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Cabello’s suit; Clay County laughs it off; Sen. Collins’ plea for help; An ode to Dan Petrella’s aunt

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* Rockford TV

State Rep. John Cabello (R-Machesney Park) is filing a lawsuit against Gov. JB Pritzker’s stay-at-home order, similar to one which a southern Illinois ruled in favor of yesterday.

Cabello said his lawsuit will differ from that filed by Rep. Darren Bailey (R-Xenia), in that it will not apply only to him, but to anyone. […]

Both Cabello and Bailey are represented by attorney Thomas DeVore.

“I’d expect in the near future that this issue was raised by Mr. Bailey successfully today is going to start cascading around the state,” DeVore told Center Square.

* Oh, man…


* Meanwhile, in the serious world…


Unacceptable.

* And you may have heard Gov. Pritzker today sending his condolences to Tribune reporter Dan Petrella on the loss of his aunt. Petrella’s column is a must-read

I sat in front of the computer screen in my guest bedroom on April 21, watching Gov. J.B. Pritzker’s daily news briefing on COVID-19. I listened, as I do almost every day, as officials announced the number of people in Illinois who had died from the new coronavirus.

The count on that day was 119. One of them was my aunt, Carol DeWitt.

I’ve been covering the COVID-19 briefings from the start, at first competing with other reporters for a good seat in the Blue Room at the James R. Thompson Center and later, as a safety precaution, from home. Each day as officials announced the number of new cases and deaths, I’ve tried to keep in the front of my mind that these aren’t just numbers on a spreadsheet. They are human beings. Lives at risk. Loved ones lost. […]

She was the aunt who lived with us in my earliest years, who played “Thriller” on the living room record player and shot baskets with us on the bumpy driveway. She still gave my two older brothers and me handmade cards and drawings practically every time we saw her.

Carol had beautiful blue eyes. I see them sometimes when I look at my son.

Go read the whole thing.

  30 Comments      


About that poll the governor mentioned

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* Gov. JB Pritzker mentioned a poll today in his daily media briefing. That poll was conducted for my subscribers, but now that it’s out there (grrr), I wanted to make sure y’all knew the toplines before someone else published them…

Do you approve or disapprove of the job Donald Trump is doing handling the Coronavirus outbreak in the United States?

    Strongly Approve 36%
    Somewhat Approve 12% [48%]
    Somewhat Disapprove 10%
    Strongly Disapprove 39% [49%]
    Don’t Know 3%

Do you approve or disapprove of the job JB Pritzker is doing handling the Coronavirus outbreak here in Illinois?

    Strongly Approve 47%
    Somewhat Approve 24% [71%]
    Somewhat Disapprove 9%
    Strongly Disapprove 14% [23%]
    Don’t Know 6%

Do you support or oppose the current stay at home order in place here in Illinois?

    Strongly Support 59%
    Somewhat Support 18% [77%]
    Somewhat Oppose 10%
    Strongly Oppose 8% [18%]
    Don’t Know 4%

Are you concerned that states might lift their stay at home orders too quickly or too slowly?

    Too Quickly 48%
    Too Slowly 29%
    Don’t Know 23%

Subscribers have crosstabs.

* Methodology…

This poll was conducted between April 23rd and 24th, 2020, using a blend of automated calls to landlines and live-operator calls to cell phones. In all, 800 interviews were achieved among registered voters in Illinois. 320 of these responses came from cell phones. The Margin of Error for this survey is +/-3.46% at a Confidence Interval of 95%.

  23 Comments      


Pritzker goes off on Bailey: “This ruling only applies to one person, because it was only ever about one person” - Dr. Ezike talks hospitalization data, recovery rates - Explains power of local health authorities - Denies that stay at home order is a quarantine order - Explains how multiple EOs issued during floods - Rep. Cabello filing lawsuit today? Pritzker responds: “shameful acts on the parts of these partisan actors” - Dr. Ezike talks about caution fatigue - Trying to spin up contact tracing - Talks again about antibody testing - Asked whether he’s contemptuous of the judiciary, Pritzker says it’s a “ridiculous question” and has “great respect” for judiciary - Explains federal blood donation law - Says no partisan divide, just people taking “political advantage” - Tax relief “in the works” - Dr. Ezike explains danger of opening public swimming pools - Addresses lack of testing at Bloomington site - Doesn’t disclose any backup plans for lawsuit - Expresses condolences to Trib reporter - Says more National Guard involvement likely

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* Gov. JB Pritzker at today’s media briefing

Before I get into today’s conversation. I want to address the ruling that came out of the Clay County Circuit Court yesterday.

First, the stay at home order designed in close consultation with scientists and public health experts remains in place.

As it stands, the judge’s ruling is limited. Applying only to one person, the state representative from the hundred ninth district.

For those unfamiliar, the 109th District happens to have among the lowest hospital bed availability and ventilators in the state, making it uniquely ill-equipped to respond to a surge in cases. The district is also home to the county experiencing Illinois highest death rate per capita from COVID-19.

This ruling only applies to one person, because it was only ever about one person.

This was a cheap political stunt designed so that the representative can see his name in headlines, and unfortunately he has briefly been successful in that most countless of feats as absurd as this charade is, we are taking this matter very seriously.

While the court’s order is limited, the risk it poses is significant. By agreeing with the plaintiffs in this initial ruling, the court set a dangerous precedent. Slowing the spread of this virus is critical to saving lives by ensuring our healthcare system has the resources to treat patients who get sick. And we will not stop this virus if because of this ruling, any resident can petition to be exempted from aspects of the orders that rely on collective action to keep us all safe.

Because of the threat to public health from this court order and the fact that the state has acted well within its legal authority to protect the health of the public, the state is appealing immediately.

I know misinformation tends to spread quickly in situations like this. So I assure you that I will continue to provide you with updates on any new developments.

But on this topic, I leave you with this. I know this virus is causing devastating economic consequences. Just as this has caused tens of thousands to become ill and thousands to die. For two months, not a second has gone by,where the economic impact on our working families at our small businesses hasn’t been an important and paramount consideration of my decision making.

