* Tom DeVore was on WMAY this morning with Greg Bishop…
Q: So what does this mean, though, when it comes to those districts that are still going to have mask mandates in place, because we do have those districts including the Chicago school districts and several others, who’ve said that they’re going to still require masks? Are they violating the the judge’s order here?
DeVore: Technically, they are not. Again, this is an interlocutory order, it’s a temporary order. Her language is very strong. And I think that’s why a lot of them relied upon that language in making their decision. So they’re not violating her order as it exists today. But what they are doing, Greg, and what their lawyers have been telling them all weekend, which is why you’ve got 200 school districts give or take that have went fully mask optional, no vaccine, testing program. What they’re telling them is that Judge Grischow’s order, if it carries the day, and it remains the law through the appellate court, that what they’re doing right now, even though it doesn’t violate her order, it could end up being illegal and a violation of people’s civil rights because [they] are knowingly doing something that she says is a due process violation. And if they continue to do that, and that remains to be the law, they could be exposing themselves to pretty significant civil rights claims. And so that’s why a lot of these school districts are switching to mask optional and they probably think that’s the best policy for their district anyway.
In other words, the school districts named in the suit are the only ones truly bound by the judge’s order. But, if her decision is upheld down the road, then it could be considered persuasive authority that the school districts should’ve known that imposing mask/vax/test mandates could result in civil rights claims. I checked in with an experienced attorney and he said that, as much he hated to admit it, he agreed with the DeVore analysis, but stressed that it wasn’t a slam dunk and doubted DeVore will prevail on appeal.
The governor said firmly yesterday that schools not named as defendants “should continue to follow the prescribed public health protocols,” but every district has their own lawyers, and lawyers often disagree with each other because it’s the nature of the profession and nobody really knows how a judge, particularly a county judge, will rule on big cases like this one.
* Tribune…
The Tribune spoke with Nancy Fredman Krent, who teaches education law as an adjunct professor at Chicago-Kent College of Law, about what the decision means for schools as the pandemic continues.
“The judge didn’t certify the class, so technically only the plaintiffs would be covered. But if you read the order, the judge enjoined the defendants (including both the state defendants and individual school boards) from requiring the school districts to mandate use of masks by students or staff,” Krent said. “So you can read the order as covering only the plaintiffs or read it as covering the defendants in their actions generally.”
She continued: “The judge refers in the footnotes to non-named plaintiffs without holding directly they are specifically covered, but she implies they are or, at a minimum, she believes that if they sue, they will get the same result as this decision.”
* Let’s go back to yesterday, via WCIA…
“Judge Raylene Grischow’s ruling is out of step with the vast majority of legal analysis in Illinois and across the nation,” Pritzker said, claiming her ruling “cultivates chaos.” […]
“The judge has created a tremendous amount of confusion even in the way she wrote her decision,” Pritzker said.
Judge Grischow temporarily halted the statewide mask mandate and wrote in her ruling that local school districts were free to “govern themselves accordingly.”
* WGN…
Widespread confusion in school districts across the state continues after a judge downstate ruled against the mask mandate.
Two school districts cover Hinsdale – and the two districts took two different approaches.
Elementary and middle schools switched to remote learning over concern the mask confusion would create disruptions in the classroom. But Hinsdale Central and South high schools were open, requiring students to wear masks. When some students didn’t comply, administrators moved them to a separate part of the building.
* WTTW…
Meanwhile, Mateo Farzaneh sent his third-grader to school Monday morning in Lincolnwood, worried that she wouldn’t keep her mask on.
Farzaneh said his family has been particularly cautious about the coronavirus given that he has a concerning health condition; he’s likewise mindful of teachers’ safety, and believes that masks should be mandatory as long as health experts say there’s a need.
Lincolnwood District 74 is not a plaintiff in the suit, and Grischow did not certify the case as a class action, but the Lincolnwood district wrote parents that the “court order is in effect and Governor Pritzker’s Executive Orders regarding facial masking are not” so at this point masks are recommended, not required.
Farzaneh said he had a careful conversation with his daughter about the need to keep her nose and mouth covered with a mask, even if other kids take off their masks.
* Fox News…
A group of high school students in the Chicago area walked out of class Monday after being told they had to wear masks to attend class.
The walkout came after Sangamon County Circuit Court Judge Raylene Grischow issued a temporary restraining order against Illinois Gov. J.B. Pritzker’s requirement that masks be worn in schools to prevent the spread of COVID-19.
Video shared on Twitter by Jon J. Kerr, publisher of The Kerr Report on Substack, shows a throng of maskless Vernon Hills High School students trickling out of the school.
* Daily Herald…
Wheaton Warrenville Unit School District 200, one of the defendants, opted for voluntary masking because of the ruling.
Some parents protested the decision outside the district’s offices Monday.
“I do think we’re in a period of confusion and disruption, and that’s why I think District 200’s decision was outrageous,” said Shannon Limjuco, a Wheaton parent who helped organize the demonstration. ” … Other school districts around us are staying the course with masking and other COVID mitigation, knowing that things are still in flux.”
* Sun-Times…
“This chaos is the sole responsibility of failed Governor, J.B. Pritzker,” Bull Valley businessman Gary Rabine said in a statement. “Illinois kids are paying for J.B.’s failed leadership.”
Aurora Mayor Richard Irvin and running mate state Rep. Avery Bourne, tweeted, “It’s long past time for Governor Pritzker to stop ruling this state under the guise of emergency executive authority. We need to end these mandates and restore the rights of parents and local communities.”
Petersburg venture capitalist Jesse Sullivan tweeted, “Despite countless other governors — including many democrats — following logic and science, Pritzker refuses to give up control of your kids or your community schools.”
State Sen. Darren Bailey of downstate Xenia tweeted, “As your next Governor, I will repeal all of Pritzker’s mandates. You should make these decisions, not government.”
* Letter from House Republican Leader Jim Durkin…
February 8, 2022
Governor J.B. Pritzker
Office of the Governor
207 State House
Springfield, IL 62706
Governor Pritzker,
Two years ago, when this pandemic started, we all knew, including myself, that swift action was needed. As the months and years went on, you made the decision to continually go it alone. Your play was backed by the Democrat leaders in the General Assembly, who happily gave you free rein to impose restrictions and mandates across the state.
I disagreed with this approach and have often urged you to work collaboratively with the General Assembly, to no avail. You refused to listen to anyone who disagreed with your decisions. Parents, legislators, business owners and people across the state deserved a voice. You personally denied my request to have your Director of Public Health appear before my caucus to answer our questions about the science on which these decisions were based.
Now we are entering year three of this top-down strategy, and we see the chaos that it has caused. Today I am dealing with irate parents scrambling for childcare to make it to work, students being separated in school buildings, and no answers from your administration. Your lack of a plan has forced people to give up hope that they can ever have a normal life in Illinois.
Just this week, California Governor Gavin Newsome announced that his state would lift its indoor mask mandate. New Jersey Governor Phil Murphy, Delaware Governor John Carney, and Connecticut Governor Ned Lamont have also announced some rollback of indoor masking requirements.
Governor, it has been a long two years, and the people of this state deserve to know what you are doing. Will you follow the lead of your democratic colleagues across the nation, or will you continue to force your will on the people of Illinois, depriving them of any optimism for their future and the future of this state?
Sincerely,
Jim Durkin
*** UPDATE *** IEA…
The following is attributable to Illinois Education Association Vice President Al Llorens regarding the ruling by Sangamon County Judge Raylene Grischow on the temporary restraining order (TRO) that would prohibit enforcement of face masks, vaccination, and Covid testing mandates:
“Our students thrive on consistency and the last two years have been anything, but consistent. We do not want another disruption to our students’ learning while we are still working to bridge the learning gap created by the pandemic. That’s why we believe our school districts should not make any rash decisions changing COVID safety requirements until after this process plays out in our court system. Our educators should be focused on their students - not worrying about health and safety. We’ve been able to keep our schools open with these safety measures in place. We know that in person learning is the best way for our students to learn and we should be doing everything we can to continue to meet in person. While we wait for the appellate court’s decision, we think it’s important to focus on working with parents to provide our students the best education possible. The only way we got through the last two years was by working together, and we need to continue to do so. Our students deserve a team of parents, community members, educators and other stakeholders behind them.”
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Campaign notebook
Tuesday, Feb 8, 2022 - Posted by Rich Miller
* Former Democratic state Rep. Mary Edly-Allen has been taking heat from the Legislative Black Caucus for missing votes on the Black Caucus’ “Pillars” during the January, 2021 session, particularly the SAFE-T Act. Members have been announcing support for Rep. Sam Yingling in his state Senate primary race against MEA. She wrote this and sent it to at least one BC member…
I was not able to attend the last few days of session in January 2021 because I immediately needed to go back to work teaching on January 4, 2021. Perhaps members aren’t aware, but while I was expected to serve until January 17, 2021 all of my benefits stopped December 31, 2020 including my medical insurance for myself as well as my sons. (I cover my under 26 year old children as a single mother) I was also not receiving a salary for January 2021. I wasn’t made aware of the cancellation of medical benefits and loss of income until the last week in December 2021.
