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*** UPDATED x1 *** Illinois Sheriffs’ Association: “It is outrageous that the Governor is threatening retaliation”

Thursday, May 14, 2020 - Posted by Rich Miller

* From Gov. Pritzker’s news media briefing today

Will the state take any additional steps to enforce the stay at home order now that more county sheriffs are refusing to step in?…

    You’ve heard us talk about that yesterday. So the answer is, I’d refer everybody to what I said yesterday about the fact that not only should people follow this, but there will be consequences. Also know that there were leaders in the legal community this morning that spoke about the challenges that will be brought to those local law enforcement to local governments and to businesses that are open, because they’re putting people at risk, they’re making their communities unsafe, and they’ll be subject to liability as a result.

* Illinois Sheriffs’ Association…

Illinois Sheriffs have been elected by their local citizens to keep their communities safe, a trust that every sheriff and sworn law enforcement officer holds dear. It is outrageous that the Governor is threatening retaliation against these leaders and the men and women of their offices. He is insulting heroic police officers, corrections officers and local voters.

*** UPDATE *** The Association’s president is Wayne County Sheriff Mike Everett. That’s the home of Fairfield’s Barb Wire Grill.

  59 Comments      


House Democratic Women’s Caucus wants election day to be a state holiday

Thursday, May 14, 2020 - Posted by Rich Miller

* From the House Democratic Women’s Caucus…

Speaker Madigan:

The House Democratic Women’s Caucus has established an elections work group, chaired by Representative Katie Stuart, with members Representative Carol Ammons, Representative Deb Conroy, Representative Terra Costa-Howard, Representative Eva Dina Delgado, Representative Mary Edly-Allen, Representative Robyn Gabel, Representative Jennifer Gong-Gershowitz, Representative LaToya Greenwood, Representative Diane Pappas, and Representative Ann Williams. As we prepare to return to Springfield and vote on legislation that will impact the 2020 General Election, we request to be included in discussions about any legislation and that our suggestions be considered for inclusion in any bill.

There is much discussion about Illinois adopting a mandatory vote-by-mail (VBM) program; however, with less than 6 months to go, it has become clear that our election authorities are neither equipped nor financially able to mail a ballot to every elector. However, there are many steps we can take to encourage and facilitate greater participation in VBM and early voting for this upcoming election while we continue to work toward a statewide VBM program. In the meanwhile, the House Democratic Women’s Caucus has designated a top priority for the General Assembly to consider the for the 2020 General Election:

Make Election Day a state holiday​. This requires all government and schools to close on November 3rd​ for the election. This allows election authorities the ability to use the schools. The bill can include language that subject to availability of federal funds, election authorities can seek reimbursement from the State Board of Elections to cover the costs of deep cleaning the facilities.

In addition, the Caucus suggests the General Assembly also consider the following changes for the 2020 General Election. The items below have been identified as high priority by the members of the Caucus, as such, should we not be able to have them included in legislation for our return next week, they will remain as priority items for our caucus and we request they be considered during subsequent sessions.

    1. Require election authorities to send applications to individuals who have previously participated in an election. ​Any person who has requested a ballot, whether in person or via VBM, in the past X elections will be sent an application.

    2. Conduct a campaign to encourage VBM.​ Require State Board of Elections (SBE) to do follow up mailers to those who received applications, those who newly register, and those who interact with the State. Another idea is to require state agencies to include language encouraging people to register to vote and vote prior to election day, either by mail or in person.

    3. Allow new registrants to automatically request a VBM.​ This saves a step for new registrants. It requires the SBE to include a checkbox on the online registration form and transmit to the election authority (this should not be difficult).

    4. Allow for curbside voting.​ Give election authorities the ability to assign 2 election judges to go to a car and allow a person to vote, typically via VBM. This will ensure people who cannot physically go into a polling location have a chance to vote, and provide a safety net in the event in person voting on election day becomes too dangerous.

    5. Allow people to begin submitting applications for VBM now.​ Under current law a ​person cannot apply until August 5​th. If we expedite the beginning, we have more time to urge people to apply for a VBM and more time to track down those who haven’t applied for a ballot.

    6. Give DPH or local health departments authority to establish safety rules for in person voting.​ The bill can include language that, subject to availability of federal funds, local public health departments or election authorities can seek reimbursement for costs associated with providing PPE or cleaning supplies to election authorities.

    7. Clarify that election authorities can begin processing, but not tabulating, VBM ballots before Election Day.​ Clarify that Section 19-8 allows election authorities to take all steps necessary to prepare and process returned VBMs, except actually tabulate the vote. The purpose is to make it clear they can conduct as much of the process in advance, without disrupting the integrity of the final ballot.

    8. Allow election authorities to establish an election day voting center that would permit any elector to vote. ​This would be an exception to the in-precinct voting rule but provide a possible backup if a polling location is closed or lines are too long.

    9. Require a panel of 3 election judges to review each VBM and require 2/3 in order to invalidate any VBM. ​This ensures both political parties have someone reviewing and signing off on any rejections. The language could establish a presumption that the VBM is valid unless it clearly lacks the requirements (​e.g.​ no signature, already voted)

    10. Create an election judge recruitment program​. Create a program that encourages people to serve as election judges in the hopes we can fill the various spots and keep older, more vulnerable individuals from having to serve as judges. A few things that can be included, all limited to the 2020 election: (1) allow anyone 16 or over to serve as an election judge; (2) require high schools and colleges to provide notice to students of the opportunity to serve as an election judge and encourage participation; (3) require IDES to provide notice to any individual collecting unemployment of the opportunity to serve as an election judge during the early voting period and on election day; (4) require businesses to give employees serving as election judges paid leave paid leave to serve as election judge; (5) require constitutional amendment booklet to include notice about voter registration, requesting a VBM, and serving as an election judge.

The House Democratic Women’s Caucus intends to be active over the coming months and will be providing the public with information about the 2020 General Election. We look forward to working with you and your staff as we move forward.

Thoughts?

  24 Comments      


Don’t believe everything you read

Thursday, May 14, 2020 - Posted by Rich Miller

* Madison - St. Clair County Record

State police stormed a Carlyle bar and shut it down on May 8, according to a complaint challenging Gov. JB Pritzker’s virus order.

Dookie’s Set sued Pritzker in Clinton County court on May 11, asserting that he didn’t identify his constitutional power to seize control. […]

In the complaint for Dookie’s, [attorney Thomas DeVore] alleges that deeming the bar a health risk was arbitrary and capricious.

He wrote that at no time did the local health department investigate Dookie’s regarding suspicion of contamination with any infectious disease. […]

He wrote that before 1 a.m. on May 8, “eight armed Illinois state troopers stormed Dookie’s premises.”

“When one of the state troopers curtly asked Dookie’s why it was reopening in violation of Pritzker’s order, the owner told the trooper he needed to feed his family,” he wrote.

“At no time prior to storming Dookie’s premises did the state police advise the Clinton County sheriff’s department of its intentions.”

* I checked in with the Illinois State Police…

On May 8, 2020, ISP District 11 was notified by the Clinton County Sheriff’s Office that the Dookie Set located in Carlyle, IL was open and operating. ISP responded to the business and took the approach that ISP has taken consistently throughout this crisis – talking with the owner about the importance of the executive orders in protecting the public health by preventing the spread of COVID-19. ISP provided the owner with documents, including a cease and desist order.