I have been listening to working people and businesses to Democrats and Republicans, epidemiologists and expert modelers. Responsible people understand the trade offs and the consequences of reopening too early. So I will continue to listen and to act in a responsible fashion. So we can all get back to work and school and move toward normal in a way that will keep our families, healthy and safe.

Let me remind everyone again. The stay at home order in Illinois is still very much in effect. All of us must maintain social distancing, wear masks in public and keep non essential businesses closed until we can lower our still increasing hospitalizations and lower ICU bed use. The danger has not passed yet, no matter whether you live, in little Egypt, or in Freeport, or in Quincy, or in Chicago. We are making much of progress, and much of the progress that we had hoped to make.

And we will not let one irresponsible state representative deter us from success.

Now moving on to the business of actually keeping people safe.

The governor then went on to welcome the assistance of the Polish medical delegation and praised the Illinois National Guard.

Please pardon all transcription errors.

* Dr. Ezike…

Thus far, we have run 242,189 tests with 14,561 tests being run yesterday.

Regarding hospital data, as of yesterday 4738 people in Illinois were reported to be hospitalized with COVID-19. That’s up from 4672 yesterday.

Of those, roughly 25% or 1245 patients are in the ICU and 778 patients were on ventilators.

Talking about recovery, I’d like to report that we’ve been continuing with our survey to identify people who report having a resolution of their symptoms after having a positive test for those less than two weeks from the positive test 49% report no longer having symptoms and feeling recovered. For people who are between two and four weeks from their positive test 61% report feeling recovered. And after more than four weeks from the positive tests 74% of the respondents report being recovered. I hope that scene is encouraging news that people do recover. We mourn the loss of all the lives and we’re sorry for all those who have had to endure a battle in the hospital, but the majority of individuals do recover.

* On to questions for the governor. Rep. Bailey says local health departments are the authority to decide quarantine situation so there’s due process with those affected. Why isn’t that the way it should be handled instead of the statewide approach?…

Local health departments certainly have lots of authority, they can put in more stringent rules than the state does, that’s certainly true. But the state of Illinois has a Public Health Act and has an Emergency Management Act that allows us to protect all of the people of the state, thinking about every region of the state which I am and we are.

* If you can explain the Department of Public Health’s quarantine authority and will you now turn to those powers giving the judges temporary restraining order, if you believe you need to?…

We’re not, there is no quarantine authority that’s being exercised here there’s a stay at home order their executive orders they’re in place to effectuate the protection of all of our citizens. I’m not sure what the if there was some other point to the question

I think what he was speaking of, the judge’s ruling yesterday said, in essence, by limiting people to what they can go outside and do, so you can go to the grocery store but can’t go fishing, that is in effect a quarantine… You don’t believe this applies at all in that regard?…

It’s called a stay at home order, there is no mandate that people have to stay quarantined in their home. That’s not what the stay at home order says. That’s the name of the order, but the order in fact says that we’re designed to protect families and individuals all across the state, following guidelines from our federal Homeland Security Department, where we’ve essentially authorized essential businesses to keep operating. But we’ve asked non essential businesses to close, and we’ve asked people to wear masks and we’ve asked people to make sure and protect each other across the state by keeping social distancing norms. And that’s all of what those orders are about.

But again, it’s the authority of the Emergency Management Act of the Public Health Act. And it is the history of the state of Illinois that we have sometimes successive declarations of disaster in the state.

A good example is floods that have occurred in the past which, remember, emergencies don’t have a time bound to them necessarily. Aometimes they do, a tornado can come and go. And the emergency can be declared and has a time bound to it. Floods tend not to, pandemics which we haven’t experienced in Illinois for 100 years, pandemics don’t live by a 30 day timeframe. And so all we’re trying to do is to end our disaster. Our executive orders as soon as possible, but with the thought in mind that we need to keep people safe until we’re able to do that.

[Bailey’s lawyer] told me today that just because there have been continuing proclamations in the past that have never been challenged in court doesn’t set precedent for the court to accept that as a legal exercise of authority. Can you respond to that?…

All I would say is he should read the statute. The statute allows the governor to declare an emergency for 30 days at a time. And if there is an emergency that occurs this emergency declaration goes till April 30. I’m not sure what he’s suggesting but on May 1, if there is an emergency on May 1, then it is the authority of the governor to declare an emergency, a disaster proclamation on May 1 for 30 days.

But, look, let’s not get into the you know the the back and forth. Here’s the facts. We are defeating this virus by virtue of having a stay at home order. You can hear from Dr Ezike and others that there would have been thousands more deaths in the state and there will be thousands of deaths if this executive order is not allowed to proceed on May 1 through May 30. So all I can say is that it is the height of recklessness that that attorney and his client have gone ahead and challenged the idea that we’re in the middle of an emergency. Remember, Donald Trump, the President of the United States, has declared a national emergency. We are one of the United States, and we too have declared a disaster.

It appears we’re going to have a second lawsuit filed by a Republican, Representative Cabello. Similar claims. I haven’t seen it yet, we’re told that’s going to happen today. So now we have a second Republican from upstate challenging this. Do you have a concern that this is going to have a snowball effect and that there’s going to be a lot more Republicans challenging this and is this going to go to the Supreme Court, eventually?…

Well, it appears to me to be some partisan endeavor at a moment when frankly political parties shouldn’t matter at all. We should be focused on simply doing what’s best for people, keeping them safe and healthy.

But I don’t know, certainly people have the ability, anybody has the ability to go to court. But I know that we have appealed this ruling in Clay County in the local court Circuit Court in Clay County. It’s been appealed. And our hope is that it’s the Supreme Court’s been asked to take up the matter and so my hope is that we can move swiftly just to move this out of the way,because we have so much to do. We have so much to do to keep people safe and wasting our time and effort on these ridiculous lawsuits is something that I think is just, it’s something that we shouldn’t have to do and shameful acts on the parts of these partisan actors.

