jerame Simmons that allowed him to become fire chief of the Prairie Du Pont Fire Department, House Republicans will introduce legislation (HB 5693) that aims to prevent similar situations from happening.
WHEN: 11:00 AM on Wednesday, February 16, 2022.
WHERE: Blue Room, Illinois State Capitol and streamed live on BlueroomStream
Synopsis…
Provides that a person applying for a position in a fire department or fire protection district must disclose if he or she has been convicted, arrested, or charged with arson, aggravated arson, or criminal damage to property due to recklessly, by means of fire, damaging the property of another or knowingly starting a fire on the land of another. Provides that the person or board hiring an individual who has applied to a position in a fire department or fire protection district may take into consideration the disclosed convictions, arrests, or charges in the hiring or retention of the applicant.
…Adding… The governor’s office sent the full response…
There is a clear process that has been used for decades when governors exercise their clemency powers. The Prisoner Review Board makes confidential recommendations to the governor who reviews clemency petitions and takes action. The Governor is a strong believer in criminal justice reform and that means carefully and thoughtfully considering petitions for clemency from those who have demonstrated a commitment to rehabilitation while serving their sentence and after. The Governor takes the PRB’s recommendations to heart as he weighs these decisions.
Whatever. The governor pardoned a daddy’s boy who, by the looks of things, has gotten himself in and has then been pulled back out of trouble for much of his life. The governor’s folks also sent along the PRB file which includes letters of recommendation that I’m ABSOLUTELY SURE HAD NOTHING WHATSOEVER to do with daddy’s local influence. Click here.
…Adding… In the pardon petition, Simmons wrote that his cousin had set the fire with a flare. But if you read the state fire marshal’s brief report, you’ll see they found a gas can in the burned house and evidence that a flammable liquid had been used in the fire as well as evidence of a fuse.
*** UPDATE *** Gov. Pritzker was peppered with some questions about crime at his press conference today, including a question about how Richard Irvin is trying to tie Pritzker’s signature on the SAFE-T Act to the killing of 8 police officers in 2021…
All I can say about what’s going on on the Republican side is it continues to be a mess. […]
All I can say about some individual candidates views is they’re wrong. We’re trying to make our state safer for people across the state. And whatever the insinuation is about that, I can tell you that police funding, police training, making sure that we have police cameras, body cameras, which police want and the public wants. These are all a part of what we’ve been doing to keep people safe. Some of that is a part of the Safe-T Act as well. And so I’m pleased that many of those provisions in the Safe-T Act that I just mentioned are already in effect and some of the provisions that people are falsely pointing to and saying or making the world less safe, haven’t even gone into effect. […]
Let’s be clear, the Republicans are wrong. They’re the ones who voted against funding State Police. They’re the ones who voted against funding in order to reduce the amount of violence and crime. And then they, it’s like the arsonist right, lighting the house on fire and then you know, calling the fire department saying ‘I don’t know what happened.’ That’s what the Republicans are doing. They’re wrong on every point. […]
I mean, they’re going to put out false messaging about this and I would hope that people will see through it. I’m certainly going to help them see the truth.
Well, that crack about an arsonist was picked up by the Irvin campaign…
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* GOP press release…
Senate Republican Deputy Leader Sue Rezin (R-Morris) issued the following statement after the Joint Committee of Administrative Rules (JCAR) successfully voted to suspend the Pritzker Administration’s attempt to reissue emergency rules that would have required school districts to enforce the Governor’s school mask mandate despite a recent court ruling. JCAR voted to block the emergency rules with a bipartisan 9-0-2 vote:
“Today, the Joint Committee of Administrative Rules made it clear that we would not accept the Governor’s attempts to go above a court ruling made by a co-equal branch of government.
“Instead of allowing our judicial system to work through its process, the Governor tried to double down on his unilateral approach to COVID-19 mitigations by reissuing the same exact rules that a Sangamon County judge nullified earlier this month. This move was both bad government and dangerous to the rule of law as it ignored the court’s ruling on due process.
“In his quest for power and control, Pritzker and his Administration was willing to further the chaos and confusion for schools throughout the state. With this bipartisan vote, I hope that the Governor finally recognizes that his go-it-alone tactic is not in the best interest of our state or its people.”
I’m waiting on a statement from the governor’s office. But an official did confirm this means that there is no statewide school mask mandate now.
We’ll wait to see what the governor’s office says, but the Democrats asked the governor to pull the emergency rule and I’m told he couldn’t do it because of the appeal of the DeVore case.
Sens. Bill Cunnigham and Tony Munoz voted “Present,” by the way. Sen. Kimberly Lightford was not at the hearing.
“I think it fair to say the committee was uncomfortable with extending an emergency rule that has been invalidated by a court,” Senate President Pro Tempore Cunningham told me this afternoon.
The Democrats are saying they will revisit the emergency rule if the appellate court overturns the DeVore ruling.