In responding to calls about open bars, ISP works with the Illinois Liquor Control Commission which has authority to take action on the state liquor license of an establishment found to be unlawfully operating. The ILCC’s cease and desist order affords a licensed liquor establishment the opportunity to come into compliance before the ILCC moves forward with due process which, in this type of instance, could include imposition of a fine, or revocation or suspension of the establishment’s state liquor license issued by the ILCC.

The ISP will continue to act as community caretakers, working to educate citizens and businesses about the critical importance of the Stay and Home Executive Order in preventing the spread COVID-19 and urging voluntary compliance. While the goal is voluntary compliance, citizens should be aware that non-compliance with the Executive Order can result in criminal and civil sanctions.

So, they didn’t come storming in without notifying the county sheriff. And of course they were armed. They were on duty. Who would expect otherwise? Also, this was about the liquor commission, not the public health department.

* I hope this guy doesn’t get anyone hurt…

Just truly stupid advice.

* On a lighter note, here’s a gift idea for Eastern Bloc members as they prepare to return to session next week

  41 Comments      


Pritzker talks unemployment insurance - As of right now, all regions are meeting guidelines to move forward to Phase 3 - Explains regionalization approach - Restates possible licensure and legal consequences - Says Leader Brady demand “sounds like grandstanding” - Brady responds - Answers “loaded” question - Explains rolling averages - Business guidance coming in next two weeks or so - Dr. Ezike comments on 12-year-old boy who died - Dr. Ezike says she has no info on reopen protesters catching virus - Dr. Ezike says people can refuse hospital admission - Asked about hospital rumor - Pritzker says he’d like to go to Springfield, but waiting on medical sign-off - Dr. Ezike explains that increased testing will result in increased cases - Dr. Ezike says woman who gave birth and died after being sent home a “significant tragedy” and vows probe - Dr. Ezike comments on WHO official claim that virus may never go away - Dr. Ezike explains mental health treatment options - Governor talks budget process moving forward - Revenue projections have not changed “a whole lot” - Could be population shift, but maybe not because of virus - Believes EO is on solid legal footing - Explains why Illinois has 28-day metric - Praises Catholic Church reopening plan, is working with other denominations - “It’s just the very loud voices of people who are being defiant and ignoring science and data”

Thursday, May 14, 2020 - Posted by Rich Miller

* The governor started with an update on unemployment insurance. Click here and scroll down to the update for more info.

On to questions. On the IDPH website as of today, all regions are currently meeting the state’s metrics to move to the next phase of reopening May 29, I believe, obviously, this might change, but can you confirm that that is the case, including the Northeast Region?…

Every region is so far meeting all the metrics. Remember that they need to go through a time period and there needs to be an averaging of those metrics during that time period. You can see all the metrics on the IDPH website, but that is true and that on the website you can see that Chicago and the region surrounding Chicago has now dropped dropped below 20%, in terms of positivity rate and that’s a gating factor for moving into the next phase.

Remember to pardon all transcription errors.

* Why should counties and cities, they feel as if they’re being punished by being lumped in with Cook County. The Suburbs want to separate. I’ve spoken to several mayors, we’ve also seen several law enforcement, Kane county a couple of different counties are saying they’re going to ignore the rules, what any wiggle room any tweaking of the plan to let some of these regions perhaps be redesigned?…

You know the last question sort of begins to answer this question. The answer to the last question does anyway you can see that every region is poised, if it maintains the metrics that attempt now to move into phase three in a few short days, I mean literally we’re talking about 14 days. So I think it’s useful though to note that, look, you could have drawn regions in virtually any which way and I’ve said it before, but I want you to pay attention to the reason that we drew the regions, as we did.

Start with the fact that people who live in one area don’t necessarily stay in that one area the entire time. They travel outside of the county that they’re in or the city that they’re in and the immediate area and they do that frequently and so we had to account for that as we were drawing regions. Secondly, IDPH uses 11 EMS regions. We asked our medical teams to kind of give us their feedback about how the regions interact with one another and, when they need to move around resources and how do those regions interact. They came back to us and told us that these are the pairings of regions and that worked well together. And then finally, there’s almost any way to draw this map, there are people you know who live in one area who say, Gee, I don’t know anybody who’s been who’s contracted COVID-19, and therefore, you know, my little area should be led out of some region. But the reality is this is about healthcare resources and making sure that if something bad happens like a surge. [And then his wifi cut out.]

* Will the state take any additional steps to enforce the stay at home order now that more County Sheriff’s are refusing to step in?…

You’ve heard us talk about that yesterday. So the answer is, I’d refer everybody to what I said yesterday about the fact that not only should people follow this, but there will be consequences. Also know that there were leaders in the legal community this morning that spoke about the challenges that will be brought to those local law enforcement to local governments and to businesses that are open, because they’re putting people at risk, they’re making their communities unsafe, and they’ll be subject to liability as a result.

* Leader Brady from Bloomington is asking for perhaps a meeting to sit down, wants to have hearings wants to play a role in the Restore act, a public hearing….

Well, as you know, not only am I isolated right now because of the COVID-19 positive case in our office, but nobody is really getting together in groups of 10 or more. It’s against our stay at Home Rule. And so I’m very happy to have conversations with members of the opposite party, and with members of the General Assembly. And I’ve been doing so every single day. Indeed, Leader Brady has my number, I speak with him quite frequently. So there’s no lack of communication. He knows where I stand, I’ve answered questions, my staff has answered questions. His members have had, we’ve you know responded by giving data and information whenever asked so not sure what he’s missing out on. It sounds like grandstanding to me.

…Adding… From Leader Brady…

My caucus and I take the lives of our residents, and their livelihood, seriously. The public has a right to know how the decisions impacting their lives are being made. This is not about grandstanding; this is about transparency.

* Amy Jacobsen WIND radio says more and more county leaders and local mayors are disregarding your plan to reopen or moving ahead with their own plans. You and Mayor Lightfoot are threatening to use force to ensure compliance, but at the same time, you’ve released 1000 inmates from prison including 64 convicted murderers. Do you see the disconnect between these two positions? And with the cases in prisons leveling off, will you then be returning those inmates?…

Well that’s a loaded question if I ever heard one. Let’s start with this. Nobody is, you know, sending police forces in to break up activity across the state. What we are doing is enforcing, using lots of different methods by enforcing using our licensing capability and our ability to pull licenses for businesses. We’re using our ability to make sure that that you know the towns that are following this and funded properly and those that don’t, don’t. And so there are lots of ways in which we can enforce we will continue to work on that enforcement. And we would just once again suggest I would suggest towns and leaders elected leaders do your job. Lead. Be the person that they elected, who is supposed to be protecting your community, don’t fall prey to the rhetoric that’s out there that says oh let’s just open up this virus doesn’t affect anybody like me. You’re wrong.