Rep Slaughter called me around January 10, 2021 and asked if I could drive to Springfield to vote for the Black Caucus pillars. I explained the difficult position this put me in since I just started back to teaching, but I told him if he needed my vote I would arrange to come down. I requested the time off from my principal and attended session on January 12, 2021 with the sole intention of voting for the Black Caucus pillars. As I walked in, I was stopped by a reporter and asked why I was there. My response is recorded on Twitter saying, “It’s time for us white people to show up for our Black friends.” I stayed until 3am when Craig Willert came to me and said they had the votes and if I needed to, I could leave to go back to work. Only after I knew the bill would pass did I leave so I could get back to my new job.
* Irvin campaign…
As crime escalates throughout the state, Richard Irvin is reinforcing his commitment to both law enforcement and Illinois families by launching a petition to repeal JB Pritzker’s dangerous anti-police policies that have empowered criminals and crippled law enforcement.
Just yesterday, JB Pritzker was giving lip service at a press conference about making expressways safer as a shooting took place on the Dan Ryan at the very same time. It’s clear criminals are running rampant throughout Illinois knowing there will be no accountability for their actions. The threats to public safety will worsen as more parts of this law take effect.
“From this disastrous anti-police bill to letting child killers back into our communities, it’s clear that criminals know they will not be held accountable for their actions in JB Pritzker’s Illinois,” said Irvin. “We need to repeal cashless bail, stop anonymous complaints against officers, and make sure we are protecting law enforcement and victims of crime.”
Irvin has been a strong advocate for police, standing with them in Aurora to defeat the local Defund the Police movement and hiring more cops to effectively reduce crime. He brings a record of proven success compared to JB Pritzker’s record of high crime. Irvin is calling for residents to join him in supporting police and encourage repealing these dangerous policies.
* Sullivan…
Gubernatorial candidate Jesse Sullivan issued the following statement:
“Today we stand with families throughout the state who are letting their voices be known, demanding that J.B. Pritzker follows the science and lifts statewide mask mandates,” Republican candidate for governor Jesse Sullivan said.
“The images from schools across the state are deeply concerning: administrators locking kids in gyms and preventing entry for those exercising their right to come to school without a mask. The Pritzker administration and local districts must respect the TRO ruling, and Pritzker should be clear in ending his mask mandate once and for all.”
* “I’m a fiscal-social-constitutional conservative,” Jesse Sullivan told Brenden Moore. But he then clammed up when asked an insurrection question…
Sullivan, however, was mum when asked about a resolution passed last week by the Republican National Committee that declared the Jan. 6 insurrection at the Capitol “legitimate political discourse.”
That day, supporters of former President Donald Trump violently stormed the Capitol in an attempt to stop the certification of President Joe Biden’s Electoral College victory. About 140 police officers were injured and one was killed in the attack. More than 750 have been charged in connection with the riot.
“I do not pay attention to national politics at all,” Sullivan said. “I genuinely have no interest right now in fixing D.C., I have every interest in fixing Illinois. And my entire attention and focus is on my neighbors here in Illinois…”
Sorry, but no sentient, involved American adult can possibly be that ignorant of national politics.
* Politico…
— FIRST IN PLAYBOOK: Attorney ShawnTe Raines-Welch, who’s married to Illinois House Speaker Emanuel “Chris” Welch, is throwing her hat in the ring for a Cook County judge seat. She’s so far self-funding, writing her campaign a check for $100,100, according to the State Board of Elections. Raines-Welch is a partner at the Ancel Glink law firm in Chicago. Her husband also is of counsel there, according to the company’s web site.
— FIRST IN PLAYBOOK: Alexi Giannoulias picked up the endorsement of elected leaders from across Illinois. State Rep. LaToya Greenwood and state Sen. Chris Belt, both of whom represent East St. Louis. State Rep. Marcus Evans Jr., who chairs the labor committee in the State House, Chicago. Ald. Greg Mitchell (7th) and Cook County Commissioner Brandon Johnson.
— Rep. Marie Newman has won endorsements from state Sen. Emil Jones III, state Rep. Mike Zalewski, Bremen Township Supervisor Kathryn Straniero, and Cook County Commissioner Frank Aguilar, in her bid for the 6th Congressional District. Here’s the full list
— Sam Yingling, a state representative running for the state Senate’s 31st District, has been endorsed by state Sen. Robert Peters, Senate Chair of the Illinois Black Caucus.
I told subscribers on January 24th that Ms. Raines-Welch was running for a current judicial vacancy.
* The 53rd District is represented by Rep. Mark Walker (D-Arlington Heights). From the HGOPs…
Today, Jack Vrett launched his campaign for state representative in the 53rd District, encompassing portions of Elk Grove, Maine, Palatine, and Wheeling townships in Cook County.
“Illinois is on the wrong track, and I am running for state representative to restore sensible policies and push back against the extreme agenda that has led to rising crime, closed schools, and higher taxes,” said Vrett. “I support a balanced, common-sense approach that builds on core values we all share, whether it is fighting on behalf of victims and the police, parents and students, or the middle and working class families who have been left behind.”
From 2009-2014, he served in the U.S. Army J.A.G. Corps, including nearly four years with the storied 101st Airborne Division. In December of 2010, Jack deployed as a Captain to eastern Afghanistan where he contributed to U.S. counterinsurgency operations as an international and operational law attorney.
Following his return from Afghanistan in May of 2011, Jack served as adjunct faculty to the U.S. Defense Institute for International Legal Studies and was sent on missions to Ukraine and Slovenia where he helped train U.S. allies on the laws of war and international human rights law. He also served as an instructor at the Pentagon where he taught operational law to deploying J.A.G. officers. He was a contributing author to U.S. Military Operations: Law, Policy, and Practice, published by the Oxford University Press in 2015.
After his service in Afghanistan, Jack was assigned as a Special Assistant U.S. Attorney prosecuting crimes committed by civilians in and around Fort Campbell, Kentucky, including domestic violence, shoplifting, and driving under the influence. He received additional training in criminal advocacy and counter-espionage prosecution.
Jack left the U.S. Army in 2014 and accepted a position as a civilian attorney with the U.S. Department of Defense. The following year, he accepted a position as Deputy General Counsel for the Illinois Department of Central Management Services. Jack left public service in 2017 and joined the Arlington Heights-based law firm, Hodges Loizzi. Jack is now a Partner at Honigman LLP.
Jack graduated from Northwestern University and earned his law degree at Marquette University Law School. He is admitted to practice in Illinois and Wisconsin and various federal courts, including the Trial Bar for the U.S. District Court for the Northern District of Illinois and has been recruited by the federal court to represent a prisoner’s civil rights case on a pro bono basis.
Jack resides in Arlington Heights with his wife Rose Marie and their rescue puppy Coco. He was born in nearby Woodstock and has two children from a previous marriage. Jack and Rose Marie are active members of the St. Alphonsus Catholic Church, where they first met, and serve on its Parish Council.
…Adding… Press release…
Today, community leader, small business owner and south side native, Jonathan T. Swain, launched his campaign for Illinois’ 1st Congressional District. Serving in leadership roles throughout the public, private, and non-profit sectors, including his most recent role as President and CEO of LINK Unlimited Scholars, Swain has sought to solve the unique problems facing Chicago’s underrepresented families and communities. He intends to bring that same ethic and commitment to Congress.
Swain launched his candidacy via a video that chronicles his life as a proven leader with unique experience across government, business and community sectors while lifting up Chicago’s Black youth through his non-profit work. Watch the video here.
“More is at stake for our community, our country and our democracy than perhaps ever before. I’m running for Congress to bring a nonprofit, business and civic lens to this position and provide the kind of proven leadership that our district needs today,” said Jonathan T. Swain. “As a lifelong Chicagoan and South Sider, I understand the life experiences and values of the 1st District – I grew up here, I lead a business here, I have served here and I am raising my children here. I hope to earn the opportunity to continue my life’s work of expanding opportunity and uplifting the community I call home as its Congressman.”
Since filing for his candidacy two weeks ago, Swain has raised just over $200,000, demonstrating confidence and hope that has inspired donors to support the first-time candidate for elected office.
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* The Illinois Municipal League laid out its 2022 legislative agenda…
Restoration of Local Government Distributive Fund Revenues
HB 315 (Rep. DeLuca, D-Chicago Heights)
LGDF distributions play a role in funding critical municipal services and keeping the local tax burden low. Without LGDF, communities across Illinois would need to explore increases to other fees or taxes – including property taxes. When originally enacted, 10% of total income taxes in the state were dedicated to LGDF. Now, the state dedicates only 6.06% of individual income tax collections and 6.845% of corporate income tax collections to the fund. This proposal would incrementally increase amounts transferred from the State of Illinois’ General Revenue Fund to LGDF to 10% of net revenue realized from income taxes imposed on individuals, trusts, estates and corporations. IML is also supportive of SB 3010 (Sen. Murphy, D-Des Plaines) and HB 4169 (Rep. DeLuca, D-Chicago Heights), alternative proposals that would each increase LGDF to 8% beginning in SFY 2023.
Authority to Conduct Remote Meetings
SB 482 (Sen. Castro, D-Elgin)
This proposal would permit public officials to conduct a remote meeting without the issuance of a gubernatorial disaster declaration. Specifically, this proposal would allow the head of a public body to determine if an in-person meeting is not practical or prudent or if conducting an audio or video conference is in the best interest of the public or the public body.