* From Senate GOP Leader McConchie…
“In his quest for power at all costs, the Governor attempted to go above the judicial system to continue to require masks in schools, a move that even his Democrat allies in the legislature wouldn’t support. Even they agree he has gone too far.
“Today, the Governor was willing to add to the confusion and chaos that has overwhelmed our schools and parents in the last several days. Fortunately for the people of Illinois, he was stopped.
“Enough is enough. Let’s start governing this state through the rightful democratic process, not under one man’s rule and ego.”
*** UPDATE 1 *** Jordan Abudayyeh at the governor’s office…
The administration understands that members of the Joint Committee on Administrative Rules are awaiting a ruling from the appellate court on this issue. As doctors have said time and again, masks are the best way to preserve in-person learning and keep children and staff safe. We look forward to continuing to work with members of the General Assembly, school districts, parents, communities and all stakeholders to use the tools we have to keep in-person learning. In the meantime, the administration urges all schools and parents to encourage mask-wearing to keep everyone in their schools and communities safe.
…Adding… House Republicans…
The bicameral Joint Committee on Administrative Rules (JCAR) voted 9-0-2 today to block re-implementation of Governor JB Pritzker’s mask mandate for K-12 public and private schools in Illinois in the wake of the February 4 temporary restraining order issued by Sangamon County Circuit Court Judge Raylene Grischow declaring the Governor’s emergency rules as they apply to schools “null and void.”
“Parents and children across Illinois deserve certainty and clarity amid all the confusion and chaos created by Governor Pritzker’s decision to continually go it alone and work only through the courts instead of with stakeholders and families,” Representative Wheeler said in a statement. “Locally elected school boards who are accountable to parents and know best for their districts, along with their local health department experts, should be allowed to make decisions on COVID mitigations that fit their communities best. With JCAR’s bipartisan ruling today, there is no statewide mask mandate in effect for schools, and the decision now belongs with the local school districts.”
All three House Republican members of JCAR voted to reject re-implementation of the Governor’s mask mandate, including Deputy GOP Leader Rep. Tom Demmer (R-Dixon), Assistant GOP Leader Rep. Keith Wheeler (R-Oswego), and Rep. Steve Reick (R-Woodstock).
The Governor’s emergency rule on COVID mitigations for Illinois schools expired on Sunday, February 13. The Administration immediately re-filed the rule on Monday, putting it back into effect unless JCAR voted affirmatively to block it with a minimum of 8 members on the 12-member committee. Nine members voted to suspend the Governor’s emergency rule, with zero voting to keep it in place and two members voting “Present.”
During the hearing, Representative Wheeler suggested to the Illinois Department of Public Health (IDPH) official testifying on behalf of the Pritzker Administration that the agency could have shown respect for the ongoing judicial process by issuing guidance to Illinois schools on recommended COVID mitigations instead of re-filing them as mandates in the form of an emergency rule. The IDPH official rejected that suggestion, reiterating the agency’s position of pressing forward with mandates rather than guidance. Moments later, JCAR voted to approve a motion blocking re-implementation of the Governor’s mask mandate via emergency rule.
…Adding… Sen. DeWitte…
On February 15, the Joint Committee on Administrative Rules (JCAR) voted 9-0-2 to block Governor JB Pritzker’s attempt to reissue emergency rules that would force school districts to enforce his mask, vaccine, and testing mandates. The vote was bipartisan, with three Democrats joining the committee’s six Republicans in suspending the proposed rule. Following the vote, State Senator Donald DeWitte (R-St. Charles) issued the following statement:
“Rather than respecting a decision handed down by the judicial branch of government, Gov. Pritzker still insisted that he, and only he, should have unilateral control over every aspect of the pandemic response. By issuing essentially the same rule that had already been deemed null and void, even his Democrat allies on JCAR could not support him. Even they felt his reissuance of the rule went too far.
“With full knowledge of the court ruling, Governor Pritzker was essentially asking school districts to violate a constitutional right to due process that must be afforded to students and families. It was yet another example of his ‘go it alone’ attitude that shuts out all other coequal branches of government.
“As a courtesy, we offered IDPH and the Pritzker Administration the opportunity to withdraw their rule pending a decision by the Appellate Court. Instead, they chose to double down. They made a poor decision, and today they lost.”
…Adding… Rabine…
Gary Rabine, candidate for Illinois Governor is issuing the following statement on JCAR’s ruling today to suspend the Illinois Department of Public Health emergency rules requiring masks to be worn in schools.
“Today, Illinois Legislators made it clear it’s time for Pritzker’s tyrannical reign to end. Democrats and Republicans slammed Pritzker COVID chaos by stopping his attempt to go around the court order that lifted mask mandates in schools.
The Governor has forgotten we live in a Democracy - which means he needs to consult with elected officials, Illinois citizens and parents before he issues orders regarding their kids’ health and well-being.
This vote today is a flat-out rejection of JB Pritzker and his approach to governing - by even his own party.”