* Are the requirements for favorable positivity rates for 14 days and hospital admissions for 28 days ironclad. In other words, in the midst of this. There is one bad day, does it do reset the clock to zero, or do they have to go another 14, or 28, without a hitch [the reporter should check the IDPH website, but whatevs]…

You can. There can be days and there are days in which the other metrics are above or inaccurate or above the caps that are set. This is about averaging over a period of time in a given region. If there is a county with bad numbers, will it go ahead and move to the next phase, with its fellow counties in that region. In other words, let’s say Scott County, had a really bad potential positivity rate, but the rest of the central region was okay with Scott go ahead and move up because it is included in the region with the better numbers. Remember that this is about health care regions and the availability of health care. Look at each of those metrics. You’ll take note of what we were attempting here. And so I would just remind everybody that, yes, there will be some areas that will be a bigger hotspot than another area within a region. We didn’t want to hold back a region because there’s one hotspot. What we do want to do is make sure everybody in that region has access to healthcare. Remember, in addition to the COVID-19 patients go into hospitals, we also have people who have heart attacks, people who have gunshot wounds. People have other medical needs that need to go in the hospital so we’re trying to make sure that healthcare is available to everybody, even while so many people are being hospitalized for getting sick from COVID-19.

* Businesses looking to open at the end of the month for your phases need to know what the guidance will be. When will that guidance be available so that they can notify suppliers what goods and [garbled] they need to open?…

So we have been working with industry leaders across the state, industry leaders in each of the many industries that exist in the state of Illinois. We’ve also asked industry to provide us with their best ideas about how to keep our patrons and their employees safe. And so all of that is being worked on now and we’ll certainly probably over the next two weeks or so be releasing the information that will be useful to people in each and every of those industries and where there might be something unusual situation that’s unique. Perhaps we want those people to come forward and seek guidance and IDPH will provide.

* A 12 year old Chicago boy is the youngest to die from COVID in Cook County, did have underlying conditions. Any advice for parents who may be concerned when they hear this news?…

Dr. Ezike: I’m sure every parent, everybody in Illinois is saddened to hear this news. Of course every, every life loss is a tragedy, but it is somehow just more emotional when it’s a child just at the beginning of their life. I know that there’s no way that we can predict who will have some of these most severe outcomes. I just, I think that’s why we’re trying so hard to work on the prevention and just try to limit the amount of people that get infected. Please remember that this is a continuum. We know the virus is there, we can’t change it or we can affect the number of people who can’t track the virus and that’s why staying at home. It does save lives in itself, it buys us time to learn more about this disease, and to hopefully find some cures buys time to have a slower rate of infection so that more people might have antibodies, we really just want to slow the progression down and that means slowing the death. I can’t do anything to necessarily stop every death but you can’t blame us for trying, and I again for parents out there again, the same methods, stay at home as much as possible. If you’re out please try to maintain the social distancing the physical distancing the six feet, wear a mask, clean frequently touch surfaces. Don’t forget about the emphasis on washing our hands for at least 20 seconds with soap. If using hand sanitizer is a percentage of at least 60% alcohol, all of these things will help decrease the number of fatalities that we will see, they sound mundane, but they are tried and true and will work.

The next question had a bad audio connection and the answer was too garbled to post. Sorry.

* Is it true there are confirmed cases of COVID-19 tracked back to the recent open up Illinois rally at the Thompson center. Does anyone know if that is correct?…

Dr. Ezike: I don’t have that information but I can try to see if I can assemble that for tomorrow if that is no.

* Hospital staff have told him that a number of cases where individuals who tested positive refused to be admitted, despite urging, what is the protocol?…

Dr. Ezike: We cannot force individuals to be hospitalized. People can refuse hospitalization just like they can refuse to be transported, even when 911 is called. If someone wants to leave the hospital in the middle of their stay, they can leave against medical advice. So again, I want to say that they would still continue to be tracked by the local public health department in terms of following up on symptoms, we would still do the contact tracing to identify people who they may have been in contact with it that hasn’t been done, but we can’t keep people in the hospital against their will.

* Is it true that Chicago hospitals originally plan to take down their drive up testing temps. They’re now changing that plan because there has been an uptick in cases…

Dr. Ezike: I cannot speak to that. I don’t have that information.

* Can you clarify some statements you made yesterday about looking forward to meeting up with legislators in Springfield. When is your self isolation over, how will you meet with the leaders and do you plan to get another test before you go?…

Well right now my staff and I are isolating is at home as you know and we’re working with IDPH to determine how long we have to do this.

I’d like to return to Springfield, probably, mid late next week for the opportunity to be there during session. But I just need to get sign off from the experts, from the doctors.

And what would that look like would you be in your governor’s office and would people be coming in or would it be zoom meetings, how do you envision that?

I think, you know, I’d be taking the same precautions that I generally do during this pandemic. I’ll spend time in my office. I’ll sleep overnight at the executive residence. So, it’ll be I think reasonably, or at least you know those two locations are reasonably well known to everybody, where I would spend time so you know that’s where you’d find me.

* As of yesterday we were about to surpass Queens County as the worst. The most cases nationwide. Just checking in, if we did surpass that and also if there’s any lessons to be had from Queens County since they’re kind of going on a downward trajectory now…

Dr. Ezike: I just want to make sure that everyone is clear how that has happened, increasing our testing. No one in the country has captured all of the cases of COVID-19. You have captured cases for which people have been tested and not everybody has been tested so I think it’s a credit that we have been able to ramp up testing throughout the state. And this is getting us closer to actual numbers but it’s falling, far, far, far below the actual numbers. We obviously want to promote testing, we want to get as many people tested as possible and to do that we have to keep ramping up our capacity, again, recall that less than two weeks ago we were testing about resulting about five seven specimens per day. And recently, we’ve had several days over 20,000. So that’s a significant jump, which appropriately has resulted in a significant increase in the number of cases identified. I don’t want to get that point lost that the number of cases that we’re identifying is proportional to the number of tests, and we’ve increased our cases because we’ve increased the amount of testing we’ve done and we hope to keep doing that. So you actually will see more cases because we will continue to ramp up our testing.

* A black Chicago mom with the COVID-19 diagnosis was sent home with her newborn and died soon after. With black maternal death rates in this country already alarmingly high what can be done prevent another tragedy like this from happening? Will there be an effort to ensure that all expectant mothers not only be tested but provided care if they’re found positive?…

Dr. Ezike: That is obviously, it’s a significant tragedy. Any case of maternal mortality is something that is thoroughly investigated as part of our maternal mortality review committee. We know that we have a high rate of maternal mortality and that is one of the thrusts of the public health of our agency that we have a very robust review committee. We’ve put out a landmark study paper that we put out a year, I think, October of 19, and we are looking forward to putting out the next one in short order. This is an important issue that we are addressing, while COVID is going on that’s another issue that public health has to continue to address in terms of maternal mortality rates of maternal mortality in in communities and mothers of color.