* There’s talk about quarantine fatigue or caution fatigue, with mental health experts saying it really started to kick in. Can you comment on that and can these actually hurt people’s efforts to stay safe?…

Dr. Ezike: No of course, we know it’s a big sacrifice that we’re asking people.. Of course we’re trying to do it with their best intentions with the public health in mind. Trust me, no one wants to tell people to stay at home. No one wants people to not be able to enjoy our beautiful state. It is with a lot of reflection and the use of data that we are using taking these aggressive actions and they’re actually working. We know that we have flattened the curve. we know that we have decreased the rate of rise of a number of people who’ve gotten infected, which means that we’ve decreased the number of people who will be hospitalized and have passed on. I unfortunately cannot prevent every fatality. but we can decrease the numbers as much as we can. And so I know that people are getting tired, we all are tired of this pandemic the enemy. The common enemy is the virus, it’s not the people, it’s not public health is trying to keep people safe it’s not the governor’s working so hard to help us manage these community mitigation strategies. We all need to try to hang in there so that we can prevent the loss of life of our loved ones and ourselves. Is there some worry about the toll that this constant state of fear could have on people of stress that’s creating, definitely that’s a very real thing and that’s why we’ve had the the call lines to help people with some mental health resources. And we hope that others are able to check on friends and others who may be more predisposed to having further mental health exacerbations. It is a trying time, no one’s gonna deny that being in for this long and not being able to connect with people physically which is an important and normal human normal desire, all of that is being interrupted. But for the greater good of being able to not lose lives and hopefully when we can come out of this, we will have to address some of these issues. Hopefully people can reach out and get some telehealth and telemental health. In the meantime, but again we’re not trying to unduly punish people we’re actually trying to work on the society’s best interest.

* When can we see contact tracing start to be part of the solution? Do you have a timeline for that? And then also the White House is promising because say 20,000 testing swaps per day in May. Is that going to be enough?…

Listen, I am thrilled that the White House is going to provide 20,000 swabs a day I was on the phone this morning with [garbled] on that very subject and it will be a great advancement for us to have 20,000 more opportunities to get testing up and going. The first part was just on contract tracing, now I know so I think ramped up yeah also after that discussion with the admirals I had a meeting with our contact tracing team. And that is something that we’re working very hard to spin up to get going in a, in a large way, as you know there are a lot of components to that, there’s a technology component, there’s a hiring component. This is a very large endeavor. When you have more than 2000 people that are being identified every day as a result of more testing, we now have more cases that are identified and each one of those people may, for example, have had 10 contacts or more. And so you can imagine every single day and then pile on top of that, that we are monitoring the people who are in quarantine or in isolation, I should say. once they’ve been contacted and asked to go into isolation, or given options about what they’re going to do. So it’s a very large endeavor and we would be the second state to have a very large contact tracing initiative, take place so I’m, I’m kind of pushing hard on the team, they know it for us to get that going. Because that’s the other or another of the major components that allows us to open up the economy even more.

* What about antibody testing, is that going to be more widely available anytime soon?…

We would like to do antibody testing, but i as i said the other day, the tests are still as yet somewhat unproven, or you know the sensitivity is in question still. And there are lots of articles about that. We want to make sure that when we start doing antibody testing that we’re giving people accurate results, and that we know what the impact is because one of the things that we still don’t know is if in fact you are immune after you’ve had COVID-19. And so doing antibody testing was intended to give people that information, so we don’t want to start that until we have at least a greater medical basis upon which to give people that information.

* Regarding your comments yesterday on the Bailey lawsuit. Are you really that contemptuous of the judiciary or the right of citizens or even the legislator to go to court to challenge an executive power in this country? He said that Bailey is grandstanding isn’t that what you were doing when you call the lawsuit and said his actions would make people sick?…

Okay, that’s just a ridiculous question I’m not even sure how to answer. No, I know, I’m responding to Mr O’Connor.

First of all I have great respect for the judiciary. Second of all, I absolutely think it’s the people’s right to go to court. Third of all, what I’m calling reckless is the idea and the contention that’s been made by this state representative, that somehow we’re intending to limit people’s civil liberties or that we’re intending to take away people’s rights. That’s not the intention here. The intention in fact is to save people’s lives. So it is reckless in the extreme for a state representative who should know better, to bring a lawsuit like that, that he knows might have a terrible effect on the health and safety of people all across the state. That’s what’s reckless, he should be more responsible than that. Anybody can go to court. Absolutely. Anybody can go to court. But the fact that he took that case to court and that he was the plaintiff in that case, that he’s the one giving you know, interviews, about why people’s rights have been taken away and claiming somehow that this is unconstitutional. I mean he should know, but he should read the statutes. That’s what he should do

* What is the Department of Public Health going to do in the event that the state loses this lawsuit and do local health departments have the capacity to deal with a situation?…

Dr. Ezike: The Public Health Act actually gives us most of the authority to make sure that those restrictions are in place. Other aspects of the law give us other powers too so. So, it would be somewhat. I mean it’s hard to speculate exactly whether or not this case would go anywhere else. I do not believe that the courts will allow this ruling to stand and I do believe that the courts will overturn it.

* It is illegal to sell premix cocktails to go in Chicago but bar owners say they need those sales to survive Lightfoot said it’s a state issue. Are you considering pushing to make it legal?…

I don’t know that it’s a state issue, I haven’t thought about mixed drinks being served at the curb but I’m happy to look into it.

* The FDA recently reduced the time for blood donations from gay and bisexual men from a year to three months. Is there a movement from Governor’s to totally eliminate this ban, given how badly blood donations are needed?…

This is something that the federal government has imposed. That’s not something that I would support as a governor, but unfortunately this is a federal law.

* To what extent is COVID-19 dividing the state has increased partisan has an increased partisan divide?…

I think there was a poll yesterday that showed that the vast majority of people in the state support, whether they’re Democrats or Republicans, support the stay at home order. And so I don’t think it’s there’s a partisan divide, I do think that there are a few people who are trying to take political advantage at the moment in the middle of the pandemic that is killing people. They’re politicizing it.

* You’ve extended sales tax deadlines for bars and restaurants. Are some more accommodations in the works for other businesses or other businesses tax relief options on the table?…

We certainly are talking to the General Assembly about that, you know, there are other things that I think we could do. But those are in the works and I don’t have anything to announce today.

