* 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.