* A World Health Organization doctor said today coronavirus is not going anywhere and may end up being something like HIV, that we will have to live with. They also want the mental health crisis linked to [garbled]. What do you think of this assessment, is it possible that phase five will happen with the virus still among us?…

Dr. Ezike: We will have to see. Again we’re taking this slowly. I think it’s maybe under appreciated what we’re saying when we call this a novel Coronavirus. We don’t exactly know all the characteristics of this virus we’re dealing with. Of course, there’s search, and we’re learning from what cases have been seen around the world. We’re learning from the cases that we have even here, stateside. But as we learn more again this new pediatric inflammatory syndrome is being appreciated newly so there are new things that we find out almost every day, just two weeks ago the CDC added some additional symptoms that seemed to be coming up with increased frequency to suggest that they should be included as symptoms when you think about this a little bit, 19, we see that potential potentially in pediatric cases, they might have a different presentation, there might be more vomiting and diarrhea so again we are learning as we go. And so we need to have that time to be able to learn. So being able to forecast and project. A too far ahead is difficult. We’re trying to use the best information we have coupling it with information that we have from other viruses that may be similar, but even viruses in the same family of the SARS virus the MERS virus, those have shown quite different syndromes quite different, infectivity quite different fatality rates. So again we are trying to get as much information as we can and that’s why we have to follow the science and keep learning to make the best informed decisions that we can.

* You’ve talked about this before but people are getting angry people are sad there’s all sorts of emotions going on. Is there anything that you can tell people in Illinois, any sort of advice of how people should be coping through this crisis?…

Dr. Ezike: Again, this is an unprecedented situation, not just in terms of amount of lives lost in this very short period of time, but for those who are living, the the this complete disruption of their life. And for many their actual livelihoods, people are experiencing this virus in very different ways, and I am the first to to acknowledge that someone who’s sitting at home and trying to shelter in place but it’s still getting a paycheck is not at all in the same situation as someone who’s sitting at home, who’s not getting a paycheck, and is worried about paying their car note or their, their apartment rent or other bills or fighting for their family so the mental health toll that that will take that that is taking is significant and you know there are some supports that are available through the state, we have hotlines that are available we have some resources on our state websites. We’re hoping that people are able to connect with others not physically, but if there are no phone calls, if there are virtual connections we hoping that people are using the electronic methods that we’re becoming more familiar with, to be able to connect with people, tele health and tele mental health, being able to use this for telepsychiatry. That is a very effective method of still getting the help that is needed. I think telehealth lends itself very well to dealing with mental health issues. And so I’m encouraging people, whether they want to seek help from a from a psychiatric provider a mental health provider a social worker, if they want to reach out to people in their faith community, please avail yourself of all of those options because it is a real thing. This is causing a mental health strain on many people and some people much more.

* You’ve talked about this before but people are getting angry people are sad there’s all sorts of emotions going on. Is there anything that you can tell people in Illinois, any sort of advice of how people should be coping through this crisis?…

Again, this is an unprecedented situation, not just in terms of amount of lives lost in this very short period of time, but for those who are living, the the this complete disruption of their life. And for many their actual livelihoods, people are experiencing this virus in very different ways, and I am the first to acknowledge that someone who’s sitting at home and trying to shelter in place, but it’s still getting a paycheck is not at all in the same situation as someone who’s sitting at home, who’s not getting a paycheck, and is worried about paying their car note or their apartment rent or other bills or fighting for their family. So the mental health toll that will take that is taking is significant and you know there are some supports that are available through the state, we have hotlines that are available we have some resources on our state websites. We’re hoping that people are able to connect with others not physically, but if there are no phone calls, if there are virtual connections we hoping that people are using the electronic methods that we’re becoming more familiar with, to be able to connect with people, tele health and tele mental health, being able to use this for telepsychiatry. That is a very effective method of still getting the help that is needed. I think telehealth lends itself very well to dealing with mental health issues. And so I’m encouraging people, whether they want to seek help from a from a psychiatric provider a mental health provider a social worker, if they want to reach out to people in their faith community, please avail yourself of all of those options because it is a real thing. This is causing a mental health strain on many people and some people much more.

* I have a couple of questions about the positivity rate, and I would just like to say as a reporter I think that a lot of people don’t understand what it is, and how it’s being equated what I was told is that it’s on a seven day rolling basis, is there just a good explanation to everybody to understand the positivity rates of the regions…

They can find that on a daily basis. It’s on the IDPH website. You can take a look at the positivity rates for each region. And again it’s, the goal here is to keep it below 20%. Now, as of today every region is currently on track to do that there’s a rolling time period. 14 days for measuring that. And so that’s a, it allows us to make sure that, again, that we’re not experiencing a major surge. So that’s the purpose of that positivity rate.

People don’t understand at the north, I guess in the Northeast Region without a lower than 20% rate, just they’re trying to understand the clock the process…

It’s essentially a rolling average 14 days for the positivity rate and as it happens, the Northeast region was the only region. That wasn’t meeting that metric for a number of days going back. Back to May one. Now, as I have seen as you can see, it’s below 20% on a rolling 14 day basis. And I think overall if you look at the trend trend for the state and the trend for that region is downward. So I think that’s a very good sign that as of the end of a 28 day period on May 28 the end of May 28, that it’s highly likely that on that metric, the Northeast region as well as the other regions will meet that mark and then you know you’ve got to look at the other marks. But it looks to me like they’re all on track to meet the other marks to move into phase three.

* We’re hearing other states and cities tell school districts they need to start revising down their budgets for the next school year, we have not heard that in Illinois. Why?…

There’s going to be work on the state budget that’s done, there’s already been a lot of work by the working groups in Springfield, or that are in the General Assembly rather, and my administration has interacted with those working groups so our hope is though that we’re going to get kind of a unified voice, the need for federal support for the state, and in particular state of Illinois. I hope that Republicans will step up, people in the General Assembly elected officials, Republicans will step up and advocate for the state with their Republican colleagues in Congress, both in the House and in the Senate. Even in other states, hearing from Republicans maybe Republican senators will respond better than hearing from Democrats and we really should speak with one voice on this to the federal government. But all of that will have an effect on whether or not we’re able to fully fund schools to meet the evidence based funding, so that you know we all want to meet. And the schools so that they’ll be ready for the fall. So that’s one of the reasons why you haven’t heard a call for massive reductions, is because we’re right in the zone here where the House of Representatives voting on a package the senate considering that packages in the General Assembly in Springfield meeting next week, it all is happening in just a few week period, we’ll know much more in the next few weeks.

* How has your revenue projections for the fiscal year 2021 changed since you provided an update last month?…

The revenue projections have not changed a whole lot. There were, there are adjustments to our assumptions. With regard to costs around Medicaid, for example, that have adjusted but the revenue projections for 2021 really changed a whole lot. Remember, we projected a fairly significant downturn. And so that’s what the budget making processes considering.

I’ll take note that, that Tina just called on her colleague from a rival Chicago newspaper, which I think shows a lot of character on her part.

* Looking past the worst part of the pandemic, do you get a sense we’ll see a population shift from big cities like Chicago to smaller communities that aren’t a petri dish for COVID-19 and other viruses?…

It’s a great question Shia. I haven’t considered that, but I must say that there has been an overall trend, or at least a belief that there will be a trend of population movement from urban areas toward suburban and exurban and rural areas over time, in part because of the expansion of broadband. Of course we’re doing a lot of work on here in Illinois and our rebuild Illinois program infrastructure program invests $420 million in running broadband everywhere. So I think that will be the thing that really moves people, and less so worry about a future pandemic. I think at the moment, we’re in this moment where people aren’t going to move around I don’t believe the midst of this phase three phase four, hoping to get to phase five relatively quickly if we can. But I do think there’s a trend in the direction that you’re describing I just think it may be for other reasons.

