* As I told you last week, the Pritzker administration asked the 2nd District Appellate Court to “publish” its opinion on the Fox Fire restaurant case upholding the IDPH mitigation rules. Publishing the case would make the decision legal precedent.
Well, on late Friday the court did just that. Click here for the published decision.
More background is here if you need it.
* Meanwhile, from a recent Decatur Herald & Review editorial…
There’s scant evidence that open restaurants have led to any of the increases in COVID-19 positives.
Um, from a Wall Street Journal article…
Researchers from Stanford University and Northwestern University have used the mobile-phone data of 98 million Americans to model how the virus spread during the first wave of Covid-19 in the spring.
The study, published in journal Nature this past week, showed that restaurants, gyms, hotels, cafes and religious organizations carried the biggest risk of spreading infections.
* On to the Illinois Municipal League. I’m not sure why they’re complaining about lack of help with enforcement. Do they ask for state assistance to deal with shoplifters, too? Just enforce the law. How difficult is that to do?…
The Illinois Municipal League (IML) is calling on Gov. J.B. Pritzker’s Administration to convene a working group comprised of mayors and other local officials to better coordinate coronavirus response efforts at the community level as cases surge across Illinois.
Since April, mayors across Illinois have repeatedly asked to be included in the process of developing mitigations and enforcement measures. A lack of communication from the state as well as little support in enforcing mitigation measures has frustrated mayors who are seeking to protect their communities but have been met with resistance. A more collaborative approach will help ensure the state is better informed of local issues caused by the pandemic, including challenges related to mitigation compliance, and will help promote a more effective community-level response by ensuring local officials are apprised of the latest data driving mitigation efforts.
“We have consistently advised all municipal leaders to abide by health guidelines issued by the Illinois Department of Public Health and the Centers for Disease Control and Prevention. However, there is a clear need for additional collaboration,” said Brad Cole, IML Executive Director. “The governor has called for an ‘All-in’ approach to address this crisis yet has rebuffed requests to work hand in hand with local officials to implement solutions that protect our residents. Simply blaming mayors for rising cases does nothing to address the underlying issues preventing more effective mitigation results, including distrust of state mandates among residents and the need for state and county enforcement of mitigation measures. It is time for the state to work together with mayors, not just point fingers at them, to stem this rising tide.”
Most cities, towns and villages have a limited set of tools when it comes to implementing coronavirus mitigation measures. For instance, they have no control over food licenses. It falls on the individual county public health departments to revoke an establishment’s food license for failing to abide by mitigation measures. And county state’s attorneys have the sole authority to prosecute violations of state laws and orders.
Further, many mayors are limited in their enforcement authority because they oversee non-home rule communities, where they are only able to put in place measures specifically allowed by state statute. There are 1,081 non-home rule communities in Illinois, compared to 217 home rule communities, which have more discretion to set their own stricter regulations or impose those outlined in the governor’s executive orders.
While mayors have been told by the state to refer enforcement issues to the county public health departments or state police, there has been little follow up by those entities. This has led to uneven compliance across our cities, villages and towns where some individuals and businesses are abiding by mitigation efforts, but others are blatantly disregarding state and local orders while facing no consequences. Confusion over how data is analyzed by the state has also made it difficult for mayors to explain to residents why additional mitigation efforts are required and why they are only applied to certain professions or specific aspects of the service economy.
“These sorts of inconsistencies have caused some residents to question all mitigation efforts, making it even more difficult for local officials to receive compliance with safety regulations,” said IML President Ricky J. Gottman, mayor of Vandalia. “We will keep asking our residents and businesses to comply with state mandates, but we must work together to put in place effective mitigation strategies to protect our communities and the wellbeing of everyone across the state.”
Um, one big reason why there is “distrust of state mandates among residents” is because so many local officials constantly scoff at the state. Before he caved to reality, Springfield’s mayor was confidently saying that the IDPH mitigations wouldn’t work, without citing a single source.
Also, I’ve asked about this non Home Rule bit. Can’t they just enforce state law?
* Sangamon County is finally taking action instead of belly-aching…
Sangamon County Public Health officials have suspended the food permits of five Springfield-area restaurants for defying pandemic restrictions and continuing indoor service.
