* Attorney Tom Devore emerged briefly from the Clay County courthouse to tell reporters that he won both cases he was litigating today, according to Tony Yuscious at BlueRoomStream.com, who is on site.
One of those cases was Rep. Darren Bailey’s lawsuit that the state tried to move to federal court. Among other things, Bailey claimed that the governor had no authority to issue multiple Executive Orders on the same topic.
A southern Illinois couple has filed a lawsuit against the Illinois Department of Public Health and the State Board of Education, alleging that the state’s plans to reopen schools this fall with safety protocols in place will “result in immediate and irreparable harm” to their three children.
The suit, filed in Clay County by James and Kali Mainer, requests a temporary restraining order that would put a halt to mandatory facial coverings, temperature checks, and limitations on groups of 50 or more individuals.
In the lawsuit, which was filed Tuesday, the couple alleges that the IDPH and ISBE “have promulgated unlawful, arbitrary and capricious mandates” that place an “unreasonable burden” on the family’s three children.
The family’s suit says that they have “protectable rights and interests at stake to be free from unlawful, arbitrary and capricious rule making,” and that the rules that state officials have formulated are “unlawful,” since they are only aimed at preventing the spread of coronavirus.
Devore is expected to speak to reporters soon.
*** UPDATE 1 *** OK, what I’m now getting is that on the mask case, Devore withdrew his request for a TRO.
What it looks like here is that nothing really changes.
*** UPDATE 2 *** The AG’s office has ten days to respond in the school mask case.
The judge did declare the EOs after the first one Pritzker issued to be void. Click here. He declined to issue a declaratory judgement. He did grant summary judgement for Bailey.
As to whether this applies anywhere outside Clay County, the AG’s office wasn’t prepared to say one way or another. “We are reviewing the decision and evaluating our options.”
*** UPDATE 3 *** Emily Bittner at the governor’s office…
Every other court – both state and federal – that has considered these exact issues has agreed with the administration that executive orders protecting Illinoisans’ health and safety are well within the governor’s constitutional authority. This includes a federal court decision earlier today. Governor Pritzker will continue to prioritize Illinoisans’ health and safety first, and the people of Illinois have taken extraordinary care to follow health experts’ advice, which is why our state has the lowest positivity rate in the Midwest. While this one county circuit court has gone a different direction from all of the other cases, the administration will ultimately seek to appeal this ruling, and the Governor will continue to urge the people of Illinois to exercise constant vigilance and keep doing what has worked: wash your hands, watch your distance and wear your face covering.
The Illinois Department of Public Health (IDPH) today announced 869 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 36 additional confirmed deaths.
Cook County: 1 male 40s, 2 females 50s, 1 male 50s, 1 female 60s, 4 males 60s, 3 females 70s, 4 males 70s, 3 females 80s, 2 males 80s, 6 females 90s, 1 male 90s
DeKalb County: 1 male 80s
DuPage County: 1 female 80s
Kane County: 1 female 70s
Lake County: 2 females 70s, 1 male 70s
St. Clair County: 1 female 70s
Winnebago County: 1 female 80s
Currently, IDPH is reporting a total of 144,882 cases, including 6,987 deaths, in 101 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 30,262 specimens for a total of 1,666,317. The preliminary seven-day statewide positivity for cases as a percent of total test from June 25 –July 1, is 2.6%.
* I’m told that Mayor Lightfoot will likely announce an order today requiring self-quarantining for those who’ve come from or have been to certain states. Stay tuned.
…Adding… Lightfoot did, indeed, issue that decree. Click here.
* Illinois Gaming Board warns gaming interests to comply or face the consequences…
Dear Illinois Gaming Industry,
To facilitate the resumption of video gaming and casino gambling across our state as a part of Phase 4 of the Restore Illinois plan, the Illinois Gaming Board (IGB) worked closely with the Illinois Department of Public Health (IDPH) and the Governor’s office to develop guidelines and protocols that protect the safety of the staff and patrons of the Illinois gaming industry. The July 1 resumption of gaming was possible only because of the progress and sacrifices people all across Illinois made to contain the spread of the COVID-19 pandemic.