*** UPDATE 2 *** Senate Preside Pro Tempore Bill Cunningham…
“We have an active court case on this matter, the outcome of which should provide clarity for what next steps are needed. Acting now would be premature given that pending ruling and also given the fact that the previous rule amounted to guidance without any real enforcement.”
*** UPDATE 3 *** 4th District Appellate Court…
The Attorney General representing the State Defendants and attorneys DeVore and Gerber representing the plaintiffs are directed to explain how this appeal is affected by the actions taken February 15, 2022, by the Joint Committee of Administrative Rules (JCAR) blocking extension of the Illinois Department of Public Health’s emergency rules. The explanation is due by 1:00 PM, Wednesday, February 16, 2022.
…Adding… Jesse Sullivan…
“Today’s JCAR vote is a victory for separation of powers and the rule of law. Pritzker’s agenda is clearer than ever: seize total control of Illinois kids and schools, answering to no one but his most radical teacher’s union backers. His actions are so extreme that his own party is now rejecting them. And in November, voters will too.”
…Adding… Rep. Bourne…
State Representative Avery Bourne (R-Morrisonville) issued the following statement in response:
“Gov. Pritzker cannot continue to sidestep the legislature, or the courts, and go-it-alone to force his mandates on the families and children of Illinois,” said Bourne. “This is a win for the rights of parents and local school boards to decide what is best for their children, and I commend JCAR for standing up for parents and children today.”
Last week, Rep. Bourne also joined colleagues in sending a letter to the Governor demonstrating the evidence of the unintended harm masking has on the social-emotional and learning of our children and calling for him to drop his appeal. A copy of that letter can be viewed on RepBourne.com.
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* Press release…
With the indoor mask mandate set to expire at the end of the month State Representative Adam Niemerg (R-Dieterich) along with State Representatives Brad Halbrook (R-Shelbyville); Dan Caulkins (R-Decatur); Blaine Wilhour (R-Beecher City); and Chris Miller (R-Oakland) ditched their masks on the House floor and issued the following statement.
“Today we entered the House chambers without a mask. So long as school districts continue to defy the courts and force the unwanted and unnecessary covering of the faces of children in schools, we will no longer comply with the mask theater that takes place here.
It’s over. It’s gone on long enough.”
As I write this at 1:14 pm, the super-majority House Democrats have not yet ejected any of the maskless members from the chamber. No word back yet from Speaker Welch’s office on what the plan is.
…Adding… Rep. Lakesia Collins (D-Chicago) just rose to ask that the recalcitrant members be removed from the chamber. The Republicans then asked for a caucus. The Democrats called up the agreed resolutions and appear to be planning to adjourn for the day. No word back from the House GOP Leader’s office, either.
…Adding… The House has adjourned until tomorrow. Rep. Wilhour earlier attempted to read a statement after he was admonished for not following the rules, but he hadn’t been recognized to speak and his microphone was shut off.
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* So far, this person is probably the most well-known of any Republican running for US Senate right now…
* This is why he’s so well-known in certain circles…
A charge that over 2,000 voters in Arizona registered under the same address is one of many recent claims resulting from the contentious outcome of the 2020 presidential election. […]
Allegations of voter fraud in the 2020 election have been widely debunked, and Congress has certified Joe Biden’s win over President Donald Trump. An Arizona official calls this claim misleading.
In November, local groups Citizens Investigation and We The People AZ Alliance were provided a random sample of 3,900 “questionable” names of Arizona voters from Bobby Piton, whom Gateway Pundit describes as a mathematician. […]
Piton is a managing partner of PreActive Investments LLC, an Illinois-based financial planning and investment advisory firm. His claims of alleged fraud in Arizona are posted on the firm’s website. Piton also appeared during a Nov. 30 election fraud meeting held by President Donald Trump’s legal team to allege voter fraud in Arizona. […]
Gateway Pundit reported that Twitter suspended Bobby Piton’s account on Nov. 30. Conservative-leaning news outlets The Epoch Times and Breitbart News reported on the suspension, as well. Piton has since established another account. He promotes QAnon loyalist phrase “Where We Go One We Go All” in his Twitter bio.
QAnon is based on the prediction of “The Storm,” an event marked by alleged mass arrests of high profile Democrats and left-leaning celebrities to save the world from a “satanic cult” of pedophiles and cannibals, USA TODAY has reported.
* And…
Bobby Piton, a mathematician who is connected to Ron Watkins, the man many believe was posting as Q and driving the QAnon conspiracy theory, called on the crowd to harass and intimidate elected officials and government workers who the conspiracy theorists believe have wronged them.
“Lock them into their damn houses,” Piton said. “Protest around their damn houses.”
* And…
Piton, who has shared many QAnon posts and messages on social media, is one of at least 33 supporters of the conspiracy theory who are running for Congress in the 2022 midterms.
It’s been tough to recruit a credible candidate to run against Sen. Tammy Duckworth because she apparently polls off the charts. But, I mean, wow.
...Adding… Piton was ejected from a Kane County Board committee meeting last July.
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