Authority to Fulfill Public Notice Mandates Online
SB 3620 (Sen. Castro, D-Elgin)
Public notice requirements are an important and beneficial service provided to citizens. These requirements also add costs to local governments and their taxpayers, particularly for mandates to place notices in newspapers. This proposal would grant municipal governments the option to fulfill public notice mandates on a publicly available and searchable website. This is a shift to be more current with modern technology and to recognize how residents increasingly find and view public notices.
Reamortization of Downstate Public Safety Pension Funds
HB 308 (Rep. West, D-Rockford)/SB 3623 (Sen. DeWitte, R-St. Charles)
The current amortization schedule for downstate police and firefighter pension funds is significantly shorter than other statewide, state-administered and Chicago-based pension systems despite downstate public safety pension funds having better funding ratios (excluding the Illinois Municipal Retirement Fund). These proposals would extend the amortization date for downstate public safety pension funds to the end of Municipal Fiscal Year (MFY) 2050 or later or decrease the required funding ratio to 80% of total actuarial liabilities in order to provide immediate financial relief to affected communities.
* The Pritzker administration pointed me to page 52 of the budget book…
A critical part of the state financial infrastructure is the operations of local governments. When possible, the State has provided additional funding mechanisms to help local governments through a myriad of ways, including one-time and permanent revenue supports to minimize the need for local property taxes. Examples of on-going support, totaling over $1.1 billion annually, enacted since Governor Pritzker took office include:
• An additional $200 million a year in sales taxes from the passage of internet sales tax language following the Wayfair decision, including the Leveling the Playing Field for Illinois Retail Act, to help ensure compliance with state tax laws on internet sales.
• Over $600 million annually in additional motor fuel taxes directed to local governments and transit districts to support needed transportation projects through the passage of Rebuild Illinois.
• Granting $1.5 billion in state transportation bond funds directly to local governments for road and highway project expenditures, saving local governments $110 million annually in debt service costs from not issuing local bonds.
• Authorization of adult-use cannabis, generating an estimated $91 million in additional revenues for local governments.
• Increased allocations through the Local Government Distributive Fund process totaling $46 million annually from business loophole closures included in Public Act 102-16.
• Increased tax rates and positions for video gaming operations is expected to generate an additional $70 million a year for local governments.
• Anticipated additional local revenues from the opening of new casinos authorized under the Rebuild Illinois plan.
Illinois allocated to smaller local governments $250 million from its Coronavirus Relief Fund allocation and established the infrastructure necessary to allocate and distribute the $740 million Local Fiscal Recovery Fund payment received pursuant to ARPA. These key sources of funding will help small local governments maintain services during uncertain fiscal times.
As noted above, Public Act 101-0610 consolidated the assets of local police and fire pension funds into two statewide funds to increase investment returns and lower management costs. Helping lower the pressure on local property taxes, the consolidation is estimated to produce additional returns worth billions of dollars over the next 20 years. The higher investment returns from consolidation will translate into fiscal relief for local taxpayers supporting these pension costs.
Finally, in the last few years, local governments have seen an increase in the percentage of income and sales taxes that state government shares with towns, counties and transit districts due to removal of the distribution proration that was put into place during the budget impasse. In fiscal year 2018, these allocations totaled $1.7 billion, but are expected to total $2.5 billion in the fiscal year 2023 budget proposal – an $800 million, or 47 percent increase - in state support in the last five years.
Also, local newspapers will mobilize against the loss of revenue from official public notices, and I kinda doubt the IML will get its kick the can wish on pension funds. But, hey, you can’t get something if you don’t ask.
…Adding… I adjusted the headline to reflect the projected $1 billion cost of the group’s LGDF ask.
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* More illiterate and dangerous nonsense about Rep. Deb Conroy’s bill from a quasi news outlet…
Illinois could indefinitely quarantine anyone who refuses vaccination, examination, or observation, under a bill pending in the House.
Cats and dogs would fare worse than people, as the bill would allow the public health department to kill any animal. The state would compensate animal owners, if they cooperate. […]
It would allow the department to examine, test, disinfect, seize, or destroy animals.
An owner would receive notice, and the department might agree with the owner on the value of an animal.
If they didn’t agree, each side would pick an appraiser and the appraisers would pick a third appraiser.
Destruction would follow appraisal immediately.
The Humane Euthanasia in Animal Shelters Act would apply to dogs and cats, and the Humane Care for Animals Act would apply to other animals.
As always, this language is already in state law. It is beyond ridiculous that such a report would ever be published. Also, you might wanna ask farmers and ranchers trying to protect their herds from hoof and mouth disease how valuable this state law is.
* Also too, there are also plenty of safeguards…
When the Department determines that any animal or related property is infected with or has been exposed to a dangerously contagious or infectious disease, it may agree with the owner upon the value of the animal or of any related property that it may be found necessary to destroy, and in case such an agreement cannot be made, the animals or related property shall be appraised by 3 competent and disinterested appraisers, one to be selected by the Department, one by the claimant, and one by the 2 appraisers thus selected. The appraisers shall subscribe to an oath made in writing to fairly value the animals or related property in accordance with the requirements of this Act. The oath, together with the valuation fixed by the appraisers, shall be filed with the Department and preserved by it.
* As we’ve discussed, DuPage County Board member and GOP candidate for board chair Greg Hart has slammed the Conroy bill. He now refuses to withdraw his unfounded criticism…
A spokesman told Playbook last night that Hart stands by his statement.
You really gotta wonder if these stories are part of a campaign of harassment to push Rep. Conroy out of the DuPage chair’s race. And if it didn’t start that way, it sure is morphing into it now. Conroy thinks it’s deliberate…
Conroy told Playbook she has closed down her office and is being escorted by police while investigators try to track down the origin of the threats, including a phone message that said, “I’ll take you by gunpoint.”
She sees the threats as an organized effort to scare her out of the race for the DuPage County Board chair seat she’s seeking. “I’ve taken on a lot of fights in my career, and I’m proud of them. I’m struggling with the realization that people will actually stoop that low for political gain.”
*** UPDATE *** Another politician who doesn’t have the first clue of how to read a bill and yet feels comfortable asserting that an Illinois legislator wants to round people up…
Northfield Township Committeeman TJ Brown is on high alert after a Democrat-sponsored bill would grant state and local government extraordinary powers during times of public health crises.
The bill – HB 4640 – is sponsored by State Rep. Deb Conroy (D-Villa Park). It has been roundly criticized for its authoritarian tone.
Conroy’s bill would allow the state to “isolate or quarantine persons who are unable or unwilling to receive vaccines, medications, or other treatments.”
“When I first heard about this bill from a member of our organization in Northfield Township, I initially thought that it was an overwrought exaggeration. But then I read the text of the bill. If anything, my concerned member understated the extent of this bill. I don’t know how it could pass Constitutional muster, compelling people to either submit to a physical examination (including but not limited to a COVID test) or be forced to isolate from their family, friends and associates,” Brown told North Cook News. […]
“This bill would not pass a General Assembly comprised of serious people who eschew a dystopian police state,” Brown said. “However, I expect it to pass the Illinois General Assembly, and I expect yes votes from the lawmakers who represent Northfield Township: Bob Morgan (who is sponsoring a vaccine registry bill), Jonathan Carroll (who proposed a heinous bill depriving unvaccinated people of health care), Laura Fine, Julie Morrison, Jennifer Gong-Gershowitz, and Robyn Gabel (who gutted the health care right of conscience act). I also expect yes votes from Marty Moylan and Laura Murphy, who will represent a small corner of our township starting next year. I beg each of them to surprise me, to show some respect for individual rights.”
What a crock.
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* Sun-Times…
Hoping to curb rising crime on Chicago expressways, Gov. J.B. Pritzker and the director of Illinois State Police held a news conference Monday to spotlight arrests that have occurred since patrols were increased and more surveillance cameras were installed.
But as they spoke, a person was shot on the Dan Ryan Expressway at Canalport near downtown — the 14th person shot on an expressway in Cook County this year. No arrests were reported.
The governor and State Police Director Brendan Kelly insisted their efforts since last fall have made expressways less attractive for committing crime. They said 20 people were charged with violent crimes after more troopers were deployed in October and nearly 100 cameras were placed on the Dan Ryan.
“Anyone even thinking of committing violent crimes on our expressways ought to be on notice that they are more likely today than ever before to get caught,” Pritzker said. “If we want to reduce crime, we have to solve crime.”
Neither he nor State Police Director Brendan Kelly provided examples of crimes being solved by the 99 new license plate reading cameras on the Dan Ryan. State police said they installed them last year, and have plans to install 200 more on other expressways with $12.5 million in state funding.
So, are the license plate readers helping or no?
…Adding… Director Kelly at the press conference…
The installation of these ALPRs has already begun to aid the ISP with intelligence and evidence leading to arrests related to these expressway shootings and aggravated fleeing and eluding violations tied to aggravated vehicular hijackings and other violent crimes in nearby communities.
* Tribune…
As Democratic Gov. J.B. Pritzker tries to fend off Republican rivals who accuse him of being soft on crime, his office is announcing the arrests of about a dozen people in the last several months for crimes on Chicago-area expressways.