Dr. Ezike was asked about guidance for wearing a mask. Please check the Google.

* There’s another question about clarifying the pools and whether or not, why those are not open during the pandemic?…

Dr. Ezike: Well, I think, again, swimming and pools are a summer pastime that everyone would like to feel that they’re back to normal and being able to enjoy the normal things of the summer. Again, we are still learning a lot about this virus. But in terms of pools in genera,l we know that the settings of pools, whether it’s public pools or private pools, usually involves mass gatherings almost like that. Lots of people congregating together, whether in the water or poolside. So there for many reasons that we probably need to get to a certain point in our epidemiologic curve before we could probably consider that.

* In Bloomington, our state run drive up testing site is still underutilized and Bloomington is averaging about 100 people per day and capacity is 250.
Asymptomatic workers supporting critical infrastructure are still not allowed to be tested there despite state guidance that says they should be. What’s the holdup on loosening those restrictions there?…

Well, we have a limited number of tests and capability across the state. And so, to the extent that as we’re focused today on people who are symptomatic or our first responders and other essential workers there again is still a limited number of tests available. We would hope that more people would go to that site, but I do want to remind the questioner that actually in Bloomington,what we’ve seen is there are a lot of other sites that are available for people and that is one of the reasons why people are not going to that site is they have the ability to go to other health care facilities that have testing available.

* What’s your backup plan to continue to fight COVID-19 in the event the courts restrain your executive orders which you’ve already mentioned but he also has a second part: If it’s not clear the law gives you the powers you feel you need, why not call an emergency session now?…

I am reasonably confident that the responsible members of the judiciary will overrule and, overturn rather the ruling that came from this one judge.

* Chicago released school level budgets today. They included $125 million increase. With dire forecasts in other cities about school funding are budget increases wise?…

I can’t even answer the question because we don’t yet know, working with the legislature whether we’ll be able to increase education funding at all but but I hope that we will be okay.

* Dan Petrella will be our last question from the Tribune. Are you considering any additional duties for the guard as part of the COVID response? In Connecticut for example Guard members are being deployed to aid with nursing home inspections, is that something we could see here?…

Well, let me just begin by saying to Dan Petrella that I read the piece that he posted today about his aunt the loss of his aunt. And I just want to tell you how very sorry I am for your personal loss.

Absolutely. The National Guard has been tremendous. I mean everything we’ve asked them to do they’ve done with a just, you know, the execution has been amazing. They are excellent at everything that they do we will be asking the National Guard to do new things. It may be that we’ll ask them to help us with nursing homes more than they already are. As you know, we’ve deployed them to prisons we’ve deployed them to testing sites we’ve had them really in virtually everything that we’re doing in fighting this pandemic they’ve been somehow involved and so I, there’s no doubt that we’ll continue to use the National Guard.

And I just, I said it many times, but I’m just so proud of these young men and women and their relationship with the Polish military, which when I became governor I learned so much more about. And I must say it gives, it’s a point of real pride for the state of Illinois to have this kind of a relationship with the kind of excellent military operation of Poland. And of course because we have so many Polish Americans here in the city of Chicago. It’s a great point of pride, especially for them so thank you very much for everything that you’re doing. thank you Consul General.

-30-

  67 Comments      


2,219 new cases, 144 additional deaths

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* Press release…

The Illinois Department of Public Health (IDPH) today announced 2,219 new cases of coronavirus disease (COVID-19) in Illinois, including 144 additional deaths.

    Cook County: 1 female 20s, 1 male 20s, 2 males 30s, 3 males 40s, 2 females 50s, 6 males 50s, 10 females 60s, 17 males 60s, 11 females 70s, 17 males 70s, 17 females 80s, 15 males 80s, 5 females 90s, 6 males 90s
    DuPage County: 1 male 60s, 1 female 70s, 1 male 70s, 1 female 80s, 1 male 80s, 1 female 90s
    Jefferson County: 1 female 90s
    Kane County: 1 female 80s, 1 female 90s
    Kankakee County: 1 male 50s
    Lake County: 1 male 40s, 2 females 70s, 2 males 70s, 1 male 80s
    Madison County: 1 female 50s
    McHenry County: 2 females 70s
    Ogle County: 1 male 70s
    Rock Island County: 1 female 90s
    St. Clair County: 1 female 90s
    Will County: 1 female teens, 1 male 50s, 1 female 60s, 2 males 70s, 2 males 80s, 1 female 90s
    Winnebago County: 1 female 80s.

Currently, IDPH is reporting a total of 48,102 cases, including 2,125 deaths, in 96 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have processed 14,561 specimens for a total of 242,189.

  5 Comments      


A quick COVID-19 roundup

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* Tribune’s live blog

Nearly 200 residents, staff at Cicero nursing home test positive for COVID-19 as at least 5 deaths reported at facility

Smartphone location data can tell if people stay home during the pandemic. Experts worry users are sacrificing privacy for safety.

Pritzker says White House has promised to help get Illinois COVID-19 testing swabs

Open the economy or save lives? It’s not that simple. From the experts, 7 ways to talk politics in the COVID-19 era.

Chicago to give $5,000 grants to small businesses with four or fewer employees in lower-income neighborhoods

As domestic violence calls rise, free hotel rooms are being offered to victims

As Illinois facial covering requirement nears, Lightfoot and opponents put forward dueling plans to distribute masks in Chicago

Hormel furloughs 150 employees at its Fontanini Foods’ Italian sausage plant in McCook

Expect changes if college campuses reopen in the fall: ‘All of this is in uncharted waters’

Donors come to rescue of Illinois school district struggling with digital divide

* Sun-Times live blog

CDC now recommends social distancing for pets

Mayor Lightfoot announces grant program for microbusinesses

Founder of South Side nonprofit doles out COVID-19 supplies to hard hit black community

White House vows to send Illinois 20K swabs per day in May to expand testing: Pritzker

What reopening looks like in states lifting lockdowns

Mask safety tips: Sizing questions, washing instructions and more

El Milagro closes tortilla factory for two weeks after employee dies from coronavirus

Lakers return $4.6 million from coronavirus stimulus loan program

Eighteen employees at a Tootsie Roll manufacturing plant in Chicago have tested positive for COVID-19 since the end of March.

