* Four days ago…
The Carlyle, Illinois school district that previously defied Governor J.B. Pritzker’s mask mandate has reversed course after a spike in COVID cases and several students forced to quarantine.
From elementary through high school, Carlyle Community Unit School District No. 1 has fewer than 1,000 kids.
A school board member confirms to 5 On Your Side more than 150 are already in quarantine just two weeks into the year with close to 30 testing positive for COVID-19.
That number could be even higher. The state said Thursday 40 people had tested positive and more than 200 students were going into quarantine.
* But then our old pal Thomas DeVore intervened…
A judge in Clinton County Court says the Carlyle School District does not have the authority to quarantine students.
As a result, a temporary injunction was issued Monday in favor of two Carlyle Unit School District parents whose children had been quarantined.
The attorney for the parents, Thomas DeVore, says the law is clear that only a county health department can quarantine a student and tell them when they can return to class. He argued the school district could not take over the role of quarantining students just because they were not getting the assistance they wanted from the county health department.
DeVore says while the temporary injunction only covers the two children named in the lawsuit, he doubts the school district would continue with their quarantine practice now that they know a judge has ruled against it.
The judge’s TRO is here.
What DeVore wants to do is force either the local county health department or the state Department of Public Health to go to court to quarantine each and every individual student, which is ridiculous.
* But the joke’s on him. The TRO includes this language...
Nothing in this order shall be construed to prohibit the District from implementing a school wide, or district wide, remote learning program.
And that’s exactly what Carlyle Community Unit School District #1 has done. I called over there this morning and they confirmed the district sent everyone home for remote learning on Friday and it will last throughout this week.
So, the truly bizarre folks who got all upset that their kids would miss school because they caught or have been exposed to COVID-19 have managed to shut down in-person learning for everyone in the district.
Complete, utter insanity.
*** UPDATE *** Another DeVore special…
Motions for a temporary restraining order and a preliminary injunction against the Quincy School District and superintendent Roy Webb were filed at the Adams County Courthouse late Monday afternoon by an attorney representing three Quincy families.
The motions were filed by Thomas Devore, a Sorento, Ill., attorney with Silver Lake Group, Ltd., in Greenville, on behalf of plaintiffs Scott and Jamie Lowary and their child, Christina Terwelp and her child, and Travis and Ashley Oshner and their minor child.
The motion for the temporary restraining order asks to allow the children of the three families to “continue their in-person education upon the premises of the district until such time as an order of quarantine might issue against the children.” The motion for the preliminary injunction would allow the children of the plaintiffs to immediately “resume their in-person education unless the (Adams) County Health Department or the Illinois Department of Health has provided defendants with a lawful order of quarantine.” […]
Oshner wrote on his Facebook page that “QHS kicked (his son) out of lunch for his mesh mask” on Aug. 20.
* In other news…
* ISBE rejects Anna-Jonesboro’s request to use COVID relief money on football turf
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* Click here for the revised House map released this morning and click here for the new Senate map. The House Democrats have scheduled a 10:45 hearing this morning for the redistricting committee in Room 114.
* Mark Maxwell…
In the House, Democrats drew the following Republicans into the same legislative districts:
• Representatives Mike Murphy (R-Springfield) and Avery Bourne (R-Raymond)
• Representatives Chris Miller (R-Oakland) and Adam Niemerg (R-Teutopolis)
• Representatives Joe Sosnowksi (R-Rockford) and Steve Reick (R-Woodstock)
• Representatives Dan Caulkins (R-Decatur) and Brad Halbrook (R-Shelbyville)
• Representatives Amy Grant (R-Wheaton) and Seth Lewis (R-Bartlett)
• Representatives C.D. Davidsmeyer (R-Jacksonville) and Randy Frese (R-Quincy)
• Representatives Tom Morrison (R-Palatine) and Chris Bos (R-Lake Zurich)
Democrats drew Representative Dan Caulkins (R-Decatur) into the same district with his colleague Brad Halbrook (R-Shelbyville), but Caulkins said he plans to re-establish residency in a district next door to attempt to outmaneuver the gerrymander.
The new maps also spared some Republicans who were bracing for primary battles under the maps that were passed in May. Representatives Dan Ugaste (R-Geneva) and Keith Wheeler (R-Oswego) are no longer paired together in the same district, as well as Representatives Tony McCombie (R-Savanna) and Andrew Chesney (R-Freeport), who will each enjoy the benefit of incumbency in safe districts in the upcoming election.