The rise in violent crime afflicting parts of the state has not spared the city’s expressways, which are patrolled by Illinois State Police. There were roughly 260 shootings on Chicago-area expressways in 2021, about double the number on those roadways the previous year, according to the state police. […]
“The crime scene itself is moving at 70, 80, 90 miles an hour down the expressway,” said Kelly, who was tapped by Pritzker in 2019 to lead the state police. “The evidence is more like a debris field than it is at a typical crime scene on a street corner or in a parking lot, wherever the case may be, within a home or within a business, it is spread out all over the place.”
“And then you have people literally driving through the crime scene repeatedly until law enforcement is able to get there and secure the scene,” Kelly said. “People that are the victims of these cases may not be able to identify what they saw. So, all that is moving very quickly.”
* Patch…
Monday’s announcement came after the Illinois State Police reported 273 expressway shootings in 2021. State Police officials recently released data on an interactive map that tracks expressway shootings back to 2019. Kelly said Monday that 24 homicides took place on the state’s expressways in 2021.
Pritzker has announced he will deploy more state troopers on local expressways and that more state police helicopters will monitor expressway activity from the air. Pritzker said that the charges against the 20 people are proof that the extra measures by police are working as officials look to crack down on “heinous shootings that spill over from neighborhoods and onto the expressway,” the governor said in a news release on Monday.
Kelly said in a news release that 99 license plate readers were recently installed on the Dan Ryan and said that police officials are working with the Illinois Department of Transportation to install another 200 license plate readers within the next year.
* ILGOP…
Illinois Republican Party Spokesman Joe Hackler released the following statement in response to Pritzker’s failed attempt to mislead Illinois voters on crime:
“JB Pritzker must accept responsibility for skyrocketing crime in this state. He signed the most pro-criminal, anti-police legislation in Illinois history. He sided with Kim Foxx. His Prisoner Review Board let out violent criminals early, including cop-killers. There’s simply no media stunt or campaign ad that can change the reality of crime in Illinois.”
* From the Richard Irvin campaign…
From the disastrous crime bill to letting child killers back into our communities, it’s clear that criminals know they will not be held accountable for their actions in JB Pritzker’s Illinois. Our families need and deserve a governor who will back our police and stand up to the criminals that are terrorizing our streets.
…Adding… DPI…
One week after Richard Irvin finally made himself available to reporters, Illinois voters are left with far more questions than answers. A closer look at Irvin’s background reveals he enjoyed a 15-year career as a criminal defense attorney where he made big money off keeping violent abusers, sex offenders, and gang members out of prison. As reported by multiple outlets, Irvin’s first law firm, the Law Office of Richard C. Irvin and Associates, brazenly advertised its services defending clients accused of domestic violence, violent felonies, and more. Irvin even advertised his five years as a prosecutor as the reason he can construct “effective defense strategies.”
“No wonder Richard Irvin would rather avoid tough questions and instead communicate through consultant-crafted videos: he’s not being honest about his record,” said Democratic Party of Illinois Deputy Director Jake Lewis. “Irvin would rather dodge reporters and hide from voters than explain why he ‘zealously defended’ the very criminals he purported to prosecute. Actions speak louder than words, and Richard Irvin’s 15-year career making big money off defending criminals says more than any tough-talking TV ad ever could.”
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Oppo dumps!
Monday, Feb 7, 2022 - Posted by Rich Miller
* Irvin campaign…
An alarming news report revealed that Governor JB Pritzker released two murderers early from prison, both who murdered their young children. These tragedies, coupled with Pritzker’s sweeping changes to criminal justice reform, have diminished public safety in Illinois. As a tough on crime former prosecutor, Richard Irvin responded:
“He’s paroled people early. He paroled a man early that beat his 6-year-old child to death,” Irvin said.
Downstater Kwayera Jackson beat his 5-month-old son to death in 1998, later telling a court he considered it “strength training” for the child.
Alma Durr, of Calumet City, shot her 21-month-old son with a .357 revolver, later blaming “stress.”
Pritzker has quietly commuted 17 sentences since 2020, including 7 violent offenders.
* From that Fox 32 oppo dump story…
A spokeswoman for the governor said Pritzker follows closely the recommendations of the state prisoner review board, which remain confidential. Her written statements said:
“Alma Durr served 24 years … both prosecutors and her adult daughter supported her clemency petition.”
“Kwayera Jackson served 21 years. According to publicly available files, he was 18-years-old at the time of the crime and had no criminal history.”
A spokeswoman for Gov. Pritzker’s campaign said it is Irvin, in his private law practice, who has attempted to free notorious criminals accused of offenses such as domestic abuse and drug dealing.
* And then I received this oppo dump about some of Irvin’s clients…
ROBERT BOOKER
Booker Punched His Girlfriend In The Throat And Pushed Her Head Into The Wall. “[Robert Booker] knowingly caused bodily harm to Elizabeth Medina, the girlfriend of the defendant, in that said defendant pushed her head into the wall and struck her in the throat with a closed fist, causing visible signs of distress and difficulty swallowing.” [People of the State of Illinois v Robert Booker, Count 2, 2/27/17]
Booker Beat Male Victim With A Mop. “Robert L. Booker, while committing a battery… knowingly caused great bodily harm to Jonathan C. Rodarte, in that he struck Jonathan in the head several times with the handle of a mop, causing the mop to break and Jonathan to briefly lose consciousness. Jonathan was admitted to Presence Mercy Hospital with signs of a concussion, chipped teeth, and facial lacerations.” [People of the State of Illinois v Robert Booker, Count 1, 2/27/17]
ANDREW SADLER
Sadler Strangled His Girlfriend. “[Andrew Sadler] knowingly caused bodily harm to Christina Aguilar an intimate partner and household member of the defendant as defined by The Illinois Domestic Violence Act, in that he intentionally strangled Christina Aguilar about the neck area by applying pressure on the throat or neck of Christina Aguilar thereby impeding the normal breathing of Christina Aguilar.” [People of the State of Illinois v Andrew Sadler, Count 1, 12/29/16]
Sadler Strangled And Put Pillow Over His Girlfriend’s Face. “[Andrew Sadler] knowingly caused bodily harm to Christina Aguilar, an intimate partner and household member of the defendant, in that said defendant tackled, strangled and placed a pillow over Christina Aguilar’s face preventing her from breathing normally.” [People of the State of Illinois v Andrew Sadler, Count 2, 12/29/16]
Sadler Choked His Girlfriend And Put Pillow Over Her Face. “[Andrew Sadler] knowingly made physical contact of an insulting nature with Christina Aguilar, an intimate partner and household member of the defendant, in that said defendant tackled, choked and placed a pillow over Christina Aguilar’s face preventing her from breathing normally.” [People of the State of Illinois v Andrew Sadler, Count 3, 12/29/16]
Sadler Took His Girlfriend’s Phones To Stop Her From Calling 911. “[Andrew Sadler] knowingly took Christina Aguilar’s (an intimate partner and household member of the defendant) phones and hid them preventing her from calling 911 to report domestic violence.” [People of the State of Illinois v Andrew Sadler, Count 4, 12/29/16]
Sadler “Strangled Her, Slammed Her Body To The Floor.” “[Andrew Sadler] knowingly caused bodily harm to Christin Aguilar, a family or household member of the defendant, in that the defendant tackled her to the floor, strangled her, slammed her body to the floor, and placed a pillow over her face.” [People of the State of Illinois v Andrew Sadler, Count 2, 1/25/17]
SKYLER ELLIS
Ellis “Punched And Hit” Victim In The Face. “[Skyler Ellis] knowingly caused bodily harm to Jalen R Ellis, a family or household member of the defendant, in that said defendant punched and hit Jalen R Ellis in and about the face.” [People of the State of Illinois v Skyler Ellis, Count 1, 1/21/17]
ALEXANDER NUNEZ
Nunez “Kicked” Police Officer On The Face And Shoulder. “[Alexander Nunez] knowingly caused bodily harm to Ofc. Shettles in that he kicked OFC Shettles on the left shoulder and left side of the face, knowing said victim to be a peace officer, while performing his official duties.” [People of the State of Illinois v Alexander Nunez, Count 1, 7/5/16]
Nunez Punched Victim In The Face. “[Alexander Nunez] knowingly caused bodily harm to Moenkemier, Michal J, a family or household member of the defendant, in that said defendant punch Michael in the face with a closed fist.” [People of the State of Illinois v Alexander Nunez, Count 3, 7/5/16]
* Greg Hinz pressed Irvin on this topic the other day…
Irvin defended his work as the name partner in a family and criminal defense law firm. According to the firm’s website, it represents, among others, people accused of heroin possession, domestic battery and parents who are in danger of losing their children to state custody because of alleged abuse.
“Listen to me,” Irvin said. Under the U.S. Constitution, a bedrock of our institutions, “every person (is) innocent until proven guilty. I represent the Constitution, but I was also a prosecutor.”
Why, though, do you choose to represent these people? “My job always is to represent the Constitution of the United States of America and Illinois, and that’s exactly what I do: ensure they have due process,” he replied.
…Adding… I should’ve posted this ILGOP release here as well…
Pritzker says he supports police by attending their funerals
Last week, reporters asked Gov. JB Pritzker whether he felt responsible for rising crime in Illinois and for the brutal deaths of police officers since his anti-police, pro-criminal legislation became law.