Chicago police announced Monday 21 more cases of COVID-19, bringing the number of confirmed cases in the department to 414.

In fight against COVID-19, house party is a slap in the face

And that’s all I had time for today. Sorry!

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Healthy Illinois Supports The Illinois Kidney Care Alliance

Tuesday, Apr 28, 2020 - Posted by Advertising Department

[The following is a paid advertisement.]

To highlight the needs of people suffering from kidney failure, organizations from across the state have come together to create the Illinois Kidney Care Alliance (IKCA). IKCA is a coalition of health advocates and professionals, community groups, providers and businesses focused on raising awareness of the needs of people who suffer from kidney failure and of their loved ones.

IKCA is proud to have Healthy Illinois as a member of the coalition. Healthy Illinois is a campaign to make quality health care coverage accessible to all Illinoisans. It aims to create healthier and more financially stable families and communities across the state by expanding health care coverage to all.

In Illinois, more than 30,000 people suffer from kidney failure. These patients, currently on dialysis or waiting for a functioning kidney, are among society’s most vulnerable. IKCA’s goal is to help and protect kidney patients and their families. For more information, please visit our website.

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Hang in there, Lee!

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* My old buddy Lee Milner was diagnosed with Stage-3 pancreatic cancer in December. Lee was a state spokesperson back in the day and has been a communications consultant and free-lance photographer for years. You’ve probably seen him at the Statehouse taking pictures…

Anyway, I’m told that he could use some cheering up. So, instead of a question today, how about we all send Lee some good vibes in comments.

Thanks!

  71 Comments      


McConnell walks back bankruptcy talk, sticks to pension guns, floats tort reform

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* I told you last week that I thought Senate Majority Leader Mitch McConnell’s comments about allowing states to go bankrupt was likely being overblown by the media. McConnell is very good at public negotiating ploys and the media eats it up every time.

Most of the usual local suspects immediately proclaimed Leader McConnell a truth-telling hero.

But McConnell walked it back yesterday

Under siege from Democrats seeking to oust him as majority leader in November, McConnell said the entire episode was “a classic case of taking things out of context” and that he never expected many states to use that option even if it were available to them.

“The fundamental point I was trying to make is that we’re not interested in borrowing money from future generations to help states solve problems that they created themselves,” McConnell said. “The bankruptcy suggestion would have been optional anyway. I wasn’t assuming many of them were going to take that option.”

* But he did stick to his guns about not bailing out state pension funds, which is what I figured he’d do last week

“I’m open to additional assistance. It’s not just going to be a check, though, you get my point?” Not really. He explained, “We’re not writing a check to send down to states to allow them to, in effect, finance mistakes they’ve made unrelated to the coronavirus.”

Jennifer Rubin at the Washington Post

Well, no one was talking about that. This is to replace money that the states have lost because their economies have shut down and revenue to the states has dropped through the floor as they fight the pandemic and must pay for testing and tracking.

Well, um, actually at least one person was talking about that, and he’s from Illinois. Oops.

* But McConnell appeared to show his cards yesterday. What he says he really wants now in exchange for a state and local government funding package is tort reform

“We probably will do another bill. What I’m saying is it won’t just be about money,” McConnell said. “The next pandemic coming will be the lawsuit pandemic in the wake of this one. So we need to prevent that now when we have the opportunity to do it.” […]

“We can’t afford to not protect all of the brave people who have been at work during all of this,” he said. “It’s going to take a certain amount of courage to open your business up again if you think there’s a lawyer right out on the curb waiting to go after you if he sees somebody within six feet of someone else.”

Back to Jennifer Rudin

The likely compromise is to enact litigation protection that kicks in if the business complies with Occupational Safety and Health Agency guidelines for a safe workplace and follows guidelines from both its state and the Centers for Disease Control and Prevention.

Thoughts?

  19 Comments      


Not to nitpick, but get it together, man

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* From the Friday, April 24th Gov. JB Pritzker media briefing

Should grocery stores and other businesses turn people away if they’re not wearing a face covering some employers have safety concerns about such confrontations?…

    I understand, but we have put in a requirement for people to wear face coverings. And so I, you know, just like with everything else you’re not allowed to go into a restaurant without wearing shoes.

    So it’s perfectly acceptable to tell people that you’re not allowed in if you’re not wearing a face mask.

The shoe requirement is a myth. The Society for Barefoot Living sent letters to every state health department in the country a few years ago to confirm it. The Illinois Department of Public Health’s 2017 response is here. Illinois has no shoe-wearing requirement.

…Adding… From the governor’s office…

The goal of the Governor’s updated stay at home order requiring a face covering, is to set a new normal that everyone uses a face covering so that both store workers and customers are protected. Our hope would be that the most a store owner would need to do would be to remind someone to put on their face covering who might have forgotten. Store owners do also have the option to ask customers to leave if they believe that they pose a risk to the health or safety of their employees or other customers. The expectation is that stores should enforce this the same way they’ve been enforcing other social distancing requirements: by posting signage about the face covering requirement and reminding people who aren’t in compliance.

* Saturday, April 25th

The Illinois State dental society has sent you a letter asking to be considered an essential business. Since you need a dental exam before some elective surgeries are you considering letting them reopen?…

    We actually never closed dentists or doctors offices in the EO. They have the ability to operate but, I know that many dentists have chosen not to open because the challenge, as I understand, having talked to a dentist about this is that the aerosolization of someone’s saliva when they’re being worked on makes it very difficult to protect the dentist and therefore, many dentists have just been open only for emergency dentistry.

* Sunday, April 26th

Dentists around Chicago are extremely confused after your comments yesterday. They’ve all been waiting for your green light to open. You said they closed down on their own. Can you clarify that please and can they get back to work for more than just emergencies?…

    They can. I said that yesterday, I’m happy to reiterate it today.

