* From the subscribers-only Capitol Fax on May 21st…
Back in February, a LaSalle County judge dismissed a defamation lawsuit filed by former Rep. Jerry Long (R-Streator) against his 2018 general election opponent Lance Yednock (D-Ottawa). Rep. Yednock won the race, but Long claimed a Yednock ad defamed him for claiming he was being investigated for sexual harassment.
The problem with Long’s suit, Judge Eugene Daugherity pointed out back then, was that Long told reporters last fall that the House Republicans were looking into a sexual harassment claim. The House Republicans, you will recall, walked away from Long’s Tier One campaign after a staffer lodged a private complaint against him.
Rep. Yednock claimed throughout the lawsuit that Long was illegally using the legal process to retaliate against him for participating in the democratic process. Illinois has a Strategic Lawsuit Against Public Participation Statute (SLAPP) on the books, although courts have watered it down over the years.
After the case was dismissed, Yednock pursued Long for his attorney’s fees. Last week, Judge Daugherity cited the SLAPP statute in awarding Yednock nearly $17,000 in attorney’s fees to Yednock.
Hopefully, this ruling will chill some of these campaign-related lawsuits that are becoming all too common.
On Wednesday, a Kane County judge threw out a lawsuit brought by two failed McHenry County Board candidates, Ersel Schuster and Orville Brettman, who had filed a defamation suit over campaign literature opposing them in 2018. The flyer was financed by a “dark money” group called the Illinois Integrity Fund, which has ties to County Board Chairman Jack Franks.
But the judge ruled that the facts on which the flyer’s claims were based – that an online threat against Franks had been traced to a computer at Schuster’s home, and that Brettman had been a party to violent acts in the 1970s with a group called the Legion of Justice – probably were true.
The allegations against Schuster and Brettman had been recorded in public records and reported in the Northwest Herald, among other news outlets. They were public knowledge.
On Friday, two additional County Board candidates who had filed lawsuits – Chuck Wheeler and Michael Rein – withdrew their suits against the same group and agreed to pay the Illinois Integrity Fund’s lawyer fees.
In a joint lawsuit filed Feb. 19, Schuster and Brettman alleged the flyers wrongfully accused them of having histories of “criminality and hate.” The flyers referenced news articles reporting Brettman’s alleged ties to a paramilitary group called the “Legion of Justice,” and a police investigation tied to an online death threat that was traced back to Schuster’s home. […]
Last year, an apparent online threat against Franks’ life led police to Schuster’s home, where officials say the IP addresses associated with the comment originated. […]
According to the transcript from Brettman’s 1975 testimony before a Cook County grand jury, the former Carpentersville village president and police officer was involved in a right-wing extremist group that was responsible for several raids and the bombing of an Elgin church.
If you don’t want somebody sending out mailers about your sordid past, don’t run for office. And, for crying out loud, don’t sue when you’re busted. It’ll cost you.
Respondent in Discovery, BETH QUINN, (”Respondent”) request that this Court dismiss Plaintiff David Krupa’s Complaint under 2-619(a)(9) of the Code of Civil Procedure and the Illinois Citizens Participation Act (735 ILCS 110/15). In support, Respondent states as follows:
Plaintiff is an aldermanic candidate running against Respondent’s husband Alderman Marty Quinn. On February 1, 2019, Defendants the Chicago Teachers Union (“CTU”) and Jeanine Muir (“Muir”) published a letter describing harassing conduct committed by Plaintiff (the “Letter”). The Letter stated that Plaintiff “demonstrates complete disregard for women and a pattern of judgment that disqualifies him from holding public office. I respectfully request that you do not vote for Mr. Krupa in the upcoming municipal election.”
In this lawsuit, Plaintiff is suing CTU and Ms. Muir for alleged defamation over statements in the Letter. Even though the Letter contains no indication that Respondent had any involvement whatsoever in its publication, Plaintiff also named Respondent as a respondent in discovery, purely speculating that Respondent must have been somehow involved, yet failing to allege any specific facts to support such speculation. Plaintiff’s Complaint also does not claim that this Respondent, or any of the other named respondents in discovery, made any other allegedly defamatory statements.