* Do you have any concern the Illinois Supreme Court will follow the lead of Wisconsin and strip you of your stay at home powers?…

I don’t think so, we’re well within the laws that exist in Illinois to have a disaster declaration. And if there’s an ongoing disaster ongoing emergency, Illinois, as there is nationally and has been declared nationally we’ll continue to work within the law to make sure that we’re keeping people safe.

* In as few words as humanly possible, can you please explain the science behind why Illinois, unlike almost anywhere else, uses a 28-day hospitalization metric, instead of a 14 day metric? Thanks in advance for brevity and succinctness…

Thanks for the advice, Rich. Remember that the phase that we’re in, phase two, began May 1, many changes as a result of the fact. So as a result of the need to move into a new phase, you make changes from one phase to another. It means that we have to take a measure of how we’re doing within that phase so that we don’t have a surge that will overcome our healthcare system.

I will add that our plan only requires stabilization of these metrics, unlike the plan put out by the White House, like plans that were proposed in other states require 14 days of downward movement. Ours only requires stability. And if you look across the board in the state, we are, roughly speaking, the stable, moving downward, likely that we will move into phase three in a shorter period of time under the metrics that I put forward and not under the metrics that the White House put forth.

* Can you speak to the reopening plan your office has reached with the Catholic Church? Have any other denominations reached out to perhaps similar plans?…

Well the Catholic Church developed their own plan that fits well within the requirements of the stay at home order that we have in place. And talking about their plans, with regard to phase three also fits within the restore Illinois plan. So, we advised them when they asked us for our advice and that was it. And I’m actually very pleased, I think they did an excellent job with a plan that they put for their churches. Other church leaders have also reached out and we’ve tried to provide guidance. Each one has a different set of concerns about the rituals of their particular denomination. And so we’ve provided the advice from our Department of Public Health.

* Some businesses and regions including Southern Illinois and a county or local officials, health departments should make decisions about whether they should open not the state or the governor. Who has the authority or who should have the authority now the county or the state?…

While we’re under a pandemic, globe-wide pandemic and emergency disaster declaration, there’s a reason why those exist in the law. That’s because you want to make sure that we’re marshalling all of our resources as a state, dealing with something this large. And so, it is important that the state set ground rules that the executive orders, under the existing law set the ground rules for us in order to deal with it. And guess what, [the curve] is flattening and that didn’t just happen by accident. It happened because we put executive orders in, and people have followed those orders. So I would just suggest that, for now this is working. People need to follow it as we move into phase three and phase four. Very important that we not over burden our healthcare system that we keep people safe.

And, of course, it’s my goal for us to get back to normal. I want you to know for every region to everybody in the state of Illinois, to be doing precisely what they’d like to be doing right now, but we are facing a very difficult circumstance.

One last thing to say, officials have been very collaborative with us, the local County Departments of Public Health, many of the county board chairs across the state and mayors. It’s the loudest folks that you’re hearing from and not the vast majority of the people in almost 1300 municipalities that exist in the state, or the hundred and two counties. It’s just the very loud voices of people who are being defiant and ignoring science and data.

-30-

  48 Comments      


3,239 new cases, 138 additional deaths

Thursday, May 14, 2020 - Posted by Rich Miller

* Press release…

The Illinois Department of Public Health (IDPH) today announced 3,239 new cases of coronavirus disease (COVID-19) in Illinois, including 138 additional deaths.

    Coles County: 1 male 60s, 1 female 80s
    Cook County: 4 males 30s, 1 female 40s, 2 males 40s, 3 females 50s, 10 males 50s, 4 females 60s, 13 males 60s, 4 females 70s, 10 males 70s, 1 unknown 70s, 9 females 80s, 15 males 80s, 11 females 90s, 1 female 100+
    DuPage County: 2 males 70s, 3 females 80s, 3 females 90s
    Jefferson County: 1 female 90s
    Kane County: 1 male 30s, 1 female 60s, 1 male 70s, 1 male 80s, 2 females 90s
    Kendall County: 2 females 80s
    Lake County: 1 male 60s, 2 females 80s, 2 males 80s, 2 females 90s, 1 male 90s
    Lee County: 1 male 50s
    McHenry County: 1 female 60s
    Sangamon County: 1 male 70s
    St. Clair County: 1 male 50s, 1 male 80s
    Wayne County: 1 male 80s
    Will County: 1 male 40s, 1 female 50s, 1 male 50s, 1 female 60s, 3 males 60s, 1 female 70s, 3 males 70s, 2 females 80s, 2 males 80s, 1 female 90s, 1 female 100+

Currently, IDPH is reporting a total of 87,937 cases, including 3,928 deaths, in 99 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 22,678 specimens for a total of 512,037. The statewide 7-day rolling positivity rate is 17%

* Dr. Ezike

As of last night 4473 people are reported to be in the hospital with COVID-19. Of those, 1132 patients were in the ICU and 689 patients were on ventilators

  16 Comments      


Question of the day

Thursday, May 14, 2020 - Posted by Rich Miller

* Wellness check! How are you and yours holding up?

  40 Comments      


COVID-19 roundup

Thursday, May 14, 2020 - Posted by Rich Miller

* Co-sign…


* The Tribune talked to several people about the state’s response to nursing homes. It boils down to these bullet points

Gear: The state has said that — despite nationwide shortages — it’s provided county officials with personal protective equipment to cover the needs of nursing homes, and even begun direct shipments to facilities. But workers and homes have said they lack consistent supplies.

Staff: The industry, fearing it will run critically low on workers, asked the state weeks ago to create a new work corps, even prepare to call in the National Guard. The state has loosened hiring regulations but said facilities are responsible for their own staffing.

Metrics: The state doesn’t ask each facility to report each day on staffing levels or gear supplies — something advocates are pushing for nationally. Illinois officials say they’re looking to improve the process. Illinois does require facilities to report COVID-19 cases to health officials, but the information that the state provides publicly about cases at homes can be tardy or inaccurate.

Inspections: The state can inspect facilities for infection-control violations, but the City View case shows that the bar to dispatch inspectors can be high. Mostly, regulators offer long-distance guidance, saying that approach best ensures rules are followed across the state. Advocates say it has further endangered residents, some of whom they say already were receiving substandard care.

* From the SGOP…

Senate Republican Leader Bill Brady has sent the attached letter to Senate President Don Harmon asking for hearings next week to discuss and amend the governor’s Restore Illinois plan. This is in keeping with the Leader’s continued concerns with the 28-day window and the plan not using the 11 EMS regions.

The letter is here. I’ve asked the Senate Democrats for a response.

* Rep. Chris Welch interviewed Gov. Pritzker yesterday. The governor was able to explain his approach better in this setting. I wish he would do the same in his briefings

* Tribune live blog

‘Undoubtedly true’ that fall sports won’t return as normal, University of Illinois president says

Adler Planetarium lays off 120 staffers during coronavirus closure

Will County officials, small business owners sue over Pritzker’s stay-at-home order

High school and college seniors are petitioning their schools to hold in-person graduation ceremonies later rather than never

As House readies vote on coronavirus package with second stimulus checks, some lawmakers push for guaranteed income programs

Extra pay for many essential workers is expiring, even as COVID-19 deaths mount. Labor groups fight to keep ‘hero pay.’