* Monday, April 27th

Our executive order did not close dental offices, but IDPH has issued guidance to dentists, focusing their work on more emergency procedures. That guidance remains in place. Dental procedures are high risk for dentists and for their staff, and we’re going to continue working with the medical experts as we move forward. But right now, dental procedures should be limited to urgent health issues and emergencies, and I apologize for any confusion that my comments may have caused.

  32 Comments      


WalletHub: Vast majority of states are getting hit harder than Illinois

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* I missed this last week

While Americans have started to receive their government stimulus payments, those who are jobless will likely still struggle. However, not all states have experienced the same levels of unemployment due to the pandemic. To identify which states’ workforces have been hurt most by COVID-19, WalletHub compared the 50 states and the District of Columbia based on increases in unemployment claims. We used this data to rank the most impacted states in both the latest week for which we have data (April 13) and overall since the beginning of the coronavirus crisis (March 16). Read on for the results

Illinois ranked 43rd of 51 for the week-to-week impact and 44th in overall impact. The top ten most impacted states included Louisiana, Georgia, Kentucky, Michigan, Indiana and Florida. Some of that can be explained by the complete collapse of automobile manufacturing and its radiating effects.

* But, as I’ve noted before, you’d think Illinois’ early stay at home order would’ve hurt us more. It doesn’t appear to have done so, partly because people are essentially voting with their feet and staying home no matter what their state government says

According to Google’s mobility reports, Florida is actually outperforming the US average on every metric of social distancing the tech company is tracking. Retail visits are down 49 percent (45 percent across the US). Trips to grocery stores and pharmacies have dropped 20 percent (7 percent US average), and people are going to parks less (down 54 percent versus 16 percent nationwide).

Illinois also has a history of being late to and emerging from recessions. And we don’t have a good comparison about how Illinois stacks up against other states as far as processing unemployment claims goes.

  6 Comments      


¯\_(ツ)_/¯

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* WAND has a novel legal analysis of yesterday’s Clay County judicial order and I dismissed it at first. I mean, even Rep. Bailey himself says yesterday’s order only applies to him. But I somewhat reconsidered, then backtracked and now admit to being a bit stumped after re-reading the order several times

Monday was the first hearing on the lawsuit, where Clay County Circuit Court Judge Michael McHaney ruled against against Pritzker’s executive order, granting a restraining order to temporarily block the stay-at-home order restrictions taking effect on Friday.

This does not mean the current stay-at-home order has been lifted. Gov. Pritzker’s legal team has a week to appeal the judge’s ruling. According to the Attorney General, who is representing Pritzker, the order does not impact the entire state. The governor’s office said if they lose the appeal on Tuesday they will issue the new directives.

However an attorney WAND-TV spoke with read the ruling differently, saying this could apply to Illinois as a whole. If so the state could “return to normal” Friday, unless another judge gets involved to overturn the ruling.

The ruling only applies to Bailey, but the lawyer said because Gov. Pritzker is acting on behalf of the government, he believes Pritzker can not issue a new ruling and exclude Bailey; therefore making it binding for the entire state. Pritzker would also not be able to issue a new order due to equal protection laws, according to the lawyer.

There is no returning to “normal.” Those days are over. The vice chairman of the Joint Chiefs, Gen. John Hyten, said this two days ago on 60 Minutes

2019 normal will never exist again. We have to figure out how to operate and fight through a world where coronavirus exists.

But could Illinois return to legal “normal”? That’s the question here.

* The reporter explained more on Twitter…


* To the order

Part “A” is clear. Rep. Bailey is exempt from enforcement of the March 20 order, which, by the way, is no longer in effect. But, let’s just stipulate that the judge meant to say the April continuance of the original order.

Even so, the judge is blocking enforcement of an order that doesn’t quite exist in the way he characterized it. The EO does not force anyone to “isolate and quarantine” in their homes beyond this

The intent of this Executive Order is to ensure that the maximum number of people self-isolate in their places of residence to the maximum extent feasible, while enabling essential services to continue, to slow the spread of COVID-19 to the greatest extent possible.

There’s no “forcing” evident here. Ensuring people “self-isolate” doesn’t mean forcing them to do it. But whatever.

And as far as quarantines go, the EO only mentions the word in context of existing powers of state and local health departments

People at high risk of severe illness from COVID-19, including elderly people and those who are sick, are urged to stay in their residence to the extent possible except as necessary to seek medical care. Nothing in this Executive Order prevents the Illinois Department of Public Health or local public health departments from issuing and enforcing isolation and quarantine orders pursuant to the Department of Public Health Act, 20 ILCS 2305. […]

Nothing in this Executive Order shall, in any way, alter or modify any existing legal authority allowing the State or any county, or local government body from ordering (1) any quarantine or isolation that may require an individual to remain inside a particular residential property or medical facility for a limited period of time, including the duration of this public health emergency

* Let’s move on to “Part B.” This is the part that the unnamed attorney in the WAND account was referring to. The judge barred Pritzker from entering any further orders against Rep. Bailey. The governor can’t just specifically carve Bailey out of a future EO without triggering an equal protection lawsuit.

Then again, the new EO, which takes effect May 1, will not be “forcing [Bailey] to isolate and quarantine in his home.”

So, I dunno. It reminds me of the old saying that the only lawyer in town will starve until another lawyer moves in.

* But it’ll probably be a moot point soon enough anyway. The judge was clearly biased and made some truly odd arguments…


That would be the very definition of what conservatives used to call an “activist judge.”

* Some more quotes compiled by Mark Maxwell, who was at yesterday’s hearing

Judge McHaney: “This executive order is absolutely destroying people’s property.”

Judge McHaney: “The Speaker of the Illinois House could propose an amendment to the Illinois Emergency Management Act and grant the Governor the authority. He could pass that in a New York minute, couldn’t he?”

Thomas Verticchio [with the AG’s office]: “Governors have made successive and multiple proclamations and then issued…”

Judge McHaney: “Aren’t you talking about flooding? That governor certainly didn’t shut down the state or destroy people’s lives or property over H1N1.”

Judge McHaney: “There is a vast difference between being allowed to ask the federal government for disaster loans for a flood, and depriving me of my constitutional right to work, to travel, to exist.”