Pritzker’s response, as reported by the Chicago Tribune:
“I attend the funerals of police officers. I talk to family members in the wake of the deaths of their loved one who was a first responder,” Pritzker said. “So, no one needs to tell me about the seriousness of the attack that has taken place on a police officer because I feel it, I talk to those people, unfortunately, too regularly. But it’s also one of the important duties of being governor.”
How outrageous and disgusting. JB Pritzker signs the most anti-police legislation in Illinois history while his Prisoner Review Board lets cop-killers out of prison early – and his response to skyrocketing crime and the murders of police officers is to brag about attending the funerals of police officers?
“Governor Pritzker is responsible for the rise of crime in Illinois and to deflect criticism by bragging about his attendance at police funerals is absolutely reprehensible,” ILGOP Chairman Don Tracy said. “Pritzker thinks attending police funerals is one of the important duties of being governor. Well Governor, do you know what’s more important? Supporting police in jailing violent criminals so no one has to attend another funeral. The Governor turned his back on law enforcement and the law-abiding public by signing that anti-police, pro-criminal legislation.”
* More from that Tribune story…
Democratic Gov. J.B. Pritzker on Friday defended his support for sweeping criminal justice reforms he signed into law last year and dismissed GOP candidate Richard Irvin’s accusation that it played a role in law enforcement officer deaths as unfounded political exaggeration.
“Richard Irvin is exaggerating because he doesn’t really understand the law. It seems like if you’re running for governor, you ought to understand the law. The law that he’s referring to is one that mostly doesn’t go into effect until next year,” Pritzker said of Irvin, the mayor of Aurora and one of five Republicans running for governor.
“He also misunderstands what that law is about. It would keep people in prison who could otherwise afford to get out of prison. These could be very violent criminals. And it allows people who are nonviolent criminals who may be in jail for a petty offense, and just don’t have $100, to get themselves out of jail,” the first-term governor said.
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* From the governor’s budget/State of the State address…
Leadership in times like these does not dance idly wherever the wind might blow. Leadership in times like these means having the courage to stand on deck while the waves crash around you and you keep the ship pointing toward home.
The din of a crisis is when a carnival barker’s shout becomes a whisper soft enough to find the ears of the sick or worried or grieving or scared…and the poison they worm into the hearts of the vulnerable is that it’s “those people” …the ones who live in that city, the ones who worship at that altar, the ones who were born in that place…who are responsible for the hard times.
It’s a playbook as old as the play. And it’s that kind of thinking I am asking you to reject in this moment.
* Dave Dahl followed up with some real life carneys…
“I’d like to correct the governor, if I may. They’ve always been referred to in the profession as talkers,” said Lee Stevens, past president of the International Independent Showmen’s Association. “Not barkers.”
Adding her voice to the chorus to defend the honor of circus performers and carnival workers is Amancay Kugler of Chicago. She uses the lyra – a hoop strung high in the air, not unlike a trapeze.
Kugler says Pritzker is not the first, nor will he be the last, to try to smear someone with the performers’ good name. “Even (then-President Barack) Obama in 2011 referred to Donald Trump as a carnival barker, which was very distressing for real carnival workers,” she said with a laugh, “to be compared to that man.” […]
“Clowns are very hardworking people,” she said after a pause. “Honestly, I’ve done clowning workshops. It was the hardest thing I’ve ever done, and I routinely hang from one elbow twenty feet in the air.”
In other words, calling a politician a clown is offensive – to clowns.
Heh.
I asked about this over the weekend and was half-jokingly told by a top Pritzker official that they had already decided to move on from “carnival barkers” to “spelunkers of misery”…
Contrary to those folks who spend their time orbiting Illinois politics just spelunking for misery, our state has a lot to be proud of.
* Mark Glennon at Wirepoints…
On a related note, Pritzker’s press secretary yesterday made her own contribution to excellence in journalism by introducing a new Twitter hashtag to use on critics — #spelunkingformisery. That’s from Jordan Abudayyeh, who was the first appointment to the task force.
What the hell does spelunkingformisery mean, you ask? Well in his Wednesday State of the State speech Pritzker expanded on the usual “carnival barkers” label he uses on us critics. We are “folks who spend their time orbiting Illinois politics just spelunking for misery,” he said. Abudayyeh’s colleagues apparently were impressed with her creativity. Christian Mitchell and Andy Manar, both deputy governors, began using the hashtag.
Now, I happen to know some actual spelunkers. They are swell people. I can’t imagine the pain they must feel seeing spelunking used as part of an insult. So, on their behalf, I hereby demand addition to the Local Journalism Task Force of one member of the Illinois Spelunkers Association.
That piece was probably the wittiest thing the pointy wires guy has ever written.
…Adding… The BGA’S David Greising has been eagerly inviting Illinoisans into Ken Griffin’s anti-tax carnival tent for years and is a noted misery spelunker, yet professes ignorance and throws in what looks like a fat joke in his own op-ed…
Such truths, he claimed, were not seen by “those folks who spend their time orbiting Illinois politics just spelunking for misery.”
I’m not sure who those people are, or what caves they crawled out of. But they must have spurned deep-fried Twinkies at the state fair to get Pritzker so ticked.
I’d say that was clownish behavior on Greising’s part, but I’ve taken Ms. Kugler’s comments to heart. /s
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* From House Speaker Chris Welch…
February 7, 2022
Leader Jim Durkin
316 State House
Springfield, Illinois 62706
Leader Durkin,
I was recently asked in a public radio interview if I was worried about the future of our democracy. While I truly believe our great American experiment will prevail, I am growing increasingly worried about the incivility and disrespect that has become near commonplace in political discourse.
Less than 5 hours after I answered that question about our democracy, another one of our Democratic colleagues was forced to close her office due to repeated death threats against her and her family after a radical and dangerous disinformation campaign seized on yet another chance to further divide our citizens. The situation was made worse when a member of your Republican caucus issued a statement fanning the flames of this vitriol with the same inaccurate information. I sincerely hope the representative is merely misinformed, in which I will call on you to set the record straight, because purposefully mischaracterizing the intentions of our colleagues for political gain must stop. If we are to restore public trust and faith in government, we must do it together with honesty, decency and respect for one another.
At least four of our Democratic colleagues have received threats against their lives, their loved ones or their place of worship in recent months. I know your caucus is no stranger to this unacceptable behavior, as we witnessed those who voted to end the Rauner budget impasse suffer a similar fate. We also saw this on full display at the national level when Republican Congressman Adam Kinzinger was not only censured by his party for rightfully holding former President Donald Trump accountable for a deadly insurrection on our U.S. Capitol, but was also shunned by his family and met with hostility from far-right constituents. We’ve all watched this intolerant partisanship worsen each year poisoning our politics, and it is now seeping into the crevasses of our daily lives.
I write to you not to blame a single ideology or political party; we all share responsibility to ensure civility remains in our politics. But, it is time we take an active role in finding and being a part of the solution. If we are to restore common courtesy and civil disagreements that the very fabric of our democracy relies upon, it must start with us as leaders.
I say often, Illinois’ great strength is our diversity. But, it’s our unity that helps us forge a brighter path for tomorrow. I hope you can work with me to help heal our increasingly divided state by standing firm for our democratic values and always operating with mutual respect for all people. There are times when we will fundamentally disagree, but it’s our right and our responsibility to find solutions, areas of compromise and a common purpose in government.
Let’s make a conscious effort to bring civility back to Springfield. I hope you’ll join me. Sincerely,
Emanuel “Chris” Welch
Speaker of the House
I have asked Leader Durkin’s spokesperson for a response.
*** UPDATE *** Leader Durkin’s response…
February 7, 2022
House Speaker Emanuel Chris Welch
Room 300 Illinois State Capitol
Springfield, IL 62706
Speaker Welch,
As I reflect on the state of politics today, I firmly believe we are a better General Assembly and a better state when respectful voices are heard. As elected officials, we all share a great passion for the direction of Illinois, but when words and actions cross the line from disagreement to threats, I will always speak up as I have done on this issue. No one in a free society should ever be tolerant of threats.
I am not immune to the constant barrage of threats and harassment, nor are members of my caucus, but we can never let the fringe elements that neither party is immune from control the narrative. In an effort to be part of the solution, I encourage you to allow the voices of the minority party to be heard and not continue to be disregarded. Cooperation and civility is a two-way street. I will always commit to intellectual integrity, honesty and fair play – a better approach.
Sincerely,
Jim Durkin
House Republican Leader
82nd District
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* Greg Hinz…
Smash-and-grab organized retail theft has clobbered stores throughout the Chicago area—and new draft legislation designed to crack down on it, to be unveiled later today, appears to have a pretty good head of steam behind it.
At a mid-morning press conference, the Illinois Retail Merchants Association and Attorney General Kwame Raoul are scheduled to talk about a pending package that would create a new criminal offense—organized retail crime—and make it much easier for prosecutors to pursue cases of so-called flash mob theft.
The agreement in principle has not yet been filed as an actual bill, but according to IRMA chief Rob Karr has received “very positive feedback” from legislative leaders in private briefings in recent days. “I’m optimistic about getting their support,” Karr told me in a phone call.