A Sangamon County spokesman told WAND News the action was taken against Charlie Parkers, D&J Cafe, Fox Run, Sweet Basil Cafe and Casa Real.
WAND News learned from county officials that three of the businesses, D&J Cafe, Sweet Basil Cafe and Fox Run, were cited Friday. All received citations for allowing indoor dining.
Each business was fined $500.
…Adding… Contrast that whiny can’t-do IML statement with this one from the Metropolitan Mayors Caucus…
The 275 Member Mayors of the Metropolitan Mayors Caucus called upon residents and businesses today to commit to some common sense steps to help the Chicago region flatten the COVID-19 curve for the second time.
Acknowledging the need to combat the exponential increases in COVID cases across Chicagoland and the State in recent weeks, regional Mayors ask area residents and businesses to take the following actions for at least the next three weeks or until the rate of infection consistently declines:
• Continue to comply with regulations to wear face coverings whenever you are indoors at a public place or outdoors encountering people outside of your immediate household. The Center for Disease Control reinforced the importance of facemasks last week, saying they protect both the wearer and individuals they may encounter;
• When leaving home, continue to practice social distancing by always staying 6-feet apart from others;
• Continue to wash hands or use hand sanitizer often. Avoid touching surfaces frequently touched by others and keep your hands off your face;
• Consider limiting trips outside your home to going to work, attending school, and obtaining vital goods and services, such as medical care, food, or household essentials;
• Limit gatherings to no more than 10 persons – and remember it is safest to only associate with members of your own household;
• If possible, avoid all non-essential travel.
Most of the requested actions are strategies recommended to residents since the pandemic began. These strategies are still on the regional Mayors’ recommendation list because of their history of successfully reducing coronavirus transmission. Newer recommended actions such as limiting trips and gatherings are consistent with those proposed by area public health officials. While each of our 275 member municipalities is unique, they all agree that it is critically important that we come together in the days and weeks ahead to combat the coronavirus pandemic. Endorsing these strategies is one of the most coherent methods for dealing with the current increase of positivity results
“We are at a critical point in the fight against the pandemic. This second wave requires serious attention from all of us,” said Mayor Joseph Tamburino, Mayor of the Village of Hillside. “Everyone needs to step up right now to bend the curve downward, save lives and help our businesses remain open or in some cases, to re-open.”
“These are common sense actions that we strongly urge all residents to take,” said Highland Park Mayor Nancy Rotering. “It is incumbent upon each of us to take personal responsibility to stop the spread of this virus. The sooner everyone consistently follows these steps, the better chance we have of reducing the rate of infection, keeping our local economies going and avoiding a complete shut-down.”
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Chuy Garcia holds an important key
Monday, Nov 16, 2020 - Posted by Rich Miller
* My weekly syndicated newspaper column…
With the announcement by Rep. Bob Morgan, D-Deerfield, earlier this month that he will not vote to re-elect Illinois House Speaker Michael Madigan in January, the opposition numbered eight House Democrats, with at least a few more privately leaning their way.
They’ll need 13 or 14 Democrats, depending on final general election results, to deprive Madigan of the speaker’s gavel. So, they may need some help to get over the hump.
And there’s one person outside the House who may have enough votes to tip the balance either way.
And, no, it’s likely not Gov. J.B. Pritzker. Not yet, anyway
Pritzker controls no votes in the House. He can’t just push a button and make something happen in that chamber.
Perhaps if he had followed through on his 2018 promises to supplant the moribund state party with a true statewide political organization for all Democrats at all levels, he might have some buttons to push. But he didn’t, and the pandemic intervened and here we are.
Whatever the case, a governor directly confronting the House Speaker has never worked here. Others have tried. All have failed. A governor’s opposition would, as it has in the past, give Madigan something external and concrete to push back against in order to distract from his internal problems.
And if Pritzker’s effort to dislodge Madigan failed, so would the remainder of his legislative agenda. Not to mention that Pritzker certainly hurt himself when he not so subtly threw resources Sen. Kimberly Lightford’s way during her unsuccessful run for Senate President almost a year ago. Once bitten, twice shy.
There is definite pressure on Pritzker to act, though. As the saying goes, “governors own,” so he’ll wear the jacket in 2022 if Madigan is still standing and remains as spectacularly unpopular as he is today.