To sustain our progress, the IGB reminds all video gaming locations, terminal operators and casinos of their obligation to abide by all applicable state and local laws, Executive Orders, Disaster Proclamations, IGB Resumption Protocols, Gaming Resumption Plans, and IDPH and CDC guidelines. Among other things, these requirements include wearing face coverings in gaming establishments and casinos, practicing social distancing, washing hands regularly, and following signage. A licensee’s failure to comply with COVID-19 health and safety requirements may result in discipline, up to and including license revocation. More importantly, disregard of such preventative measures and requirements could contribute to a resurgence of COVID-19 cases in Illinois and another potential suspension of gaming operations. That is a result nobody wants. We urge you not to let it happen.
The IGB will continue to work diligently to protect the safety and integrity of Illinois gaming. We appreciate your ongoing cooperation with our efforts.
Marcus D. Fruchter
Administrator
Illinois Gaming Board
The state of Illinois, like most states, began a new fiscal year on July 1 and the person in charge of managing the state’s bank accounts said she fears it could be one of the most difficult years in modern memory.
“This is going to be, I think, by far perhaps the most challenging year that I’ve had to manage as comptroller,” state Comptroller Susana Mendoza said in an interview Wednesday. “And that’s saying something because, you know, I had to navigate the state through what was, when I took office, the worst fiscal crisis that our state had ever experienced, that two-year budget impasse.”
The difference between then and now, she said, was that during the budget impasse, the state still had revenues flowing in, just no legal authority to spend it. But in the face of the COVID-19 pandemic, and the near shutdown of the state’s economy that it forced, Illinois now isn’t seeing anything close to the revenues it will need to fund the new budget.
Small businesses are still reeling from the sudden onset of the virus-induced recession, but Quincy officials are hoping a new initiative announced Wednesday will help retailers survive.
“What an amazing opportunity that we have here to support Quincy businesses during this challenging time,” said Quincy Aldermen Katie Awerkamp, D-6, who alongside Aldermen Jason Finney, R-4, are championing the initiative known as “Helping Establishments Re-Open,” or HERO.
The proposed initiative would offer up to 4,000 households a one-time $25 credit on a future water bill to residents who spend more than $150 pretax at retail stores, boutiques, salons, studios, clothing stores and other nonessential businesses within city limits that were forced to close. Purchases made at grocery stores, gas stations, home improvement stores, garden centers, liquor stores, cannabis dispensaries, video gaming parlors and pharmacies will not count toward the credit.
Per the initative’s parameters, the water credits will be first-come, first-serve and limited to one per household.
In response to the ongoing COVID-19 pandemic, Defendant JB Pritzker, Governor of Illinois, has issued a series of executive orders including Executive Order 2020-43 (“Order”). The Order prohibits gatherings greater than fifty people but exempts the free exercise of religion from this limit.
Plaintiffs Illinois Republican Party, Will County Republican Central Committee, Schaumburg Township Republican Organization, and Northwest Side GOP Club challenge this exemption as violating their rights under the First and Fourteenth Amendments. Plaintiffs allege that by exempting the free exercise of religion from the general gathering limit, the Governor has created an unconstitutional content-based restriction on speech. Plaintiffs also claim that by not enforcing the Order against protestors following the death of George Floyd, the Governor has created another exception. Plaintiffs filed a complaint and a motion for a temporary restraining order (“TRO”) and preliminary injunction in this Court on June 15, 2020 because they want to hold political party events larger than fifty people, including a picnic on July 4th. Plaintiffs seek a declaration stating that treating political party gatherings differently than religious gatherings violates the First and Fourteenth Amendments. Plaintiffs also ask the Court to enjoin the Governor from enforcing the Order against political parties.
Because Plaintiffs’ likelihood of success on the merits is less than negligible and the balance of harms weighs heavily against Plaintiffs, the Court denies their motion.
Plaintiffs have not shown how this exemption is a plain invasion of their constitutional rights. The Order involves reasonable measures intended to protect public health while preserving avenues for First Amendment activities. […]
Overall, plaintiffs have failed to point to anything that suggests selective enforcement against protestors based on the content of their message, and the Governor’s participation in one protest does not give rise to content-based discrimination in violation of the First Amendment.