* Press release…
With organized retail crime plaguing neighborhoods across Chicago and communities throughout the state, the Illinois Retail Merchants Association in partnership with Attorney General Kwame Raoul today announced a sweeping proposal to combat these criminal rings, prevent illicit trade and provide retailers additional tools to protect the safety of employees and customers.
The proposal represents one of the most comprehensive efforts in the nation to combat organized retail crime by addressing the problem from multiple angles. This includes providing prosecutors with more tools to hold criminals accountable, dedicating state funds to investigate and prosecute the criminal rings carrying out these brazen thefts, requiring more oversight of third-party marketplaces where stolen goods are sold, stronger rights for victims of organized retail crime and the creation of statewide intelligence gathering and sharing platform to allow retailers and law enforcement agencies to better coordinate.
“The impact of organized retail crime reaches far and wide, threatening the safety of employees and customers and putting our communities at risk of further crime including illegal firearm purchases, human trafficking and even terrorism,” said Rob Karr, president & CEO, IRMA. “We are proud to stand with Attorney General Raoul to propose real changes that will aid retailers, protect our employees and consumers and provide for safer communities across the state. We look forward to working with the leaders and legislators in the House and Senate to implement these important changes.”
The proposal calls for the creation of the Organized Retail Crime Act, providing the emphasis and focus required to combat this dangerous form of retail theft, which is usually performed by criminal groups with the goal of reselling stolen items to fund illicit activities. Those participating in smash and grab robberies as well as the looting of supply chain vehicles could be prosecuted for organized retail crime. Prosecutors would be given wider discretion to bring charges regardless of where the crime takes place. For instance, if the conspiracy, theft, and selling all occurred in different jurisdictions, each jurisdiction would have the ability to prosecute the whole crime.
In addition, those participating in organized retail crime could be prosecuted by the Attorney General via the Statewide Grand Jury. This would give law enforcement officials another avenue by which to hold leaders of criminal rings accountable. Further, victims of organized retail crime must be given at least seven days’ notice of all court proceedings, which must be sent to the establishment where the crime occurred as well as any persons the victims designate.
To support these efforts, the proposal calls for earmarking state funds on an annual basis to create new positions in the Attorney General’s office and various State’s Attorneys offices across the state solely dedicated to investigating and prosecuting retail theft and illicit trade. To qualify for funding, officials must agree to prosecute offenders and seek state-imposed penalties, as well as meet annual reporting requirements that includes but is not limited to information about arrest and conviction rates, sentencing information and value of goods recovered.
“We cannot make the mistake of looking at organized retail crimes as being isolated events if we are to fully address the problem,” said Attorney General Kwame Raoul. “I established an Organized Retail Crime Task Force because collaborations between law enforcement, the retail industry and government are critical to interrupting the criminal enterprise behind these crimes, which are frequently connected to drug and human trafficking. I appreciate the partnership of the Illinois Retail Merchants Association as we continue working to protect communities from organized retail crime and the criminal organizations behind it.”
The proposal builds on the work of the Attorney General’s Organized Retail Crime Task Force, which is designed to investigate these crimes and trace them to their source. In December, the task force and the Chicago Police Department Force recovered stolen good worth millions of dollars during a sting operation. IRMA also works with the United to Safeguard American from Illicit Trade (USA-IT) Coalition, which aims to address organized retail crime at the national level.
Increasingly, goods stolen during the execution of organized retail crime are often sold on third party electronic marketplaces. The proposal would require these online marketplaces to verify the identity of high-volume sellers using bank account numbers, taxpayer IDs or other information. Those sellers would be required to provide valid contact information, and marketplaces would be required to suspend the activity of third-party sellers for non-compliance. This is a vital public safety component as these sales are used to fund illegal activity including drug trade, weapons smuggling, human trafficking and terrorism. The proposal is identical to the agreed proposal being sponsored in Washington, D.C. by U.S. Senator Dick Durbin and Congresswoman Jan Schakowsky.
Organized retail crime has increased 60 percent in the last five years and is carried out by organized criminal rings that steal products and resell them, often online. A recent study by the Retail Industry Leaders Association found that as much as $68.9 billion in products were stolen from retailers nationwide in 2019, with retail crime resulting in $125.7 billion in lost economic activity and 658,375 fewer jobs. It’s estimated that retail theft costs federal and state governments nearly $15 billion in personal and business tax revenues, not including sales tax losses. These are conservative estimates as some jurisdictions discourage organized retail theft complaints and prosecutions.
The online sales thing seems more like a federal issue, but what do you think of it all?
…Adding… Steve Kim campaign…
Attorney General Candidate Steve Kim released the following statement on today’s news.
“JB Pritzker and Kwame Raoul’s anti-law enforcement bill provided an out for criminals who take part in flash mob theft, and now they are trying to cover up for themselves. Crime is out of control in Chicago and across the state. Small and family owned businesses are faced with the fear that they may be the next target, and now those offenders could be back on the street instead of serving time for impacting the livelihoods of business owners and community residents. This one party rule has led to rising crime, economic downturn, and needs to change.”
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[Bumped up to Monday for visibility and comments opened for discussion.]
* Center Square…
Students attending one of the 145 schools across Illinois who are part of a sweeping lawsuit won’t have to wear a mask if they don’t want to, unless they’re given due process. Same goes for certain school staff who don’t want to take weekly COVID-19 tests for not being vaccinated. They must also have due process.
In a 30-page ruling late Friday, Sangamon County Circuit Court Judge Raylene Grischow “deemed null and void” the governor’s emergency rules through the Illinois Department of Public Health concerning COVID-19 mitigations for schools.
“The arbitrary method as to contact tracing and masking in general continue to raise fair questions as to the legality of the Executive Orders in light of violations of healthy children’s substantive due process rights,” Grischow wrote. “Statutory rights have attempted to be bypassed through the issuance of Executive Orders and Emergency Rules … This type of evil is exactly what the law was intended to constrain.”
Schools impacted by litigation brought by more than 700 parents and dozens of school staff are temporarily restrained from enforcing Gov. J.B. Pritzker’s COVID-19 mask and vaccine mandates.
Pritzker’s mandates for masks and exclusion policies in schools and vaccines or testing for teachers have been in place since last fall.
* The full “evil” quote…
The Illinois General Assembly had foresight when it created certain provisions limiting the authority of administrative agencies. When the Legislature created our laws, they did so knowing individuals have a fundamental right to due process when one’s liberty and freedom is taken away by forcing them to do something not otherwise required of all other citizens. Illinois law prohibits ISBE from making policies affecting school districts which have the effect of rules without following the procedures of the IAPA. Absent this statutory provision, ISBE would be able to on impulse, and depending on who held the Executive Branch, mandate whatever it felt necessary in the most arbitrary and capricious manner without having to follow any due process under the IAPA. As for the matters at hand, it is clear IDPH/ISBE were attempting to force local school districts to comply with this guidance without any compliance with rulemaking. This type of evil is exactly what the law was intended to constrain.
Moreover, the Joint Guidance is attempting to cloak the local school districts with the authority to mandate masks and require vaccination or testing without compliance with any due process under the IDPH Act. The Court has already ruled masks are a device intended to stop the spread of an infectious/contagious disease, and thus are a type of quarantine, and vaccination and testing are specifically covered under the IDPH Act, and as such any attempt to circumvent the statutory due process rights of the Plaintiffs by this Joint Guidance is void. Under no circumstances can guidance be issued which violates a statute. […]
The Court is told by the Defendants, should this Court grant relief to the Plaintiffs, the students in the districts, and the public as a whole, will be harmed by the further spread of COVID. While the Defendants offer no direct evidence of such a proposition, attached to their pleadings were affidavits of medical professionals who opined that masking, vaccination or testing, and other mitigations are the best chance of controlling the spread of COVID. It is worth noting the Plaintiffs do not seek any order of this Court dismantling masking, vaccination or testing policies in their totality. Only that due process under the law be afforded to them should they choose to object to being quarantined, which by definition includes masks, as well as being subjected to vaccination or testing. These Plaintiffs are not asking for anything other than what the Legislature said they were entitled. […]
Given the Legislature has changed the law and has chosen not change these relevant provisions, this Court must conclude the laws which have long been in place to protect the competing interests of individual liberty and public health satisfactorily balance these interest in the eyes of the Legislative branch of government. While the Defendants would seemingly ask this Court to second guess the Legislature’s adopted measures to prevent the spread of an infectious disease, which measures include due process of law, it will not do so.
* Quarantine…
Section 690 of Title 77 of the Illinois Administrative Code has been around since 1977. All State actors and citizens have operated under those set standards up to and including a time period when our State (and Nation) was faced with another highly contagious disease. In 2014, Ebola reared its ugly head and caused a number of public health challenges. As a result, the IDPH passed Emergency Rules that added new definitions for “quarantine, modified” and “quarantine, isolated” and amended the definitions of quarantine and isolation to include those new concepts. The IDPH, at that time, believed exclusion from school, due to a highly infectious or contagious disease (such as Ebola), was a form of quarantine, subject to the due process procedures as found in the IDPH Act. Those emergency amendments noted that IDPH and local health departments needed to have clear authority to monitor and restrict persons who were potentially at risk.