Maybe Pritzker could quietly do something at the very end to make it happen if the opposition is still slightly short, but don’t expect anything before that unless something major happens with the federal investigation into the House Speaker’s operation. But if Pritzker swings and misses, Madigan will still be around, Pritzker won’t get anything accomplished and the voters will not be pleased.
The dude spent a zillion dollars to get elected governor only to find himself in a dozen trick bags. Welcome to Illinois!
The one person outside the House who could make a real and immediate difference is U.S. Rep. Chuy Garcia. As I’ve told you before, Garcia, the Chicago Teachers Union and Madigan came to an understanding not long after Garcia, with the CTU’s backing, lost the city mayor’s race in 2015. Madigan’s 13th Ward carried Mayor Rahm Emanuel to victory, but that took an extraordinary amount of work in Madigan’s Latino-dominated area. Better to just cut a deal.
Since then, one after another of Congressman Garcia’s close allies have been elected or appointed to the General Assembly.
There are probably no better examples of this than in Madigan’s own neighborhood. Garcia ally Celina Villanueva was appointed to the House in the summer of 2018 when Madigan loyalist Rep. Silvana Tabares was appointed to the Chicago City Council in the neighboring 23rd Ward. Rep. Villanueva then ran unopposed in a special election to replace resigned Sen. Martin Sandoval (Madigan’s senator) and Garcia’s congressional aide Edgar Gonzalez was appointed to Villanueva’s House seat. In between, Madigan successfully supported another Garcia staffer for a Cook County Board slot over Sandoval’s daughter.
Congressman Garcia has significant influence over at least three Chicago Democratic House members (Gonzalez, Aaron Ortiz and Delia Ramirez). But if he makes a strong statement either way on Madigan, several other progressives in the chamber could very well follow his lead.
Garcia, by the way, is also a member of Madigan’s state party central committee. A few committee members have spoken out against Chairman Madigan, but Garcia has a stronger political organization and a larger public platform. He could make a real difference there, too,
But a deal is a deal and, in the long term, Garcia has the better end of it. Madigan gets peace and Garcia gets more of his people into influential positions every time there’s a path (or close to it, like when Madigan tried unsuccessfully to block Eva-Dina Delgado’s appointment to the House this year after Garcia and the CTU supported someone else).
And that probably explains why Congressman Garcia isn’t returning my phone calls and texts these days to ask what he’s planning to do about all of this.
…Adding… Congressman Garcia didn’t respond to the Sun-Times, either…
Five members of the [Democratic state central committee] — including a congresswoman and a newly elected countywide official — are openly calling for Madigan to step down.
Four others — including the Cook County clerk — see no need for new leadership.
What the other 27 are thinking is a mystery, since they didn’t respond to the Sun-Times’ requests for comment.
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[Comments now open]
* Press release…
Despite making substantial progress on Illinois’ fiscal challenges in Fiscal Year 2020, the ongoing coronavirus pandemic has resulted in unexpected and dramatic revenue losses, and Illinois will also continue to face significant financial challenges until it finds a long-term solution to its long standing structural deficit, the annual Economic and Fiscal Policy Report from the Governor’s Office of Management and Budget concludes.
As a result of these recent challenges and with the option for a graduated income tax now off the table, the Governor’s Office of Management and Budget is projecting sizeable deficits in the General Funds budget for fiscal years 2022 through 2026. Without changes to the current trajectory of the state’s finances, year-end accounts payable will continue to grow year by year, the report states.
And then it goes on.
Click here for the full report.
* We’ll go through it Monday, but here’s the actual projection…
So, the backlog is projected to equal 69 percent of total expenditures by FY26.
Great.
Also, nothing like dropping horrific fiscal news on a late Friday afternoon. Thanks, GOMB.
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* The governor announced today that he would be extending the state’s eviction moratorium by another 30 days…
But landlords and property owners are a crucial part of Illinois housing cycle, just as much as renters, and they deserve protection, too.
So with input from smaller landlords and property owners, this new moratorium will ensure that the rents are paid by tenants who may have been taking advantage of the eviction moratorium but are in fact able to pay to make their monthly rent payments in line with the CDC eviction ban on renters, who have earned no more than $99,000 in annual income or $198,000 as joint filers for this calendar year are covered under this extension.