When a gathering is still allowed based on the speech involved, the government has engaged in content-based discrimination. The Court finds that by exempting free exercise of religion from the gathering limit, the Order creates a content-based restriction.
…Adding… A commenter suggests the above means the judge believes the governor’s religious exemption is unconstitutional. I doubt the governor will press that further, but somebody else might. Checking with the AG’s office at the moment, but the ILGOP might want to reconsider its appeal.
…Adding… The AG’s office said the judge didn’t “invalidate the exemption for religious organizations.” True, but the judge may have opened the door to it.
Plaintiffs contend that the Governor cannot satisfy the least restrictive means test because a political party caucus is no more likely to spread COVID-19 than a church service. However, the Constitution does not accord a political party the same express protections as it provides to religion. And by statute, Illinois has undertaken steps to provide additional protections for the exercise of religion. Additionally, the Order’s limited exemptions reinforce that it is narrowly tailored. The Order only exempts two other functions from the gathering limit: emergency and governmental functions. These narrow exemptions demonstrate that the Order eliminates the increased risk of transmission of COVID-19 when people gather while only exempting necessary functions to protect health, safety, and welfare and free exercise of religion. Therefore, the Governor has carried his burden at this stage in demonstrating that the Order is narrowly tailored to further a compelling interest, and the Order survives strict scrutiny.
The balance of harms further confirms that Plaintiffs are not entitled to preliminary relief. Under the sliding scale approach, the less likely Plaintiffs’ chance of success the more the balance of harms must weigh in their favor. Because Plaintiffs’ claims have little likelihood of succeeding on the merits, they are not entitled to preliminary relief unless they show that the scales weigh heavily in their favor.
The scales weigh significantly against Plaintiffs. The number of COVID-19 infections continues to rise across the United States, which has led some states to recently impose greater restrictions on gatherings and activities. COVID-19 is highly contagious and continues to spread, requiring public officials to constantly evaluate the best method by which to protect residents’ safety against the economy and a myriad of other concerns. Granting Plaintiffs the relief they seek would pose serious risks to public health. […]
Plaintiffs to gather in large groups so that they can engage in more effective speech is simply not in the public interest. Such relief would expand beyond any gatherings and negatively impact non-parties by increasing their risk of exposure. Thus, the harms tilt significantly in the Governor’s favor as he seeks to prevent the spread of this virulent virus.
*** UPDATE 1 *** Chairman Tim Schneider…
We are disappointed with today’s results and obviously disagree with the ruling. Our fight to secure our first amendment right is not over, however. Our lawyers have immediately begun the process for appealing the decision.
*** UPDATE 2 *** Emily Bittner at the governor’s office (yes, she’s back)…
Governor Pritzker continues to prioritize Illinoisans’ health and safety first, and the people of Illinois have taken extraordinary care to follow health experts’ advice, which is why our state has the lowest positivity rate in the Midwest. Today’s decision is a win for everyone in Illinois. The administration respects the court’s decision and believes strongly in the First Amendment, and the Governor will continue to urge the people of Illinois to exercise constant vigilance and keep doing what has worked: wash your hands, watch your distance and wear your mask.
* Wordslinger sent me an email in October of 2017 ahead of the Illinois bicentennial entitled “Bicentennial/Ebert/Prine/Goodman.” He was referring to Roger Ebert, John Prine and Steve Goodman…
I’d like to see those cats carved on the Illinois State Library, because they’re the best Illinois writers of their time.
Amirite?
I’m serious about this, I’m going to ask for your help.
I want to see it before Johnny dies.
Unfortunately, Wordslinger passed away last year and Prine passed earlier this year. We have some unfinished business to attend to here.
I told you in March that when this crazy pandemic was over, I planned to urge Secretary of State Jesse White to consider having Ebert’s and Prine’s names carved into the state library. A high-level official reached out to me later that day to say he would be up for it. Goodman should be on there, too. Let’s get this done.
To commemorate the life of Illinois native John Prine and celebrate his writing and musical contributions, Governor Pritzker has proclaimed Prine an Honorary Poet Laureate of the state. The legendary singer-song writer, who was born in Maywood, passed away on April 7, 2020 after contracting COVID-19. Prine is the first to receive such an honorary designation.