Judge McHaney: Does the Governor have the right to shred the Constitution for longer than 30 days? That’s the issue, isn’t it?

1) The EO isn’t destroying anyone’s property. The virus is.

2) “Because… Madigan!” But, hey, the judge isn’t totally wrong here. The GA could reconvene, but we are still at or near the peak of a pandemic.

3) Illinois was not declared a federal or state disaster area during H1N1. Huge, huge difference.

4) It’s not just about federal disaster money. The governor can legally bar entrance to and exit from flood zones, he can shut down businesses during earthquakes, he can do all sorts of things when natural disasters strike, and this virus is certainly one of those.

5) As we’ve already discussed, the statute is likely silent about multiple 30-day EOs for a reason.

Anyway, your turn.

  96 Comments      


AFL-CIO vows to continue fight, while biz groups push back

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* Yesterday…

The Illinois Workers’ Compensation Commission today formally repealed an emergency rule which created a presumption that the workplace was the cause of a COVID-19 infection.

This action came after the Illinois Manufacturers’ Association (IMA) and Illinois Retail Merchants Association (IRMA) filed a lawsuit on behalf of two dozen business organizations challenging the rule, in which a Sangamon County judge granted a Temporary Restraining Order. Attorneys Scott Cruz, Thad Felton and Kevin Hormuth with the law firm Greensfelder, Hemker & Gale, P.C. represented the the IMA and IRMA.

The following statement can be attributed to Mark Denzler, president and CEO, IMA, and Rob Karr, president and CEO, IRMA:

“Retailers and manufacturers are concerned about the health and safety of their employees, customers, and communities. This case was first and foremost about the rule of law and we appreciate the court ruling in Sangamon County and subsequent repeal of the emergency rule by the Illinois Workers’ Compensation Commission. It was clearly an overreach and inconsistent with the traditional rule making process. If left unchecked, this rule would have subject Illinois businesses to billions of dollars in added costs at a time when many are struggling to make payroll and retain employees. Our members employ the largest number of workers in Illinois, represent the largest sales tax revenue generator for the state, and contribute the single largest share of the state’s Gross Domestic Product.”

Attorney Scott Cruz added: “We are happy for IRMA’s and IMA’s members, that the Sangamon County Circuit Court took swift - and proper - action in granting our TRO last week to enjoin the Amendments from taking effect, and we appreciate the Commission’s decision today to repeal the Amendments. At its core, this case was based on the Commission far exceeding its rulemaking authority. The substantive law of Illinois, and the wisdom of implementing it, is for the legislature, after proper discourse, and not the whim of the Commission.”

* Also yesterday…

In order to protect frontline workers, the Illinois Workers’ Compensation Commission (IWCC), adopted an emergency rule that provides a rebuttable presumption for first responders and frontline essential workers who file claims as a result of contracting the COVID-19 virus. The emergency rule passed the Commission without a dissenting vote on April 15th.

The Illinois Manufacturers Association (IMA) and the Illinois Retail Merchants Association (IRMA), backed by the insurance industry, filed a law suit against the IWCC to block the rule. Today, the IWCC withdrew the rule. The following is a statement from Illinois AFL-CIO President Tim Drea.

Statement by Illinois AFL-CIO President Tim Drea On Rescinding Workers’ Compensation Rule For COVID-19 Protection

During this state of emergency, employees are going to work at great personal risk to themselves and their families. As a result, hundreds of first responders and frontline essential workers have been infected by the COVID-19 virus as a result of their job. Sadly, some have not recovered from the disease and have died.

Employers have lobbied government to have their business declared essential and then mandated that employees show up for work – often without providing protective gear or safety supplies. In order to protect these essential workers, the Illinois Workers Compensation Commission (IWCC), with the strong support of Governor Pritzker, adopted an emergency rule to protect front line essential workers who file workers’ compensation claims as a result of contracting the COVID-19 virus on the job.

Unfortunately, employers and insurance companies have used the courts to block the rule for workers’ compensation coverage leaving workers with few options to protect themselves.

While we are disappointed with this setback and find the actions of the big business groups shameful, rest assured that the Illinois AFL-CIO will continue to fight for fair workers’ compensation protection for first responders and frontline workers who contract COVID-19 while performing their essential duties to mitigate this crisis.

* Greg Hinz

In a joint phone interview, IMA President Mark Denzler and IRMA chief Rob Karr said what’s shameful is that labor would seek to use the pandemic as an excuse to violate the law.

Though the pair conceded that existing workers comp rules generally place the burden of proof on the worker to show they were infected on the job—often through a lengthy administrative process—the proposed rebuttable presumption goes too far the other way, they said. Indeed, WCC rules allow for emergency action in needed cases, Denzler said.

“The current law is sufficient to help people based on my discussions with the commission, Denzler said. […]

Despite that, both said they’re willing to talk and Denzler appeared to hint at a possible compromise when he noted that some other states are applying the rebuttable resumption standard only to health care and first responders, not the retail and other “front-line” workers that Drea referenced.

They just threw the hospitals right under the bus. Heh.

Anyway, I get where the employers are coming from, but unions, particularly the UFCW, have been demanding higher pay for their members and want them formally treated like frontline workers when it comes to PPE and other protections because they absolutely are on the nation’s front lines. They are literally putting their lives and the lives of their families on the line every day they show up for work.

And one way or another, they’re gonna get something. The state has a Democratic governor and two Democratic super-majority legislative chambers.

It’s time to start talking.

  16 Comments      


This isn’t just about nursing home residents, it’s also about the workers

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* Gov. JB Pritzker yesterday

COVID-19 knows no county or regional boundaries. It’s clear that some people are simply looking at the number of cases in a county and not looking at the infection rate.

Of the top five counties by infection rate, two of them are downstate. In order, that’s Cook County, Jasper, Lake, Will and Randolph. Even more troubling, COVID-19 has played a role in the deaths of Illinoisans in 42 of our counties around the state. With the top two rates of death per capita being in Jasper County and Monroe County.