Calabrese projected the Democrats could pick up six or seven House seats under the gerrymandered maps, but could potentially lose one or two seats in the Senate.
“They’re probably gonna have 80 members [in the House],” he said. “I also have the Democrats actually losing seats in the Senate, because what they did is they really catered to their members. And so there’s like no swing districts in the Senate. The seats are either really Republican or really Democratic.”
I struck out the Sosnowksi vs. Reick primary because this morning’s new House map puts them in separate districts. Stay tuned for more changes.
Also, subscribers know more, including about Chesney’s likely GOP opponent.
* Tribune…
U.S. District Judge Robert Dow warned Democrats that they should address concerns about undercounted minority populations when approving new maps during Tuesday’s special session.
That’s just what Democrats said they attempted to do with the new proposed boundaries introduced Monday, including an effort to put more of the Orthodox Jewish community into a single House and Senate district. The new maps also make a greater effort to keep more communities within single districts, Democrats said. […]
But Shlomo Soroka of Agudath Israel of Illinois said the newest map actually further divides the Orthodox Jewish community on the Northwest Side and in the northwest suburbs.
“I actually refuse to believe this was done intentionally, but if it was a mistake, it’s not too late to fix,” Soroka said during a hearing on redistricting late Monday.
My consultant Frank Calabrese says there were no changes to that district.
…Adding… From Frank…
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[Bumped up to Tuesday for visibility]
* The Senate held a hearing today on the new climate/energy bill. But this thing as written isn’t going anywhere even if the Senate passes it tomorrow. From Gov. Pritzker’s office…
The Governor’s position on a comprehensive energy bill has not changed since discussions at the end of session in May and again in June: any energy package needs to lead with ethics and transparency, needs time to be vetted, and must end carbon emissions by a date certain. HB3666, a bill that was not agreed to by environmentalists nor negotiated with all stakeholders, falls short of that standard, and if it reaches the Governor’s desk, he will veto it. The Governor remains committing to finalizing a bill that put consumers and the climate first, moves us to a zero emission future, and leads with ethics and transparency.
Scientists around the world have said we are at a “code red for humanity” and surely they would agree that we cannot wait to 2040 to cut the emissions of Prairie State Energy Campus - the nation’s seventh largest polluter - in half. And a thousand page energy bill affecting both ratepayers and utility interests that have been the subject of a deferred prosecution agreement should not be released on a Monday and voted on the next day.
BACKGROUND
• The Senate draft was scheduled to be filed at 8:30AM, very shortly after a copy was sent to the administration and stakeholders for the first time.
• Our review of the 900 page plus bill is still ongoing at this hour.
• This bill does not reflect previous agreements, in fact, this draft is worse for the planet and better for industries of polluters.
o The Senate bill does not phase out the dirtier gas plants nearly quickly enough. Even natural gas companies believe the orderly process that would have been created by the Illinois EPA in the Governor’s draft was more workable and responsible.
* House Speaker Chris Welch’s spokesperson Jaclyn Driscoll…
The Speaker is still reviewing the language that was filed this morning, but he has always been clear that before an energy proposal is called in the House there must be a consensus among the Democratic caucus and stakeholders, as well as include strong, meaningful ethics provisions. Leaders Evans, Gabel, and Hoffman have been tenacious advocates at the table throughout these negotiations and Speaker Welch will rely on their advice and guidance as conversations continue.
* And one of those stakeholders is the Sierra Club…
Today, an amendment to HB3666 was introduced in the General Assembly, which fails to act on the urgency of the climate crisis and gives a free pass to the Prairie State coal plant, the largest polluter in Illinois. Despite widespread approval for an energy bill that sets firm deadlines to equitably decarbonize our electric grid and grow Illinois’ clean energy economy, legislators continue to cater to fossil fuel interests. The amendment to HB3666 currently allows Prairie State to continue burning coal without any pollution reductions before 2045, leaves frontline communities vulnerable to short-term pollution increases, and allows fossil fuel companies to appeal to the Illinois Commerce Commission for pollution bailouts. Sierra Club joined other environmental advocates in opposing any bill that jeopardizes people and a livable climate.