Since 2014 and prior to the recent 2021 Emergency Rules, tests and vaccines were also considered a form of “modified quarantine” because they were a procedures “intended to limit disease transmission.” Under the IDPH Act, individuals had the right to object to these procedures. If they objected, they were afforded due process of law. Likewise, “exclusion from school” was also a form of “modified quarantine” because it was considered a partial limitation on freedom of movement for those who may have been exposed to a contagious disease. At no time did the 2014 emergency amendments take away a person’s due process rights.
On September 17, 2021, under the guise of an emergency, the Emergency Rules deleted or modified these terms and definitions. Subsection (d) was added pertaining to schools and added a new provision which delegated authority to the local school districts to require vaccination, masking, and testing of school personnel, in addition to masking for all students regardless of vaccine status, exclusion from school, and testing for unvaccinated, healthy students who were deemed “close contacts” by the school. The question before this Court is whether the Governor, under his executive authority, can require his agencies to promulgate emergency rules that go beyond what the Legislature intended or without utilizing the legislative branch of government.
* Order…
1) The IDPH Emergency Rules enacted on September 17, 2021 changing sections 690.10 (Definitions); 690.361(d) (Schools), 690.1380 (Physical Examination; Testing and Collection of Laboratory Specimens), and 690.1385 (Vaccinations, Medications, or Other Treatments) of Title 77 of the Illinois Administrative Code is deemed null and void;
2) ISBE Emergency Rule enacted on September 17, 2021, Part 6, Mandatory Vaccinations for School Personnel is deemed null and void;4
3) Defendants are temporarily restrained from:
a. Enforcement of EO18, EO24, EO25 as they pertain to the issue before the Court and the Emergency Rules issued by the IDPH and ISBE;
b. Ordering school districts require the use of masks for students and teachers who occupy their buildings, if they object, except during the terms of lawful order of quarantine issued from their respective health department, in accordance with the IDPH Act;
c. Ordering school districts to require persons who are both unvaccinated and work in Illinois schools to provide weekly negative results of an approved COVID-19 test or be vaccinated if they object in order to occupy the school building without first providing them due process of law; and
d. Ordering school districts to refuse admittance to their buildings for teachers and students for specified periods of time if the teacher or student is deemed a “close contact” of a confirmed probable COVID-19 case without providing due process to that individual if they object, unless the local health department has deemed the individual a close contact after following the procedures outlined in 20 ILCS 2305 and 77 Ill. Adm. Code 690.1330.
4) This temporary restraining order shall remain in full force and effect pending trial on the merits unless sooner modified or dissolved.
[Footnote] Although this Court denied Plaintiffs’ request for Class Certification in Case No: 2021 -CH-500002, this Court has declared IDPH’s Emergency Rules void. Any non-named Plaintiffs and School Districts throughout this State may govern themselves accordingly.
So, the judge believes that her TRO applies statewide?
*** UPDATE 1 *** Press release…
Governor Pritzker has asked the Illinois Attorney General’s office for an immediate appeal of Judge Grischow’s decision to restrain the State from enforcing the safety measures aimed at protecting teachers, school personnel, students and communities from COVID-19.
The Attorney General is seeking an expedited appeal from the Fourth District Illinois Appellate Court.
“The grave consequence of this misguided decision is that schools in these districts no longer have sufficient tools to keep students and staff safe while COVID-19 continues to threaten our communities – and this may force schools to go remote,” said Governor JB Pritzker. “This shows yet again that the mask mandate and school exclusion protocols are essential tools to keep schools open and everyone safe. As we have from the beginning of the pandemic, the administration will keep working to ensure every Illinoisan has the tools needed to keep themselves and their loved ones safe.”
“We remain committed to defending Gov. Pritzker’s actions to mitigate the spread of COVID-19 and will appeal this decision in the Illinois Appellate Court for the 4th District in Springfield,” said Attorney General Kwame Raoul. “This decision sends the message that all students do not have the same right to safely access schools and classrooms in Illinois, particularly if they have disabilities or other health concerns. The court’s misguided decision is wrong on the law, demonstrates a misunderstanding of Illinois emergency injunction proceedings and has no relation to the record that was before the court. It prioritizes a relatively small group of plaintiffs who refuse to follow widely-accepted science over the rights of other students, faculty and staff to enter schools without the fear of contracting a virus that has claimed the lives of more than 31,000 Illinois residents – or taking that virus home to their loved ones.”
Since the beginning of the COVID-19 pandemic, the Pritzker administration has implemented mitigations and programming to protect the health and safety of students, teachers, and staff in schools. To facilitate safe in-person learning, the administration has provided schools across the state with 3.8 million masks for students, teachers, and staff as of January 12th. The State has completed over 2 million COVID-19 tests in schools through the SHIELD program and sent more than a million rapid tests into schools outside of the City of Chicago. Recently, the State provided 350,000 rapid tests to Chicago Public Schools to facilitate a return to in person learning.
To increase access to the lifesaving COVID-19 vaccination, the State has held 1,767 on-site vaccination clinics in schools and day camps with an additional 470 clinics already scheduled. Vaccinations, boosters, mask-wearing and testing are the key to keeping schools open and to maintaining safety standards for staff and students alike.
*** UPDATE 2 *** IEA…
The Illinois Education Association (IEA) President Kathi Griffin released the following statement after a ruling by Sangamon County Judge Raylene Grischow on the temporary restraining order (TRO) that would prohibit enforcement of face masks, vaccination, and Covid testing mandates.
“This decision has the potential to shut our schools down, effectively closing our school buildings and perhaps being potent enough to stop in person learning altogether. We’ve been able to have students in classrooms all over the state for this school year and last and that’s because public health safety measures have been taken that follow the advice of scientists and health care professionals. Without those safety measures in place, we risk forcing thousands of teachers, education employees and students to be out sick or forced into quarantine.
The teacher and education employee shortage is at a crisis level. Schools are shutting down because they do not have enough healthy employees to safely hold classes even though staff continue to give up their plan time and lunches to cover classes. The science is there: masking, along with vaccines, testing, social distancing and quarantining, are the best ways to protect against the virus. Removing any of these protections would be detrimental to our students and staff safety and will almost certainly force schools across the state to close because of a staffing shortage. Omicron is proof to us that though we may be done with the virus, the virus is not done with us.
Keeping students in the classroom is so important, but only if the environment is safe. The judge’s ruling today calls into question the safety of schools across the state and we will support all efforts to stop its immediate implementation while state and district defendants pursue an appeal. Keeping learning and working conditions safe inside schools is imperative to keep our communities safe and our school buildings open for in person learning. ”
* IFT…
Illinois Federation of Teachers (IFT) President Dan Montgomery issued this statement today following the ruling by Sangamon County Judge Raylene Grischow on the temporary restraining order (TRO) that would prohibit enforcement of face masks, vaccination, and Covid testing mandates.
“The Illinois Federation of Teachers is greatly distressed at the judge’s temporary restraining order (TRO) in this case. Hundreds of thousands of students, teachers, and staff across Illinois are doing their best to remain healthy and keep schools open. We believe what the judge ordered today is legally faulty and a threat to public health and, most importantly, a threat to keeping Illinois schools open for in-person learning. Our children and their families need certainty and some normalcy at school, not legal wrangling managed by a small minority of citizens.
“We urge the judge to stay her ruling and the state to appeal it as soon as possible. In the meantime, we will continue to advise our members on how to remain safe and healthy at work. We insist that school districts statewide abide by existing agreements on health and safety. In fact, the safety mitigations encompassed by the State’s guidance, as well as vaccinations for children and adults, are the best ways to keep schools open and everyone healthy. And we will stand with our local unions to protect our members and the students they serve.”
* CTU…
This ruling also states that collectively bargained agreements are still enforceable. Our January 2022 agreement with Chicago Public Schools, which guarantees masking, will keep schools open and safe.
CTU members made real sacrifices in January to bargain for an enforceable safety agreement with Mayor Lightfoot’s CPS team, and today that agreement guarantees masking and other critical protections that will allow us to protect our school communities.
While responsible school districts and community groups prepare to challenge this decision on appeal, we expect the mayor and CPS to act responsibly and uphold our agreement to require masks — providing KN95 masks for every adult and child in our schools. This is what the overwhelming majority of Chicago parents and families support.
We should not have to fight every inch for basic protection, but such are the times in which we live, where the few can trump the safety of the many. So we will continue to fight for the right to recovery for all of our students and school communities.
*** UPDATE 3 *** Let’s look at some coverage. Tribune…
The judge’s ruling means that any school district that attempts to enforce the mask requirement against any student whose parents joined the lawsuit would be held in contempt of court, according to DeVore, who said parents who want the ruling to apply to their children can join the lawsuit.
DeVore, an outspoken critic of Pritzker’s handling of the COVID-19 pandemic, has long argued that the school mask mandate and other mitigation strategies the governor has declared by executive order could not be enforced unless they were formally approved by the General Assembly.
“I don’t pretend to understand the political complexities at Chicago Public Schools, but I do know the law can’t be disregarded, and you’ve got a judge who upheld the law as it’s written,” DeVore said shortly after Judge Grischow issued the ruling.
CPS officials were not immediately available for comment Friday.
But in a recent parent message, CPS CEO Pedro Martinez said if the temporary restraining order was granted, it “would require that CPS stop the enforcement of certain current health and safety protocols, including the wearing of masks.”