Plaintiff’s lawsuit is nothing more than an abuse of the judicial process to: (1) attempt to stifle Respondent’s’ First Amendment rights in the weeks leading up to the Chicago municipal election; (2) retaliate against Defendants Chicago Teachers Union and Ms. Muir for opposing his candidacy: and (3) to baselessly name Respondent in a blatant attempt at harassment, since she is the wife of Alderman Quinn, his election opponent, in order to attract media attention to himself. This lawsuit is clearly nothing more than a Strategic Lawsuit Against Public Participation (“SLAPP”) that must be dismissed under the Citizen Participation Act (“the Act”).
The judge has not yet ruled on the SLAPP motion, but on August 12th he dismissed the complaint against Mrs. Quinn. The plaintiffs are, however, expected to refile.
…Adding… I was looking for something else and found Beth Quinn’s statement at the time the motion was filed…
I was shocked and disturbed by the allegations Tony Peraica leveled at me. I am not involved in politics but was inappropriately dragged in through a ploy to attack my husband. I don’t want to be involved in this fight, but I also will not stand by while my reputation is attacked. I am hopeful the judge sees this situation for what it is - Tony Peraica enabling David Krupa, a known aggressor and bully of women, and not a legitimate complaint against me.”
Medical device sterilization company Sterigenics will need to defend itself in Cook County court against a host of lawsuits brought by trial lawyers on behalf of people living in communities surrounding Sterigenics’ Willowbrook facility, as the judge said the company’s compliance with federal clean air rules don’t protect it from the lawsuits accusing the company of releasing emissions the lawsuits say caused the plaintiffs’ cancer.
On Aug. 15, U.S. District Judge Rebecca Pallmeyer, who serves as chief judge for the Northern District of Illinois, ordered a collection of lawsuits filed against Sterigenics back to Cook County Circuit Court, where they had originally been filed.
In her ruling, Pallmeyer rejected Sterigenics’ assertions the lawsuits amounted to an attempt by the plaintiffs to use litigation to sidestep federal environmental laws and regulations, and extract payment from a company that had not violated any federal or state emissions rules.
“… Plaintiffs’ claims can succeed without reference to any federal statute,” Pallmeyer wrote. “Even if, as Defendants (Sterigenics) believe, a jury finds that they complied with federal standards, the jury could nevertheless determine that state common law imposes a standard of care higher than that expressly required by federal law.”
Nearly three dozen people have sued the operator of a suburban Chicago medical equipment cleaning plant they claim emits fumes that have adversely affected their health, lawyers for the plaintiffs announced Tuesday.
The 32 lawsuits filed against Sterigenics LLC this week in Cook County seek damages from the company, which operates a plant in Willowbrook.
“Nobody should have to go through anything like this,” said Burr Ridge native Jeanne Hochhalter.
NBC 5 anchor Rob Stafford on Friday filed a lawsuit against Sterigenics claiming he was diagnosed with a rare blood disorder after being exposed to toxic levels of ethylene oxide emitted by the Willowbrook facility.
Stafford was diagnosed with amyloidosis in 2018, shortly after the United States Department of Health and Human Services released a report calling the emissions from the Sterigenics facility a public health hazard, the lawsuit states.
According to the lawsuit, Stafford lived in Hinsdale and was a regular member of a sports club in Burr Ridge during the time it was determined Sterigenics’ sterilization process resulted in ethylene oxide emission at the Willowbrook facility, causing exposure in portions of Burr Ridge and Hinsdale.
In the lawsuit, Stafford alleges negligence, willful and wanton conduct and ultra-hazardous activity, saying the defendants “had the ability to regulate the emissions of ethylene oxide” but instead failed to warn the public of the risk of their health. He is suing for damages in excess of $50,000.
In a statement Sterigenics said it “has consistently complied with applicable regulations” and intends to “vigorously defend against” the claims.
An NBC 5 spokesperson said the station does not comment about employees’ personal matters. “But I can confirm that Rob informed us about his intentions to file a lawsuit a couple of months ago,” the spokesperson added. “Since then, Rob has not been assigned to report on, or read, any stories involving Sterigenics. This practice will remain in place.”