Despite Governor Pritzker, legislators, and the Illinois Clean Jobs Coalition staring down Exelon, ComEd, and Ameren to demand climate leadership for our state, fossil fuel corporations and special interests on behalf of Prairie State continue to hold Springfield hostage.
In response, Sierra Club Illinois Director Jack Darin released the following statement:
“We remain confident that an agreement on a comprehensive energy package is absolutely possible, but as currently drafted, Sierra Club cannot support this bill. This summer alone, we have witnessed the hottest July ever documented, extreme weather, and flooding across Illinois. A report from the Intergovernmental Panel on Climate Change sounding the alarm of an even graver climate crisis than we thought. This bill must match the urgency of the moment. While it includes many of our priorities to grow an equitable, clean energy economy across Illinois, it does not currently have a decarbonization plan that holds the state’s biggest climate polluters accountable or protects our frontline communities. Coal plants like the Dallman Power Plant and the Prairie State Coal Plant continue to pollute Illinois communities at alarming rates, with the Prairie State Coal Plant killing 76 Illinoisans annually and costing $2 billion a year in damage to our health and environment.
“The fossil fuel industry has time and again left Illinois workers in a lurch and left communities with toxic legacies and broken promises. Other states are tapping the potential of a booming clean energy economy and without action, Illinois will not only fail to meet the challenges of the climate crises, but will deny the opportunity of clean energy prosperity to generations of Illinoisans. We remain committed to working with legislators and stakeholders to come to an agreement that prioritizes equity, clean energy jobs, and decarbonizes Illinois’ electric grid.”
* IRMA, however, has moved to neutral…
The Illinois Retail Merchants Association (IRMA) released the following statement regarding the proposed energy omnibus legislation:
“From safely storing food and medicine to ensuring shoppers have access to needed goods around the clock, retailers and the consumers they serve need reliable and affordable energy. As a result, IRMA has been an active and engaged stakeholder on energy legislation dating back to our support of, and leadership on, the landmark deregulation of the Illinois energy market in 1997. IRMA was the only statewide business group to support deregulation, which has saved businesses and homeowners billions of dollars and created one of the most reliable grids in the nation. As such, we have expressed concerns about various energy proposals put forth over the last two years. Most notably the added cost and potential reliability issues included in earlier proposals,” said Rob Karr, president & CEO, IRMA.
“However, thanks to the strong leadership demonstrated by Senate President Don Harmon and Senate Pro Tempore Bill Cunningham, IRMA is no longer opposing this legislation following good faith negotiations that took place throughout the summer and leading into this week. While no bill of this complexity is ever perfect, much has been done to temper the costs on retailers and consumers. That includes reducing the overall size of the proposal, instituting caps on costs and attempting to safeguard reliability. We are also pleased the current proposal is taking additional steps to reach zero carbon emissions, as retail companies big and small are doing that proactively. Overall, this updated measure meets our goal of trying to ensure reliable and affordable electricity for retailers in Illinois while addressing climate change.”
*** UPDATE 1 *** IEC…
Following is a statement from Jen Walling, executive director of the Illinois Environmental Council, on the latest climate and energy bill released today:
“We stand on the precipice of passing comprehensive climate and equitable jobs legislation in Illinois. This moment comes after a years-long campaign, and our even longer strategic effort to build the power of the environmental movement in Illinois. We have grown a strong voting bloc of environmental champions, who stand shoulder to shoulder with Governor Pritzker and our community in demanding a bill that truly addresses climate change and that includes meaningful equity provisions.
“But this legislation isn’t there yet. Anything short of what Illinoisans deserve or what science demands would be too costly a mistake to make in the climate crisis, particularly for BIPOC communities most impacted. Illinois must plan a clear and certain timeline for ending fossil fuels–and it must do so in this bill.
“The coming days will determine whether legislators are strong enough to side with their constituents, or polluting fossil fuel industries who have called the shots in Springfield for too long. Our clean energy future and the future of generations to come depends on the decisions legislators make over the next few hours. Our movement won’t stop pushing until the General Assembly has passed equitable, comprehensive climate legislation worthy of the people of Illinois.”
*** UPDATE 2 *** Crain’s…
Senate President Don Harmon has tried to marry labor’s interests with the greens. He was sanguine Monday evening.