They are not doctors or nurses. But they share the same elevated exposure to coronavirus, and they feel forgotten.

Swing sets and trampolines in short supply as stay-at-home morphs into play-at-home during the pandemic

Nearly 3 million more seek US jobless aid; coronavirus layoff toll now 36 million

New inflammatory condition in children probably linked to COVID-19, new study finds

Archdiocese of Chicago, dioceses of Joliet, Rockford, Peoria announce phased plans to reopen churches

Pritzker’s geographical grouping in COVID-19 fight rankles many suburban officials.

Many cities around the globe saw cleaner air after being shut down for COVID-19. But not Chicago.

Summer camp files for bankruptcy as parents clamor for refunds: ‘I think it’s going to be like getting blood from a stone’

ComEd offers grants to people, non-profit groups struggling to pay power bills

Chicago’s lakefront will remain closed, but here are the industries that Mayor Lori Lightfoot says are on track to expand or reopen during next phase

Short staffing. PPE shortages. Few inspections. Why calls are growing for Illinois nursing home regulators to step up efforts on COVID-19.

* Sun-Times live blog

Coronavirus isolation may be contributing to overdose deaths: coroner

Chicago high school robotics team creates portable ventilator

Michelle, Barack Obama read a children’s book for Chicago Public Library during lockdown closure

Lightfoot leans on community groups to curb spread of coronavirus among Latinos

Catholic churches outline plan for gradual reopening

4 more COVID-19 cases in Chicago Police Department

Politicians pushing to reopen faster are ‘idiots,’ says expert, blaming those not following rules for continued rise in COVID-19 cases

COVID-19 scales back youth sports. That’s a win for many kids

Future COVID-19 vaccine will be effective only if we insist on its widespread use

12-year-old from Gage Park dies of COVID-19, marking the youngest Cook County death from the coronavirus

Grants arrive for nearly 1,000 Chicago microbusinesses

Adler Planetarium lays off 120 employees

  16 Comments      


Demand For Dialysis Soars Due To COVID-19

Thursday, May 14, 2020 - Posted by Advertising Department

[The following is a paid advertisement.]

The Illinois Kidney Care Alliance (IKCA) consists of health advocates and professionals, community and patient groups, health providers and businesses focused on raising awareness about those who suffer from kidney disease.

As hospitals prepared to care for patients with COVID-19, another unanticipated medical complication has emerged — kidney failure. Approximately 20-40% of those most severely ill due to COVID-19 have developed acute kidney injury.

IKCA advocates for those who suffer from kidney failure and their families. Patients currently on life-sustaining dialysis or waiting for a functioning kidney are among society’s most vulnerable people. IKCA urges dialysis patients to continue their treatment and to adhere to social distancing during these challenging times. For more information, follow us on Twitter, like us on Facebook, or visit our website.

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*** UPDATED x1 *** By the numbers

Thursday, May 14, 2020 - Posted by Rich Miller

* According to Worldometers, Illinois ranks 9th in the nation on number of cases reported per million population, at 6,684. The national average is 4,349.

Illinois ranks 11th in deaths per million population, at 299. National average is 259. New York (1,403), New Jersey (1,095), Massachusetts (771), Louisiana (520), Michigan (472), Pennsylvania (337) and Maryland (309) are among the states with more deaths per million.

Illinois ranks 13th in tests performed per million, at 40,093. National average is 31,363. New York (64,713) and Massachusetts (59,490) are way ahead of us. The others are small states.

* According to IDPH, the positivity rate in region 1 (Chicagoland area) is 20.7 percent. It’s 7.7 percent in the North-Central Region, 5.8 percent in the Central Region and 8.1 percent in the Southern Region.

Also according to IDPH, 50 percent of confirmed cases are women, 47.7 percent are men and 2.3 percent were either unknown or the form was left blank.

55.8 percent of deaths were men, 43.9 percent were women and 0.26 percent were unknown or the form was left blank.

The racial demographics on confirmed cases are almost worthless because 27 percent were unknown or the form was left blank. Deaths are a different story. Just 2.8 percent were left blank. Whites make up 42.5 percent of all deaths, African-Americans are 32.1 percent, Hispanics are 17 percent, Asian-Americans are 4.5 percent.

*** UPDATE *** I meant to update this post and forgot. IDPH has updated its metrics scoreboard since I published earlier today. Today’s positivity rate in region 1 (Chicagoland area) is 19.9 percent. It’s 8 percent in the North-Central Region, 5.7 percent in the Central Region and 7.9 percent in the Southern Region. And so

For the first time on Thursday, each of the four regions in Gov. JB Pritzker’s reopening plan were on pace to meet the metrics required to move into the next phase of opening the state’s economy.

The Northeast region, which encompasses Chicago and the collar counties, where the largest number of COVID-19 cases have been reported, for several days had a higher percentage of positive coroanvirus tests than allowed for reopening. On Thursday, the positive test rate dipped to 19.9%, just enough to put it below the 20% threshold. That rate has fallen more than 3.2 percentage points in the region in the past 14 days, according to the state.

The earliest a region can move into Phase 3 is May 29 because one of the other metrics requires 28 days from May 1 with no overall increase in hospital admissions.

“Every region is poised, if it maintains the metrics that it’s at now, to move into Phase 3 in a few short days,” Pritzker said from his Chicago home Thursday during his daily news briefing. “Literally we’re talking about 14 days.”

  16 Comments      


*** UPDATED x1 *** Another 3 million Americans, 73,000 Illinoisans apply for unemployment insurance

Thursday, May 14, 2020 - Posted by Rich Miller

* AP

Nearly 3 million laid-off workers applied for U.S. unemployment benefits last week as the viral outbreak led more companies to slash jobs, even though most states have begun to let some businesses reopen under certain restrictions.

Roughly 36 million people have now filed for jobless aid in the two months since the coronavirus first forced millions of businesses to close their doors and shrink their workforces, the Labor Department said Thursday.

Still, the number of first-time applications has now declined for six straight weeks, suggesting that a dwindling number of companies are reducing their payrolls.

By historical standards, though, the latest tally shows that the number of weekly jobless claims remains enormous, reflecting an economy that is sinking into a severe downturn. Last week’s pace of new applications for aid is still four times the record high that prevailed before the coronavirus struck hard in March.

* The Illinois numbers

Add nearly 73,000 people to the more than 1 million Illinoisans who have filed for unemployment amid the COVID-19 crisis.

The U.S. Department of Labor reports of the 2.9 million people who filed across the country last week, there were 72,993 claims filed in Illinois.

That’s slightly down from the 74,476 who filed last week, but this week’s numbers will go up because 1099 workers were able to file claims starting Monday.

* Meanwhile

Federal Reserve Chair Jerome Powell warned Wednesday of the threat of a prolonged recession resulting from the viral outbreak and urged Congress and the White House to act further to prevent long-lasting economic damage.

The Fed and Congress have taken far-reaching steps to try to counter what is likely to be a severe downturn resulting from the widespread shutdown of the U.S. economy. But Powell cautioned that widespread bankruptcies among small businesses and extended unemployment for many people remain a serious risk.