…Adding… Andrea Thome calling out Leader Durkin. Hmm…
Sept 6 is just around the corner. Where are the people who promised to act on our behalf and draft that good-faith bill? Cashing chemical lobby checks? @jimdurkin82
* The Illinois House Speaker contributed $100,001 today to Friends of Michael J. Madigan. Under state law, his personal committee can now accept unlimited contributions. Madigan did the same thing in 2018, but that was in the months leading up to the general election. Click here for the fresh A-1.
As we’ve already discussed, Madigan’s been spending a lot of money on legal fees this year. But this is also probably a good indication that he’s serious about expanding his partisan margin and protecting his members next year - in both the primary and general elections.
…Adding… In other campaign news…
Milestone: We just surpassed 500,000 voters registered since Illinois' Automatic Voter Registration law went into effect in July 2018.
* For whatever reason, a former Trump advisor running for Congress in the Chicago suburbs reached out to the New York Post to announce her campaign…
A conservative young Latina from Illinois is running for Congress as the anti-AOC.
Republican Catalina Lauf, 26, who is hoping to snag a Democratic-held seat outside Chicago, supports President Trump’s border wall, cites Ronald Reagan as an idol and hopes to be a counterweight to Rep. Alexandria Ocasio-Cortez’s congressional “Squad.”
If Lauf wins the seat, she would break the Bronx-Queens representative’s record as the youngest woman ever elected to Congress.
“I think it’s time that people step forward who want to unite the country and do it for the right reasons,” Lauf told The Post.
The self-described “lifelong conservative” on Tuesday announced she is running in the state’s 14th Congressional District west of the Windy City — and will be taking on incumbent Democrat Lauren Underwood.
Lauf is a former Trump administration adviser from Woodstock, Ill., who describes herself as “Latina by heart, American first” — born to an American father and Guatemalan mother. […]
Lauf accused the 32-year-old incumbent of not representing the mostly rural, traditionally Republican district that the Democrats narrowly won with 52.5% of the vote in the 2018 midterm election.
A bombshell new report today by NPR uncovered serious potential impropriety at the Republican Main Street Partnership (RMSP), a network of political organizations which was co-Chaired by Congressman Rodney Davis during the period in which significant concerns were raised about how millions of dollars of contributions were spent. According to one former GOP lawmaker quoted by NPR: “It just all smelled really bad.”
According to NPR’s report, lawmakers and GOP operatives have questioned the use of hundreds of thousands of dollars of campaign contributions by Sarah Chamberlain, the Executive Director of the groups co-led by Davis, and that there’s fear the organization may be “running afoul of campaign finance and tax laws.”
When contacted by NPR, Congressman Davis refused to answer questions, and quietly cut his ties to group, even though NPR reports that “before Election Day, sources said, there was a growing list of questions about Chamberlain’s leadership of RMSP,” meaning that these actions were happening under Davis’ watch.
Even worse? This network’s Super PAC spent $200,000 last year to prop up Rodney Davis’ re-election campaign, raising further questions about spending decisions at the organization, and Rodney’s role in them.
“Rodney Davis needs to come clean with the public about what he knew about potential violation of federal law at the shadowy political network that he helped oversee, and when he knew it” said DCCC spokesperson Mike Gwin. “We already knew that Rodney Davis is a career politician who feels more at home at high-dollar fundraisers in DC than listening to his constituents, but this report raises serious questions about what he’s been doing in the Washington swamp.”
* The Illinois Municipal League has taken a very conservative approach to informing its members about the new cannabis legalization law. So, some legislators have taken it upon themselves to provide more information…
The offices of Representative Kelly Cassidy, Senator Heather Steans, Representative Jehan Gordon-Booth, and Senator Toi Hutchinson are releasing a Local Government toolkit for the implementation of HB 1438, or the Cannabis Tax and Regulation Act. All offices have received requests for assistance and information from governments across the state on the steps they need to take before implementation in their jurisdictions. Within the Cannabis Tax and Regulation Act legislators took specific steps to allow local governments to determine whether and how they would allow cannabis businesses and dispensaries within their jurisdiction.
“We are giving local governments the control they have asked for and many have already started making decisions and voting on their ordinances,” said Senator Steans, D-Chicago.