“The Senate president remains optimistic that we’ll find the winning balance of reliable, renewable and affordable energy policies for the people of Illinois,” a spokesman said.
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* Click here for the House, click here for the Senate.
…Adding… Keep in mind that the chambers changed their maps after posting their initial proposals on their respective websites. We could possibly see that happen again.
…Adding… You can find the earlier versions of the House maps here and the Senate maps here.
*** UPDATE 1 *** House press release…
The Illinois House Redistricting Committee has released an updated map of legislative boundaries and encourages the public to provide feedback before the General Assembly is scheduled to vote on the proposal this week.
The updated map reflects information from the 2020 U.S. Census that was recently released, as well as suggestions gathered during public hearings. The proposed changes can be viewed at www.ilhousedems.com/redistricting.
The map is designed to comply with federal and state law and ensure the broad racial and geographic diversity of Illinois is reflected in the General Assembly. Among the proposed adjustments is an effort to keep more communities whole, a frequent request from local officials throughout Illinois. The map also reflects testimony received at the public hearings, such as keeping more of the orthodox Jewish community together in one Senate and House district, as well as keeping the airports in Bloomington and Peoria in the district with the bulk of the respective city’s population.
“The changes proposed for the legislative boundaries better reflect the data we recently received from the U.S. Census and ensure communities are represented by the people of their choice, said Rep. Elizabeth Hernandez, D-Cicero, Chairperson of the House Redistricting Committee. “These changes reflect input gathered at public hearings across the state and I’m incredibly grateful to every person who participated to make sure their voices were heard.”
Additional public hearings will take place and will include a virtual component to ensure stakeholders from across Illinois can safely participate during the ongoing coronavirus pandemic.
· Monday, August 30 at 6 p.m. – Joint Senate and House Hearing (Virtual)
· Tuesday, August 31 at 10 a.m. – House Hearing (Hybrid)
Members of the public may request to provide testimony, submit electronic testimony or submit electronic witness slips in advance of the hearings via the General Assembly website www.ilga.gov or via email at redistrictingcommittee@hds.ilga.gov.
*** UPDATE 2 *** Press release…
Common Cause Illinois announced today that it is boycotting the hastily scheduled Joint Redistricting Committee hearing, scheduled for this Monday evening, in protest of yet another example of how mishandled and undemocratic the redistricting process has been in Illinois.
The organization, which has repeatedly testified at previous hearings and has mobilized its over 30,000 supporters to participate in the process, will not be engaging its network as lawmakers rush to revise maps in the shadows. The General Assembly is set to vote on revised maps on Tuesday, August 31st.
“Since the beginning, we’ve pleaded with lawmakers to keep the redistricting process open, transparent, and accessible to no avail,” said Jay Young, Executive Director of Common Cause Illinois. “This latest, last-minute hearing provides almost no notice to the public. The new maps have been released less than a day before lawmakers vote on them. It’s shameful, and our organization refuses to add any legitimacy to such an undemocratic process.”
“At each opportunity in this redistricting process, it’s as if lawmakers went out of their way to ensure the creation of these maps had as little public input as possible. Rejecting an independent bipartisan redistricting commission, politicians chose to draw maps themselves. They did so behind closed doors, with a series of hearings attempting to add a veneer of public access. Yet, these hearings were consistently hastily scheduled, poorly noticed to the general public, and sparsely attended. As a result, the maps to be voted on tomorrow will not be crafted of public input, but of pure politics.”
Common Cause Illinois will be continuing its work on the creation of an independent redistricting commission in Illinois to give residents a voice in future mapmaking.
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Today’s quotable
Monday, Aug 30, 2021 - Posted by Rich Miller
* US Supreme Court in Jacobson v. Massachusetts…
But the liberty secured by the Constitution of the United States to every person within its jurisdiction does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. There are manifold restraints to which every person is necessarily subject for the common good. On any other basis organized society could not exist with safety to its members. Society based on the rule that each one is a law unto himself would soon be confronted with disorder and anarchy. Real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own, whether in respect of his person or his property, regardless of the injury that may be done to others.
The case was about a vaccine mandate. The decision was handed down in 1905. If you want to read a fascinating thread on the history of anti-vaxxer legal issues, click here. It’s the best I’ve seen.
…Adding… Text message…
I’ve always thought of that 1905 decision as the “your right to swing your arms stops at the other guy’s nose” rule
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