“We ought to do what we can to avoid these outcomes,” Powell said.

Additional rescue aid from government spending or tax policies, though costly, would be “worth it if it helps avoid long-term economic damage and leaves us with a stronger recovery,” he said.

*** UPDATE *** Press release…

The Illinois Department of Employment Security (IDES) today released new statewide data showing the department processed 72,671 new initial claims for regular unemployment benefits during the week ending May 9. The department has now processed 1,076,461 claims for regular unemployment benefits from March 1 through May 9. This amount is nearly 11.5 times the number of claims the department processed over the same period last year, when IDES processed just 87,000 claims for regular unemployment benefits.

IDES has processed 33,729 Pandemic Emergency Unemployment Compensation claims (PEUC), which provides up to 13 weeks’ worth of 100% federally funded benefits to individuals who have exhausted their regular state unemployment benefits. PEUC is potentially available for weeks beginning on or after March 29, 2020 and continuing through the week ending December 26, 2020.

While the number of initial claims for regular benefits has plateaued in the last two weeks, IDES will experience an increase in overall claims processed when the federal Pandemic Unemployment Assistance (PUA) claims data becomes available Thursday, May 21, 2020. Launched on May 11, more than 50,000 PUA claims have been filed through the new portal in the first three days of operation. IDES expects the number of claimants accessing the new unemployment system to continue to grow in the coming days and weeks.

Statewide unemployment claims data, which reflects activity for the week prior, is made available on the IDES website every Thursday afternoon. PUA claims data will follow these same federal embargo provisions, with this week’s data available on Thursday, May 21. Previous initial claims data has undergone a revision to properly account for the number of successfully processed claims.

  7 Comments      


Careful what you wish for

Thursday, May 14, 2020 - Posted by Rich Miller

* May 11 Tribune editorial

With Illinois’ unemployment numbers surging amid a global pandemic, and with thousands of laid-off workers struggling to make ends meet — not to mention tanking state revenues — you might think state government would be firing on all cylinders.

You might also think, given the state’s precarious financial condition, that the General Assembly would be meeting in some fashion to address pressing matters, including the completion of a budget. Uh, nope.

House Speaker Michael Madigan and Senate President Don Harmon have been lying low and canceling legislative session days in Springfield — for safety reasons. Has anyone even seen or heard from Madigan in months? Just because he prefers seclusion doesn’t mean the public and the media should be acquiescing. He leads the party that controls this state.

* Two days later

We know we urged members of the Illinois General Assembly to get back to work in Springfield, but that doesn’t mean we won’t flinch — and protest — after they arrive. Prepare yourselves, taxpayers, because it will be your hard-earned money on the line, as always.

On Tuesday, Gov. J.B. Pritzker turned up the volume on his request that lawmakers meet to pass legislation that would include broad relief and compensation measures for Illinoisans hurt by the coronavirus pandemic. “The legislature must convene so that we can begin to put our financial and economic house back in order,” Pritzker said. By Wednesday morning, House Speaker Michael Madigan and Senate President Don Harmon were announcing plans to restart their spring session next week.

Coincidentally or not, the push by Illinois Democratic leaders to get cracking came in tandem with U.S. House Speaker Nancy Pelosi introducing the Democratic version of yet another coronavirus aid package. Pelosi’s bill comes with an extraordinary $3 trillion price tag, including as much as $1 trillion for states and cities.

Possibly billions to the states? No wonder Springfield is roaring back to life.

  19 Comments      


Unclear on the concept

Thursday, May 14, 2020 - Posted by Rich Miller

* Rep. Skillicorn appears to be saying that the state must be opened in order to force this woman to hold a wedding party against her wishes…


And she called him on it…


  27 Comments      


“Because I said so” is not a reason

Thursday, May 14, 2020 - Posted by Rich Miller

* Every day, the governor’s office answers questions from state legislators in writing. From the latest

Q: Can the Illinois Department of Public Health (IDPH) give further clarification on how the regions were developed in the Restore Illinois plan and how the IDPH Districts will factor into the plan (if at all)?

A: IDPH has 11 Emergency Medical Services Regions that have traditionally guided its statewide public health work. For the purposes of the Restore Illinois plan, from those 11, four health regions were established: Northeast Illinois, North-Central Illinois, Central Illinois and Southern Illinois.

To learn more about the development and implementation of the Restore Illinois plan, we encourage you to visit the plan here.

But if you follow that link and then click on the FAQ link, you’ll see this

Q: How did the administration come up with the four regions?

A: The Illinois Department of Public Health has 11 Emergency Medical Services Regions that have traditionally guided its statewide public health work. For the purposes of the Restore Illinois plan, from those 11, four health regions were established: Northeast Illinois, North-Central Illinois, Central Illinois and Southern Illinois.

* As we’ve already discussed, the lack of clarification or insight into the reasoning behind the regional map has led to anger, confusion and division. The latest from Capitol News Illinois

Officials from Peoria County on Wednesday unveiled their own COVID-19 reopening plan that breaks up north-central Illinois into a sub-region of 11 counties, which officials say will allow the area to take a more localized approach that protects public and economic health better than the state’s plan.

The proposed plan, which Peoria officials have dubbed “Restore Heart of Illinois,” seeks to amend Pritzker’s four-region “Restore Illinois” plan by carving out an 11-county area within the 27-county North-Central region, which would include the metropolitan centers of Peoria and Bloomington.

The sub-region, which is based on commuter data, would include Peoria, Tazewell, Woodford, Fulton, Marshall, Stark, McLean, Livingston, Bureau, Putnam and LaSalle counties.

“They’re not really that different,” Peoria County Public Health Administrator Monica Hendrickson, who also has a background in epidemiology, said of the three-stage sub-region plan and the state’s five-phase plan.

Phil Luciano

Friday, the proposal was sent to Gov. JB Prtizker, who has yet to offer a reply to Ardis or the others. In the past, Pritzker has said he is not considering localized changes to his Restore Illinois blueprint. But Ardis said Wednesday the governor’s blessing is not imperative regarding the Peoria-area plan, which could go into effect in seven to 10 days.

“The plan is to continue to move forward,” Ardis said. “If the governor comes out and say no, our plan is to move forward.” […]

The plan calls for three stages for reopening, with the entire sub-region aiming at moving forward together. “However, if an identifiable location within the sub-region is not following approved guidance and/or showing health system stress indicators, that area may be excluded from moving to the next stage,” the plan states.

But the plan is hopeful of an aggressive reopening: “We have an extraordinary ability to respond to health emergencies in our sub-region. We believe that ability uniquely enables the sub-region to move forward in a more aggressive manner, beginning with a 50 percent opening rather than the 25 percent common in many plans.”

The new plan would push the sub-region from what is currently the governor’s phase 2 into phase 3 almost immediately — a scenario not seen by the governor until the end of May, at best. Phase 3, for example, allows for offices, salons and barber shops to open, with capacity limits and other safety precautions. Face coverings would still be required. Any gatherings of 10 or fewer would be allowed. The governor’s phase 4 would start at the end of May.