While possession and private consumption will be legal throughout the state, some governments may decide to opt out, while others will seek to go even further than the state law does in terms of social equity and inclusion. This toolkit outlines various ways to go about that process.
“We believe this toolkit will be most useful to smaller local governments that may not have the staff and resources to look into the details of the new law,” said Rep. Gordon-Booth, D-Peoria.
While organizations such as the Illinois Municipal League have compiled recommendations as well, they are focused solely on how to ‘opt out’ rather than offering the full scope of possibilities. The toolkit discusses the wide variety of options available to local governments. They have the ability to establish zoning conditions for placement of cannabis businesses, impose additional taxes, add equity provisions such as fee waivers and loans, and allow social use spaces or ‘lounges’ for consumption.
“Think of everything in the bill as a floor, not a ceiling. This is just the beginning - there is still room for change. We are allowing local governments to work on their equity provisions as they see fit,” said Senator Hutchinson, D-Park Forest.
The toolkit also provides example city ordinances and links to corresponding parts of the law itself. Governments can use ordinances created by cities such as San Francisco, Denver, and Las Vegas to model their own implementation of the Cannabis Tax and Regulation Act. The intention is to leave as much as possible up to local governments, while providing them the tools necessary to implement legalization to best suit the needs of their communities.
It’s my opinion this state shouldn’t have legalized alcohol’s “leafy cousin” until it had answers for the questions being pondered by the Effingham County Board, et al, such as: What happens when an employee or applicant tests positive for it? What are the employers’ legal rights? What are the rights of the potential hire/employee? And there are other concerns. The fact remains that marijuana in recent times was considered a “gateway” drug. What happened to that theory? Did it just cease to be now that states are legalizing it?
The employer/employee questions can be answered with a quick Google search. For instance…
The Act provides employers with strong workplace protections, more than any other state that has legalized marijuana use.
And the theory about cannabis being a gateway drug is still being pushed by some folks. It’s not really a great argument, however. For one, legalization takes weed out of the hands of illegal drug dealers, who likely have other, more potent drugs available for customers. Legal dispensaries will not be selling heroin, cocaine or crack. Again, try the Google.
* Related…
* Weed-bill sponsors worry local governments will get greedy - If municipalities and counties charge the maximum tax of 6 percent, it could cut into legalized sales, legislators warn
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* The high road: Cannabis will be legal in Illinois as of Jan. 1 and Beloit police are worried: “You’re talking Madison here,” said South Beloit Mayor Ted Rehl. “Like, ‘Oh, my god, Disneyland just moved closer.’” … But with the prospect of a 3% cut of tax revenue from cannabis sales, South Beloit is all in. In a cash-strapped community where property values have remained stagnant for the past decade, it’s a no-brainer for Rehl.
* Plano City Council to soon start recreational marijuana talks: Hausler said he does not know how the full City Council feels about recreational marijuana, but it seems like most are in favor of the city opting in and taxing those sales. He said he also has had discussions with law enforcement about their concerns, including how no one knows for sure how it will affect the city’s police department or calls for service.
* Bloomington Seeks To Lift Gambling Moratorium, Create Cannabis Plan: Carrillo got a lukewarm response from her colleagues to her request to establish a task force to examine how the city should foster a marijuana industry when its recreational use becomes legal next year. She noted the Town of Normal has already started its own discussion.
* In an informal 4-3 vote, the Highland Park City Council opted to take a “wait and see” approach to recreational cannabis businesses: Although the vote was informal, the opinion expressed by majority means it will be practically impossible for a business to open up in town on Jan. 1 when the first early approval licensees can begin selling recreational cannabis to adults in Illinois.
An Illinois State Police officer was shot while serving a search warrant near Washington Park.
Bommarito Automotive SkyFOX helicopter was over 1426 North 42nd Street and Caseyville Ave. Images show several police departments such as the Illinois State Police, East St. Louis Police and tactical units are on scene.
Illinois State Police confirm that an officer was shot serving a warrant at the home. He was taken to the hospital to be treated for the gunshot wound. His condition is not known at this time.
A police source tells FOX 2 that there are three people under arrest. One person is still barricaded in the home.