Renters who are unable to pay will be required to submit a declaration form to their landlord certifying that they are unable to pay their rent due to the substantial loss of income or an increase in out of pocket expenses stemming from the pandemic. This form will be available on the Illinois Housing Development Authority website for easy access.
Please pardon all transcription errors.
*** UPDATE *** Press release…
The following statement can be attributed to Michael Mini, executive vice president of the Chicagoland Apartment Association:
“We are grateful that Governor Pritzker has fine-tuned his residential eviction moratorium rules so landlords are not taken advantage of by tenants who withhold rent payments without cause or demonstrated financial losses due to COVID-19. In tens of thousands of instances, landlords are working with tenants in offering extended grace periods and manageable payment plans. The amended eviction moratorium announced today by Governor Pritzker provides for greater accountability by non-paying bad actors who have refused to communicate with their landlords to demonstrate their need for assistance, enabling landlords to better assist tenants truly in need.
The pandemic indeed threatens the financial viability of both tenants and landlords across Illinois as we all face unprecedented pressures. We need more federal funding to ensure renters experiencing hardships can keep paying their rent and property owners can cover their operating costs and maintain safe living conditions for their residents. We join the call in urging members of the Illinois delegation to proactively push for another federal government relief package.”
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* Sun-Times…
An obscure but crucial figure in the feds’ years-long investigation of public corruption in Illinois pleaded guilty to an unrelated fraud scheme Friday, six years after he secretly recorded House Speaker Michael Madigan with hopes of future leniency from a judge.
See Y. Wong admitted he scammed a bank and pleaded guilty by video to wire fraud. He did so four months after a federal subpoena sent to Madigan’s office indicated Wong’s undercover work could still be relevant to the probe roiling state politics.
In that subpoena — delivered the day the feds charged ComEd in a bribery scheme that implicated Madigan — the feds sought documents related to Chinatown properties that appear to be part of the recorded conversation Wong had in August 2014 with Madigan and then-Ald. Daniel Solis (25th).
Madigan has not been criminally charged and has denied wrongdoing. Solis later helped the feds build a racketeering case against Ald. Edward M. Burke (14th), who was first criminally charged Jan. 2, 2019. Burke’s lawyers say Solis struck a so-called deferred-prosecution agreement with the feds the next day.
Federal prosecutors first charged Wong in March, days before the coronavirus pandemic took hold in Chicago and upended the federal court system. Their seven-page charging document, known as an information, first revealed the scam that apparently prompted Wong to cooperate. It revolved around the Canal Crossing condominium development in Chinatown.
*** UPDATE *** WBEZ…
Lawyers suing scandal-scarred Commonwealth Edison on behalf of the power company’s customers are accusing a consumer-advocacy group of serving as “ComEd’s lapdog,” court records show.
But the Citizens Utility Board says that is not fair — and CUB has now taken legal action itself to try to win back money for the roughly 4 million homes and businesses served by ComEd across northern Illinois.
State officials created CUB 37 years ago to act as an independent watchdog for customers of the power company and other state-regulated utilities.
Lawyers in a class-action suit in Cook County Circuit Court allege CUB instead is trying to shield ComEd, which has admitted to bribing Illinois politicians as it won electricity-rate increases and other lucrative legislation in Springfield during the past decade.
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Question of the day
Friday, Nov 13, 2020 - Posted by Rich Miller
* The Illinois Farm Bureau was quite active in the battle against the graduated income tax…
Illinois Farm Bureau President Richard Guebert Jr. described how Illinois farmers and rural residents will suffer if voters approve a state constitutional amendment in November.
During a virtual press conference Tuesday, Guebert joined three other organization leaders of a statewide coalition against the Progressive Tax Amendment.
“After seven years of a depressed farm economy, we don’t need another tax increase,” Guebert told FarmWeek. “It’s hard enough to keep the bills paid and to be as profitable as possible.”
The proposed tax only applied to income above $250,000, so economically depressed farm-owners wouldn’t pay an extra dime, but you already knew that.