* Look, I’m not saying the regions are necessarily bad. What I am saying is that the governor needs to explain exactly why the eleven EMS regions were not used

  50 Comments      


Bar leaders issue warning about legal consequences

Thursday, May 14, 2020 - Posted by Rich Miller

* From the Clifford Law Offices, one of the most successful trial lawyer firms in the country…

Several bar leaders from across the state are speaking out supporting the rule of law and on behalf of innocent victims of violators of Illinois’ stay-at-home Executive Order effective through May 30.

Governor J.B. Pritzker’s Executive Order requires Illinois residents to continue to shelter in place through May 30, but it has come under fire from some downstate legislators. Bar leaders from the Illinois State Bar Association (ISBA), Chicago Bar Association (CBA) and Illinois Trial Lawyers Association (ITLA) are speaking out in support of the Governor’s Executive Order in an effort to protect Illinoisans across the state and to reinforce the rule of law.

As of Wednesday, May 13, 2020, the number of deaths in Illinois attributed to COVID-19 totaled more than 3,700 and the number of total infections in the state exceeded 84,000.

Presidents of three leading bar associations stated that they recognize the Governor’s authority to protect its citizens, particularly in a once-in-a-lifetime pandemic situation, and that the Executive Order to shelter in place must be practiced by the Illinois citizenry for the health, safety and welfare of all.

ISBA President David Sosin said, “The constitutionality of the Governor’s actions is now before the courts and we await the decision of the judicial branch, but in the meantime, we must respect the rule of law in this state. A violation of the Governor’s Executive Order may result in consequences that result in legal action, but at the same time, we appreciate the efforts being made to recognize that different areas of the state may be treated differently depending upon their experience with coronavirus and their current success with social distancing efforts.”

CBA First Vice President Maryam Ahmad, who ascends to the presidency next month, echoed Sosin’s sentiments and added, “The Chicago Bar Association supports our Governor’s efforts to assure and defend the safety of the residents of Illinois; this goal is consistent with the CBA’s mission to promote the general welfare of our members and to preserve and protect the legal profession. Governor Pritzker’s Executive Orders properly cite and rely upon broad statutory authority, particularly now, during a crisis. They are presumptively valid and have the effect of law. Parties seeking to challenge these orders should do so before a court; unless declared unconstitutional, these orders are to be followed.”

ITLA President Antonio Romanucci said, “The risk of opening early outweighs the benefit of limiting liability not only for a municipality but also for any employer who follows the guidelines of the municipality.” Romanucci said in a May 8 written statement that the “prudent course” would be to stay closed and limit any further potential spread that could lead to litigation. “Certainly, no one wants to do a second round of sheltering,” he went on to say.

Mark Prince, immediate past President of ITLA of downstate Marion, said, “I am supportive of the Governor’s Executive Order because Illinois needs to re-open only once and do it the right way. This deadly virus affects everyone across the state and even one death is one too many.”

Romanucci pointed out that the insurance industry itself pointed out that consequences for violating the Executive Order may include liability for those who become sick as a result of violating the order and denial of insurance claims should a court find the business or local government to be acting outside the parameters of what is covered in their policies.

ISBA President David Sosin, CBA First Vice President Maryam Ahmad, ITLA President Antonio Romanucci and ITLA Immediate Past President Mark Prince will hold a virtual press conference at 11 a.m., Thursday, May 14, 2020, on Zoom.

  74 Comments      


Bailey files new lawsuit based on informal 2001 AG opinion

Thursday, May 14, 2020 - Posted by Rich Miller

* From the governor’s media briefing yesterday afternoon

Amy Jacobson from WIND asks if the Illinois attorney general has a written legal opinion that dates back to 2001 that essentially said that you are acting illegally. You did not have the power to issue the stay at home order beyond the initial 30 days according to this legal opinion.

* Tribune last night

Republican state Rep. Darren Bailey has filed an amended lawsuit in a downstate court challenging Gov. J.B. Pritzker’s stay-at-home order, contending that a 2001 Illinois attorney general document contradicts the state’s position on why the order could be extended beyond the initial 30 days.

The 2001 letter from then-Attorney General Jim Ryan to the state Emergency Management Agency director appears to respond to questions about foot-and-mouth disease and whether the governor could “exercise emergency powers in excess of 30 days after the declaration of a disaster.”

According to the letter, which is among the documents filed with Bailey’s lawsuit, Ryan wrote that he would “comment informally upon the questions you have raised.”

The act “clearly authorizes the governor to exercise emergency powers for up to 30 days,” Ryan wrote in the 2001 letter cited in the lawsuit. “A construction of its provisions to allow the governor to extend the 30-day period would render the limitation clause meaningless. A more reasonable construction, taking into consideration the other provisions of the act, is that the governor would be required to seek legislative approval for the exercise of extraordinary measures extending beyond 30 days.”

* I reached out to the attorney general’s office for some clarification. This was an informal opinion and, contrary to the Tribune report, was not written by Attorney General Ryan

I will comment informally on the questions you have raised.

The AG’s offices told me the informal opinion was not about a human health risk, making it different than the current circumstances. And, despite the informal opinion from 2001, Attorney General Kwame Raoul has successfully argued the 30-day issue twice now. Once with a federal judge and also with a Cook County judge

Mahwikizi’s suit also asked the court to issue a declaratory judgment that Pritzker’s emergency powers under the Illinois Emergency Management Act expired April 8, or 30 days after he issued his March 9 disaster proclamation.

Gamrath rejected that argument, holding the IEMA Act gives Pritzker authority to extend his power beyond an initial 30-day period without approval from the legislature.

The 30-day limit, Gamrath wrote, only applies more strictly to a “discrete event — one that stops and starts in a relatively short amount of time.”

The COVID-19 pandemic, she wrote, “is not a discrete or isolated disaster. It is a dynamic pandemic, still ongoing.”

“This continuing disaster poses a threat that is underway and has not abated as quickly as a more typical natural disaster like an earthquake or tornado,” Gamrath wrote. ”When an emergency epidemic of disease occurs and a pandemic ensues, the [g]overnor has authority under the [a]ct to utilize emergency powers beyond a single 30-day period to protect the community and residents of the [s]tate.”

So, give Bailey credit for finding that informal opinion, but we’ll see if the move works.

  38 Comments      


Our Democracy Is Too Important, The Fight Continues

Thursday, May 14, 2020 - Posted by Advertising Department

[The following is a paid advertisement.]

The deadline to let voters decide if we should reshape our constitution and redistricting process has passed, but our fight continues. Fixing the foundation of our democracy is too important and we still can move forward toward a better redistricting process.

The Illinois Redistricting Collaborative, a diverse coalition of 34 organizations, is committed to standing with the 75% of Illinois voters who want an independent citizen-led commission.

Lawmakers can stand with Illinois voters and our diverse, statewide coalition by committing to passing meaningful legislative reforms before next year’s decennial redistricting.

Gerrymandering is voter suppression and we must end it. We can join the ranks of people in both red and blue states across the country who have made improvements to their redistricting process.

Learn more by visiting changeil.org/get-involved.

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Open thread

Thursday, May 14, 2020 - Posted by Rich Miller

* Illinois topics and polite conversation only, please.

  43 Comments      


*** LIVE COVERAGE ***

Thursday, May 14, 2020 - Posted by Rich Miller

* Follow along with ScribbleLive


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