“I have no doubt that John would be proud and delighted to receive this recognition from his home state of Illinois,” said Fiona Whelan Prine, wife of John Prine. “Although he had moved to Nashville in the early 1980’s, he continued to visit Chicago, and Maywood in particular, to spend time with his family. John continued to follow Chicago sports teams and had never found a hot dog, pizza or Italian Beef sandwich to rival the originals. Watching John, as I did many times, play to an Illinois audience was always thrilling. A home boy delighting in the love and approval of his loyal fans - some of them family, longtime friends, old school buddies and neighbors.”
Whelan Prine added, “John had a great respect for Writers of all kinds. He regarded Poets as being among those whose work carried weight, relevance and elevated craft. It is such an honor for me, our sons, and the entire Prine family to acknowledge that our beloved John will be named an Honorary Poet Laureate of the State of Illinois. Thank you, Governor Pritzker, for this wonderful recognition.”
* Prine’s last song was released earlier this month. He still had it…
I remember everything, things I can’t forget
Swimin’ pools of butterflies would slip right through the net
And I remember every night, your ocean eyes of blue
I miss you in the morning light like roses miss the dew
*** UPDATE *** From Henry Haupt at the Illinois SoS…
Rich,
We think this is a great idea. We are looking into this to see what steps are needed and what — if any — other agencies must be involved.
The Illinois Department of Agriculture announced today the July 1st deadline for issuing adult-use cannabis craft grower, infuser and transporter licenses has been temporarily suspended. Due to the previous application deadline extension and the ongoing COVID-19 pandemic, Governor Pritzker issued an Executive Order to extend the deadline. The Illinois Department of Agriculture (IDOA) will announce a new date to issue up to 40 craft grower licenses, up to 40 infuser licenses, and an unlimited number of transporter licenses. View the Executive Order here.
“The Pritzker Administration is committed to creating a fair and equitable adult-use cannabis industry in Illinois. IDOA is helping achieve that goal by providing Illinois residents, specifically those who live in communities that were disproportionately impacted by the failed war on drugs, with multiple entry-points to this new industry,” said Jerry Costello II, Acting IDOA Director. “The COVID-19 pandemic and the 6-week deadline extension granted to applicants have caused unforeseeable delays in the application review process. The Department is working tirelessly to ensure that applications are scored and awarded in a fair, deliberate and equitable manner.”
Once determined, IDOA will publicly announce the new date for issuing licenses.
The deadline is tomorrow and they’re just announcing this today? This, by the way, is the third time the licensing process has been delayed.
The delays could be catastrophic for some applicants, particularly those who were paying to hold real estate for grow facilities. The setbacks also threaten efforts to diversify the largely white industry.
“We’re going to have to write another check to the landlords to hold the building,” said Jamil Taylor, who leased a South Side building for a grow facility through the end of July. “That definitely puts us in a tough spot … We have to shell out thousands and thousands of more dollars.”
Under the law, grow license applicants had to secure property in advance. Taylor, who applied with a group for grow, transporter and dispensary licenses, said some groups won’t be able to afford an indefinite delay, and could lose their properties.
Social equity applicants are particularly at risk, Taylor said.
Unacceptable.
…Adding… Some of y’all in comments just haven’t been paying attention. The authority he has to delay these things is provided for in Sections 7(1) of the Illinois Emergency Management Agency Act…
Sec. 7. Emergency Powers of the Governor. […]
(1) To suspend the provisions of any regulatory statute prescribing procedures for conduct of State business, or the orders, rules and regulations of any State agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder or delay necessary action, including emergency purchases, by the Illinois Emergency Management Agency, in coping with the disaster.
Illinois’ minimum wage will bump up to $10 on Wednesday. The move brings employees one step closer to the state’s checkpoint of $15 by 2025. However, some aren’t happy the state is moving forward with the increase during the current pandemic. The $15 minimum wage plan was the first bill Gov. JB Pritzker signed into law in 2019. Workers saw the first increase to $9.25 per hour on January 1, 2020. The momentum isn’t slowing down due to COVID-19, as workers can expect an extra 75 cents an hour next month.