* More…
“The new tax structure is supposed to pay for our public schools, social services, public safety, and the list goes on and on,” [Guebert] wrote. “However, we know it will be spent in two places: our state’s exorbitantly high pension costs and debt obligations. The government created these two problems, not us taxpayers. We, taxpayers, have done our jobs; we are law-abiding, taxpaying citizens. We should not have to pay to fix the politicians’ mess.”
* As long as we’re talking about taxpayers, farmers get a ton of tax breaks.
Let’s start with their sales tax exemptions. Inputs like seeds, fertilizer and livestock feed and stuff like, um, bull semen, are exempt from sales taxes (click here.) Farm chemicals, farm machinery and equipment, all-terrain vehicles, repair or replacement parts and leased leased equipment are also exempt from taxation (click here).
State property tax law…
Most property is assessed at 33 1/3 percent of its fair market value.
Farmland is assessed based on its ability to produce income (its agricultural economic value). A farm building is assessed at one-third of the value that it contributes to the farm’s productivity.
There are even lower rates for other types of farmland (click here).
* The Question: Should the state end its agriculture tax breaks? Explain your answer in comments, please.
[Poll has been removed because it’s obviously being manipulated.]
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* Wheaton…
* Press release…
November 12, 2020
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS 219 SOUTH DEARBORN STREET CHICAGO,ILLINOIS 60604 NOTICE OF PARTIAL TEMPORARY SUSPENSION OF IN-COURT PROCEEDINGS
Dear Dirksen Courthouse and Roszkowski Courthouse Occupants:
In the last several days, there have been marked increases in the numbers of positive COVID-19 test results and hospitalizations in the Northern District of Illinois. Yesterday and earlier today, Illinois Governor Pritzker and Chicago Mayor Lightfoot responded by issuing advisories and recommendations for restrictions on travel and in-person gatherings. As you have seen in many recent letters from me, our court is not immune from the Coronavirus. A number of employees, visitors, and security personnel have tested positive.
Together with the District Court’s Executive Committee and the Restart Task Force, I am ordering restrictions on activities in our courthouses as follows: Effective at 4:30pm on Friday, November 13, 2020, the Clerk’s Office in Chicago and Rockford will close to in-person assistance until Tuesday, January 19, 2020. Clerk’s Office staff will accept filings via CM/ECF, e-mail, mail or the drop box in the lobby of the Courthouses. In addition, beginning Monday, November 16, 2020, all civil case proceedings will be held virtually. Jury trials will remain suspended until after January 19, 2020. To limit the number of individuals in the Courthouses at any time, all hearings in all civil cases will be conducted virtually, either by either via phone or video. We are drafting an order confirming these restrictions with a greater level of detail and will issue it shortly.
* And yet Crain’s Chicago Business just published this bonkers crackpot column today…
It’s time for the governor to take a new approach that allows businesses to reopen fully. The people of Illinois must be allowed to return to their jobs so that they can begin the difficult task of rebuilding their lives.
Yep. Let’s start by getting those quarantined Springfield firefighters back on the job!
* Amdor takes a look at the author…
Just totally irresponsible and ridiculous.
* Crain’s editorial board, maybe…
…Adding… Maybe Crain’s should completely cave and hire this guy full time…
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* Pearson…
Democratic U.S. Rep. Lauren Underwood won her bid for a second term Thursday, narrowly defeating Republican challenger Jim Oberweis in the west and north suburban and exurban 14th Congressional District, The Associated Press declared. […]
It was the second time Oberweis, 74, failed in a bid for the seat, losing in 2008. It joins a string of losses at the federal level for the investment and dairy magnate that included unsuccessful bids for the U.S. Senate in 2002, 2004 and 2014. Oberweis also lost a 2006 bid for governor and was unsuccessful in a past bid for the state GOP chairmanship.
As a result of his bid for Congress, Oberweis could not seek reelection to the state Senate seat he has held since 2013. Jeanette Ward, a Republican seeking to replace Oberweis in Springfield, conceded her race against Democrat Karina Villa.
This was actually the third time Oberweis lost a 14th Congressional District race. This year, the 2008 general election and the 2008 special general election on March 8. The special was prompted when Denny Hastert resigned from Congress. It was the first time a Democrat had won the seat since the Great Depression.
*** UPDATE *** Sigh…
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