* WICS…
DeVore had this to say on Grischow’s ruling:
“The Plaintiffs have due process rights under the law which provide them a meaningful opportunity to object to any such mitigations being levied against them, and it is these due process rights which are being continually violated.”
“The Governor, IDPH, and ISBE all attempted to remove the judiciary from oversight in matters related to all forms of “quarantine” through the issuance of the Executive Orders and Emergency Rules in question, which fail to maintain the separate branches of government clearly intended by the Legislature in the implementation of the IDPH Act!” […]
Jacksonville School District #117 Superintendent Steve Ptacek alerted families to the ruling via social media Friday night. Jacksonville is one of the districts named in the lawsuit. […]
“I just received notification that the defendants have filed a “Stay” of the TRO and this will be heard over the weekend. Therefore, we have no clue what the legal ruling will be before Monday morning. It is going to be a long, interesting weekend,” Ptacek wrote.
*** UPDATE 4 *** The state filed an emergency motion to stay the TRO last night…
First, the Court should stay its TRO because the anticipated duration of the stay pending appeal is short, and will not prejudice any party. Under Ill. S. Ct. R. 307, briefing an appeal of a temporary restraining order must be completed within four business days of the issuance of the order being appealed, and the Appellate Court will rule on that appeal within five business days thereafter. Accordingly, any appeal will be resolved within two weeks. A stay for such a short period will not prejudice Plaintiffs. Indeed, given that Plaintiffs waited months after filing this case to pursue a TRO, they can hardly claim that a two week stay will cause them undue prejudice or harm.
Second, the Court should stay its TRO because the record in the form of declarations of public health experts, Dr. Susan Bleasdale and Dr. Allison Arwady, unrebutted by any evidence presented by Plaintiffs, is that the Court’s TRO is likely to (a) disrupt the ability of schools to continue in-person instruction, and (b) cause an increase in sickness, and possibly death. … Conversely, Plaintiffs face the minimal inconvenience associated with wearing a mask, or the possibility of a brief exclusion from school premises during the pendency of an appeal.
Third, the State Parties incorporate by reference their arguments in opposition to Plaintiffs’ motions for emergency relief. From those submissions, and from the record in its entirety, Plaintiffs have not met their burden of showing a right in need of protection, a likelihood of success on the merits, irreparable harm, no adequate remedy at law, and that the balance of harms favors the issuance of an injunction to a degree sufficient to suggest that a stay pending appeal would be inappropriate.
*** UPDATE 5 *** CPS…
Chicago Public Schools (CPS) has made the health, safety, and well being of our students and staff a top priority since the onset of the pandemic. The court’s current ruling does not prohibit CPS from exercising its authority to continue its COVID-19 mitigation policies and procedures, including universal masking by students and staff and vaccination and testing requirements for staff members. We are confident that masking and vaccination have been key parts of keeping the virus transmission low in our classrooms this school year and successfully allowed our faculty and students to safely teach and learn in person. Our caseload is declining and the number of vaccinated students and staff continues to increase. We will stay the course.
Background
Nearly 53 percent of CPS students across the District ages 12 and up are now fully vaccinated.
Almost 1 in 3 students, ages 5 - 11, have received at least one vaccine dose.
More than 91 percent of CPS staff members are fully vaccinated.
* IPHA…
The following statement is attributable to Tom Hughes, Executive Director of the Illinois Public Health Association (IPHA), in response to the Seventh Judicial Circuit Court ruling regarding COVID-19 vaccination and masking expectations in Illinois schools:
“Everyone is vulnerable to the damaging effects of COVID-19 and every bit of protection helps. While people are growing weary of the pandemic, the threat remains real for communities across Illinois who are still facing substantial transmission, causing far-reaching challenges to our most vital health resources.
Vaccination and well-fitting masks are proven and critical tools to reduce the spread of COVID-19. With these essential public health practices in place, we are helping protect the most vulnerable around us, while allowing our schools to operate safely.
As coordinators of the Pandemic Health Navigator Program, IPHA continues to partner with community leaders to promote health and safety measures, such as mask wearing, quarantining, and vaccination. We will also continue educating residents so they can make informed decisions about vaccination.”
*** UPDATE 6 *** SJ-R…
The attorney at the center of the school mask mandate case in which a 7th Judicial Circuit Court judge Friday granted a temporary restraining order against Gov. JB Pritzker’s executive order said school districts like Springfield’s are “on notice” about enforcing such policies.
“To the extent that the Springfield school district wants to continue forcing these mask and vaccination policies, they’re doing it at their own peril because the judge has said it’s illegal,” said attorney Thomas DeVore of Greenville, who represented the plaintiffs in several cases against the state. “If they wanted to continue in their illegal behavior, even if there’s no injunction stopping them, they’re exposing themselves to significant financial liability.” […]
Absent any further legal rulings over the weekend, DeVore said if a student showed up to school in Springfield without a mask on, “that school district has a decision to make. Are we going to continue to enforce this and say put your mask on knowing that the judge says they don’t have the authority to do so?
“That’s the spot these school districts are at. I think children and parents are well within their rights to say it doesn’t matter that this case doesn’t directly involve me. The judge says as a whole, none of you have this authority. So my kid’s walking in, and if you’re going to try to force him to wear a mask merely because they’re not on this case, I’m letting you know right now I’m going to sue you. They could.”
*** UPDATE 7 *** Edwardsville superintendent…
Dear District #7 staff,
On Friday, January 4, 2022, Judge Grischow issued a ruling which granted a temporary restraining order (TRO) in the litigation in which Edwardsville was a defendant. An appeal related to this case has already been filed, and future decisions will likely have an impact on the District #7 community.
As a result, District #7 will be taking the following steps beginning on Monday, February 7:
The individuals named as plaintiffs in the litigation will be able to attend school unmasked and will not be excluded as close contacts.
Each of the individuals/families will receive correspondence from their building principal prior to the start of school on Monday.
· Masks will continue to be required for all students and staff unless an individual has been impacted by court ruling or has an approved medical exemption for masking;
· Beginning immediately, we have secured KN95 masks for any staff member who wishes to have one. If you would like to have a KN95 mask, you may pick one up from the school office.
· Masking will continue to be required during Kid Zone (not for named plaintiffs), for athletic events (not for named plaintiffs), andon buses. The federal law still requires masks on buses. The court decision does not change this, and students who ride buses will still be required to wear masks.
· We will continue to implement other mitigating strategies in all our schools, including opportunities for vaccinations, social distancing to the greatest extent possible, district-wide testing, incorporating fresh air into the school environment, and cleaning and sanitizing on a regular basis.
I know many of you may have questions which specifically relate to your situation, your classroom, or other areas within District #7.
* Meanwhile, from the BND…
Highland, Waterloo and Red Bud students will not be required to wear masks when they return to classes on Monday. School leaders say they are following a temporary restraining order issued by a judge on Friday regarding mask and vaccine mandates.
Highland School District 5 Superintendent Mike Sutton said in a statement on Saturday that legal advice indicates that District 5 is “clearly instructed” to not enforce Gov. J.B. Pritzker’s executive orders requiring masks, quarantines when individuals do not have symptoms, and vaccine and testing mandates for employees.
“I am confident in saying that the district will not be enforcing the mask requirement and identifying close contacts for purposes of quarantine starting Monday morning per the judge’s ruling,” Sutton said in the statement posted on the district’s website.
* Carterville schools…
Dear Students and Parents,
Due to a written ruling from Judge Raylene Grischow of Sangamon County, Illinois on Friday, February 4th, Governor Pritzker’s executive orders and IDPH/ISBE requirements regarding masking, testing, and tracing are “null and void.” Masks are no longer required in our schools; however, masks are still recommended to be worn inside the schools as well as the continuance of all other layered mitigations in accordance with our Return to Learning Plan. Federal Transportation guidelines still require masks to be worn while on school transportation.
Students who test positive for COVID-19 will still have to isolate and we still want anyone that is sick to stay home. Close contacts of students and staff will not need to continue to quarantine unless directed by the local health department.
Keep in mind, this entire change of status is the result of a Temporary Restraining Order (TRO) and has already been appealed by the Governor’s Office to the Fourth Appellate Court of Illinois for a decision. We will keep you apprised as the fluid situation continues to evolve.
Free testing and masks will still be available for those that are interested.
Respectfully,
Keith Liddell
Superintendent
*** UPDATE 8 *** The state has filed a notice of appeal…
PLEASE TAKE NOTICE that Defendants Jay Robert Pritzker, Illinois State Board of Education, Dr. Carmen I. Ayaka, Illinois Department of Public Health, and Dr. Ngozi Ezike, by their attorney, Kwame Raoul, Attorney General of the State of Illinois, hereby appeal to the Illinois Appellate Court, Fourth Judicial District, based on Illinois Supreme Court Rule 307(d), from the interlocutory order entered by the Honorable Judge Raylene Grishow of the Circuit Court for the Seventh Judicial Circuit, Sangamon County, Illinois, on February 4, 2022, which granted plaintiffs’ motion for a temporary restraining order. […]
By this appeal, Defendants Jay Robert Pritzker, Illinois State Board of Education, Dr. Carmen I. Ayaka, Illinois Department of Public Health, and Dr. Ngozi Ezike respectfully request that the appellate court reverse and vacate the circuit court’s order, dissolve the temporary restraining order, and grant any other appropriate relief.
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