That means you’re more likely to die of COVID-19 if you live in either of those two counties than if you live in Chicago or in Cook County.

* Neal Earley at the Sun-Times followed up with some locals

Local officials in both counties said Pritzker’s stay-at-home measures have hurt their local economies, forcing many small businesses to close. Government leaders in Jasper and Monroe counties point to outbreaks at nursing homes in their respective areas, saying the majority of deaths come from one source.

“I mean, I’m not trying to say that they’re not concerned about what’s going on at the nursing home, because they are,” said Brian Leffler, a member of the Jasper County Board. “That’s a bad deal, and everybody’s very sorry for it, but as far as keeping the whole county shut down because of it, I don’t know if that’s the answer.”

Newton Care Center nursing home accounts for 36 of 42 reported cases and two of the three deaths from the coronavirus in Jasper County, according to the Illinois Department of Public Health. In Monroe County, Garden Place Independent & Assisted Living accounts for 29 of the county’s 64 reported cases and eight of the county’s 10 deaths from the virus. […]

Darrel Hickox, a member of the Jasper County Board, disputed the numbers from state public health officials, contending that “nobody” in Jasper County has died from the coronavirus.

He said that members of the media who report on the pandemic are “socialists, liberals and communists.”

“There has been some coronavirus here, but they was dying anyway,” Hickox said.

Aside from Hickox’ shocking inhumanity, he and others are missing the point, even though their point is pretty widespread.

* For instance, this is from Wirepoints

The general public is even less at risk when you consider that nearly 35 percent of Illinois’ deaths came from retirement homes. A WBEZ analysis found that 625 of the state’s 1,795 deaths as of April 24 were nursing home residents.

Um, no. They weren’t all residents.

* From that referenced WBEZ story

Those numbers include both nursing home residents and staff.

* And what about the Newton Care home in Jasper County? This is from last week

Newton Care Center reported three dozen confirmed cases of COVID-19 last week among its residents and employees, a spokeswoman for the nursing home stated last week.

“We are doing everything we can to ensure we stop the spread of COVID-19 within our facility,” stated Holly Morris, vice president with Ide Management Group in a news release last week. “We currently have 26 confirmed positive COVID-19 residents and 10 confirmed COVID-19 employees.

And, of course, those employees don’t live where they work. They go home to their families after their shifts are over. They or their families may then go to the store or wherever.

Point being, this virus isn’t being confined within nursing home walls.

* And working conditions are so bad at some of those facilities that employees have voted to strike

Thousands of nursing home workers across Illinois are set to walk off the job on May 8 because they say not enough is being done to keep them safe amid the COVID-19 pandemic.

They have asked for more PPE, enhanced safety protocols, hazardous duty pay and more transparency at work places about coronavirus cases regarding who has gotten sick and who has died.

Nursing homes have been hit hard with dozens of facilities across the state in the eye of the storm.

Members of the Service Employees International Union that represents 10,000 employees, such as certified nursing assistants, have delivered letters to management and owners to which they say their pleas have largely been ignored.

  41 Comments      


“It will become all one thing or all the other”

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* The Guardian

A wave of planned anti-lockdown demonstrations that have broken out around the country to protest against the efforts of state governments to combat the coronavirus pandemic with business closures and stay-at-home orders have included far-right groups as well as more mainstream Republicans.

While protesters in Michigan, Ohio, Kentucky and other states claim to speak for ordinary citizens, many are also supported by street-fighting rightwing groups like the Proud Boys, conservative armed militia groups, religious fundamentalists, anti-vaccination groups and other elements of the radical right.

* Los Angeles Times

While most of the world hungers for a vaccine to put an end to the death and economic destruction wrought by COVID-19, some anti-vaccine groups are joining with anti-lockdown demonstrators to challenge restrictions aimed at protecting public health.

Vaccine critics suffered serious setbacks in the last year, as states strengthened immunization laws in response to measles outbreaks sparked by vaccine refusers. California tightened its vaccine requirements last fall despite protests during which anti-vaccine activists threw blood on state senators, assaulted the vaccine bill’s sponsor and shut down the Legislature.

Now, many of these same vaccine critics are joining a fight against stay-at-home orders and business shutdowns intended to stem the spread of the coronavirus, which had killed more than 48,800 Americans as of Thursday afternoon.

“This is just a fresh coat of paint for the anti-vaccine movement in America, and an exploitative means for them to try to remain relevant,” said Dr. Peter Hotez, a professor at Baylor College of Medicine in Houston.

* The Daily Beast

The possibility of anti-vaccine advocates gaining a foothold in the protests against public safety laws could portend even dicier problems for government agencies ahead. Health officials have said that a vaccine for coronavirus is one of, if not the, surest ways to emerge through the crisis and return to a semblance of social normalcy. But that depends on wide-scale cultural acceptance of the vaccination—which optimistically could be 18 months away from production—and the coronavirus pandemic has drawn more online interest to anti-vaccine causes.

Jackie Schlegal, the founder of well-funded anti-vaccine group Texans for Vaccine Choice, claims that her group has received an “overwhelming influx of support” and a load of traffic from people concerned about coronavirus vaccine exemptions.

* BuzzFeed

A video of a mother arrested in Idaho at a playground that was closed under stay-at-home orders during the coronavirus pandemic has quickly gone viral, with far-right social media accounts rallying around her.

But the mother, 40-year-old Sara Walton Brady, wasn’t on the playground simply so her kids could play. Brady is an anti-vaccine activist with connections to several far-right groups in Idaho, and she was participating in an organized protest on Tuesday against the governor’s stay-at-home order.

* CapitolFax.com headline from April 29, 2019

Eastern Bloc member posts anti-vaxxer propaganda

Two guesses who it was. Click here if you’re stumped.

  33 Comments      


Open (almost) thread

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* Almost every post, every day is about the pandemic. So, let’s declare this to be a completely pandemic-free post. Write about anything else except that topic. Also, please be nice to each other. Thanks.

  70 Comments      


*** LIVE COVERAGE ***

Tuesday, Apr 28, 2020 - Posted by Rich Miller

* Follow along with ScribbleLive


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