No comments on this one. Just keep the troopers - all troopers - in your thoughts. And let’s all hope everything goes smoothly for the Executive Protection Unit at the Du Quoin State Fair.
*** UPDATE 1 *** The ISP has released a statement calling the trooper’s injuries “life-threatening”…
llinois State Police (ISP) officials announce an Illinois State Police Trooper has been shot during the execution of a search warrant in the 1400 block of North 42nd Street in East St. Louis in the early morning hours of Friday, August 23, 2019.
At 5:26 A.M., during the execution of the search warrant, there was an exchange of gunfire at the residence and the Trooper was struck. The ISP Trooper received life-threatening injuries and has been transported to a regional hospital. The Trooper is 33 years old and is a 10-year veteran of the ISP.
This is an open and ongoing investigation with an active scene. Additional information will be available at a later time.
An Illinois State Police trooper died from wounds suffered early Friday while executing a search warrant in East St. Louis.
Trooper Nicholas Hopkins, 33, of Waterloo, a 10-year veteran of the force, was wounded during an exchange of gunfire while serving the warrant at an East St. Louis home, said State Police Acting Director Brendan Kelly. He later died at a hospital.
After the shooting, police surrounded the home and arrested three people. Police remained on the scene throughout the day, uncertain if another suspect was barricaded in the house, according to authorities. The three people arrested were not identified.
Police didn’t say if anyone else was shot, nor have they revealed the issues addressed in the search warrant.
* Gov. Pritzker…
Today the entire state mourns the loss of ISP South SWAT Trooper Nicholas Hopkins, a young man who dedicated 10 of his 33 years on this earth to protecting the people of Illinois. It is the most courageous among us who choose a life of risk so their communities can go about their lives in peace. The state of Illinois stands with Trooper Hopkins’ family and the entire Illinois State Police family as they grieve the loss of another heroic officer.
The numbers for this year’s Illinois State Fair continue to demonstrate a historically successful event. While records for both revenue and ticket sales were broken for the grandstand lineup, high marks from parking, attendance and vendors were also achieved.
Estimated attendance totals of nearly 509,000 are 37% higher than 2018’s projection of just over 370,000 making it the largest estimated total attendance since 2014. Despite a reduction in admissions for Sunday through Thursday, gate revenue was up over last year’s fair. More parking passes were sold this year than the previous 17 years that this information was recorded. This year’s fair also saw an increase of vendors over last year by nearly 50.
“This year’s fair took an already wonderful event to new heights, breaking records at the grandstand and bringing Illinoisans from all across the state together to celebrate everything that makes Illinois so special,” said Governor JB Pritzker. “From barns packed with all that our agriculture industry has to offer to entertainment for Illinoisans of all ages, I’m thrilled my first state fair as governor was such a success.”
“No matter the metric, this year’s fair was undoubtedly a success,” said Illinois State Fair Manager Kevin Gordon. “Our goal was to bring families back to the fair during the week. I feel our decision to reduce admission during the week was rewarded by the attendance of the public. The weather was wonderful, our promotions were well received, our grandstand lineup was historic and I spoke with many vendors and concessionaires pleased with the crowds and their revenues. I’m excited to see what this means for our total revenues once those numbers are finalized.”
…Adding… Some commenters have asked about 2018 fair attendance. The drop was not weather-related…
The Illinois State Fair in Springfield saw 369,144 people walk or drive through its gates last month, an 8 percent drop compared to last year’s fair, state officials reported Friday.
Officials noted, however, that fairgoers this year appeared to spend more money than in 2017, according to an early look at vendors’ sales receipts.
This year’s attendance total was lower than the 401,648 who attended the 2017 fair but higher than the 347,855 who passed through the gates during the 2016 event that was plagued by flooding rains, extreme heat and power outages. The 2015 state fair, the first to be counted using a different formula, attracted 411,547.
Fair officials noted this year’s milder weather and limited rain helped the numbers.
…Adding… Historical data…
#ILStateFair attendance the past five years: 2015 - 411,547 2016 - 347,855 2017 - 401,648 2018 - 370,609 2019 - 508,901
Fair officials pulled out all the stops this year to get people back out and it looks like it paid off. Decent weather helped, too. #twillhttps://t.co/xR1hiTR0Eo