Minimum wage workers will make $10 while tipped employees will get at least $6 per hour. Teen workers will see a boost to an $8 minimum wage. Some business owners are concerned they won’t be able to pay everyone and may have to cut down on staff.
Republican lawmakers hoped Pritzker would pause the payment ramp during the pandemic to lessen the bleed for businesses. However, the state’s Department of Labor is moving forward as planned.
Um, how could the governor or IDOL “pause” the minimum wage increase on their own without legislation? The article doesn’t say.
Gov. J.B. Pritzker said he won’t delay an increase in the state’s minimum wage, which he pushed for and signed into law during his first year as governor.
That state’s minimum will increase to $10 an hour on Wednesday.
Shortly after taking office in 2019, Pritzker enacted a phased increase to the state’s minimum wage to $15 an hour by 2025. The first of two increases was Jan. 1 of this year going from $8.25 to $9.25 an hour. The second increase this year is set for Wednesday.
Again, how was the governor going to “delay” a minimum wage increase on his own without legislation? The article doesn’t say.
…Adding… From the other end of the spectrum…
Join us in demanding Gov @JBPritzker cancel rent and mortgage payments, especially during this moment of mass unemployment. He can lift the ban on rent control, but he has yet to do so. Click here to get involved from home:https://t.co/mxA3LxijA0
— Grassroots Collaborative (@GrassrootsChi) June 30, 2020
Only 17 states and Washington, D.C. are currently meeting minimum targets for doing enough coronavirus testing, according to a new analysis.
The Harvard Global Health Institute, in collaboration with NPR, finds that 14 states and Washington, D.C. are doing enough testing to mitigate the spread of the virus, meaning it won’t be eliminated but it will not spread out of control. An additional three states are meeting a higher threshold of doing enough tests to suppress the virus and prevent almost any new cases. […]
The 14 states along with Washington, D.C. doing enough testing to mitigate the spread of the virus, according to the analysis, are: Connecticut, Delaware, Idaho, Illinois, Indiana, Maine, Massachusetts, Montana, New Hampshire, New Jersey, New York, Oklahoma, West Virginia, and Wyoming.
The three states meeting the higher goal of suppression-level testing are Vermont, Hawaii and Alaska, with West Virginia, Montana, and New Jersey close behind, the analysis finds.
*** UPDATE 1 *** There is, however, a problem with Illinois prisons. Here’s Hannah Meisel…
The Illinois Department of Corrections (IDOC) has tested less than three percent of its prison population for coronavirus — a ratio that criminal justice reform group Restore Justice Illinois says is unacceptable, as Covid-19 cases in a northwest Illinois prison facility spike.
According to IDOC, 71 incarcerated men at the East Moline Correctional Center tested positive for Covid-19, along with five staff members. That number has steadily climbed since Gov. JB Pritzker’s administration first acknowledged the outbreak two weeks ago, when 26 inmates and three staff members had tested positive.
That rapid spread is a symptom of IDOC’s failure to formulate an adequate Covid-19 testing plan, according to a new report from Restore Justice published Tuesday. The group blasted IDOC for not reporting more data to the public, including how many prisoners are currently hospitalized with the virus and timely reports of Covid-19 deaths among incarcerated populations and prison staff.
“More than any other state, [Illinois has] embraced the most vigorous Covid-19 safety measures and protocols,” Restore Justice President Jobi Cates said Monday. “It baffles me how we could be in late June and still have only tested under three percent of prison population.”
The Department has been closely following the CDC guidelines and working with Illinois Department of Public Health (IDPH) and University of Illinois at Chicago (UIC) based infectious disease specialists to develop strategies to mitigate the spread of COVID 19 in Department facilities. The guidance we have received has not advised utilizing mass testing. However, the Department tests symptomatic offenders, uses focused prevalence testing, screens selected subpopulations, and screens offenders prior to inter-facility movement and medical furloughs. The Department also requires that staff be screened prior to entering facilities. The screenings include responding to a series of COVID related questions and having their temperatures taken. In the event that staff have any of the COVID-19 symptoms outlined in the screening document and/or have a temperature they must go home. The Office of Health Services constantly reviews the evidence and remains open to modifying current practices based on expert guidance.
The University of Illinois System’s Institute of Government and Public Affairs (IGPA) today released a report on COVID-19’s impact in the state’s prisons and jails. […]
The Policy Spotlight says testing should be prioritized in areas where there is a greater risk of the virus either being carried into the facility by staff from the region or spilling over into the community. The spotlight suggests that while the Illinois Department of Corrections has made progress on giving inmates some access to cleaning and hygiene supplies and COVID-19 testing, the conditions still need to be improved.
The controversial lawsuit case between Rep. Darren Bailey (R-Xenia) and Gov. JB Pritzker has regained momentum.
Both parties have waited weeks for a decision on where the case would continue. U.S. Magistrate Judge Gilbert Sison remanded the case back to Clay County on Monday.
The Illinois Attorney General’s office wanted consideration in federal court on May 21. Bailey’s Attorney, Tom DeVore, immediately filed a motion to remand the case to Clay County.
“It is a fundamental principle of federalism that federal courts may hear only certain claims, such as those raising ‘federal questions’ or ‘arising under’ the laws of the United States,” Sison wrote. “A defendant may not remove a case to federal court unless, at the time of removal, a plaintiff’s complaint establishes that there is federal jurisdiction.”
* Bailey’s attorney won’t be awarded legal fees, however. From the opinion…
In his emergency motion to remand, Bailey asks the Court to order the Governor to pay his reasonable fees and costs incurred during the period of time this action was pending in this court. […]
Bailey vigorously argues that Governor Pritzker’s decision to remove this case was frivolous and in bad faith, but the Court disagrees. The removal was timely. The face of the complaint arguably seeks to vindicate constitutional rights, like the right to travel and the right to free exercise of religion, without specifying that it refers only to rights secured by the Illinois Constitution. The Court seriously considered whether Bailey unintentionally pleaded himself into federal jurisdiction by raising a claim under the United States Constitution with this lack of specificity, and the decision in his favor was a close call. As such, the Court does not find that Governor Pritzker lacked an objectively reasonable basis for seeking removal. Thus, the Court will not award any fees under Section 1447(c).
*** UPDATE *** We apparently have a court date…
Thursday July 2, 1:00 pm Clay County Circuit Courthouse, Louisville Illinois. The beginning of the end for J.B. Pritzker!!
A national face mask mandate could act as a substitute to renewed lockdowns that would otherwise deduct about 5 per cent from gross domestic product, Goldman Sachs analysts argue as a number of states in the US have paused or reversed easing measures in response to growth in coronavirus cases.
“We find that face masks are associated with significantly better coronavirus outcomes,” according to Jan Hatzius, economist at Goldman Sachs. “Our baseline estimate is that a national mandate could raise the percentage of people who wear masks by 15 percentage points and cut the daily growth rate of confirmed cases by 1.0pp to 0.6 per cent.”
Goldman said it analysed the impact of face mask mandates in 20 American states and the District of Columbia between April 8 and June 24 and data on mask usage from YouGov and found that they raise the percentage of people who “always” or “frequently” wear masks by around 25pp in the 30 days after the order is signed. They estimate that a national mask mandate would increase usage by “statistically significant and economically large amounts” in states that currently do not require it.
Despite the rise in coronavirus cases mask usage remains a political issue in the US and is voluntary in a number of states. Goldman found that mask usage is highest in the Northeast, which was particularly hard hit by the pandemic, but where conditions have now improved, while the numbers are far lower in the south.
Arizona, Texas and Florida, which were among the first states to reopen and have seen a jump in coronavirus cases in recent weeks, have all reversed easing measures. Indeed, Goldman Sachs analysis found that reopenings have been delayed or reversed for about 40 per cent of the US population, which has raised fears about fresh lockdowns.
• Grundy County States Attorney Jason Helland
• Illinois State Representative Darren Bailey
• Constitutional Lawyer Thomas Devore
• Teacher Tonya Sneed
• Parkview Christian Academy Board President Jed Davis
• Event organizers Dawn Gregory, Kayla Brooks Null and Michael Rebresh
Helland was clobbered by Secretary of State Jesse White in 2018. He’s been a regular at these rallies.
