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Legislative candidate says there’s ‘nothing special about this district over every other district’

Thursday, Jan 18, 2024 - Posted by Rich Miller

* 58th Senate District Republican candidate Wesley Kash, whose $301,000 campaign warchest is funded totally by loans from his father and grandmother, was on WJPF Radio this week to talk about his primary campaign against Sen. Terri Bryant (R-Murphysboro)

Tom Miller: We talk about these big issues, abortion, nationwide issue, weapons, nationwide issue, but when it comes to your district, the 58th District, a large district too, you probably noticed that already on the maps. Would you have a goal in mind that you could share with us today about something you want to accomplish intrinsic to your Senate district that you’re running for in the upcoming primary election?

Wesley Kash: Well, I mean, there’s nothing special about this district over every other district.

He then went on to talk about lowering state taxes and ending business as usual, and concluded, “So no, I don’t really have a specific plan for the 58th Legislative District.”

The big picture is important, but in reality, about the only thing that Republicans can accomplish in the General Assembly is to push things that specifically help their districts. Almost every legislator in both parties can support that. Sen. Bryant is good at it.

* From earlier in the interview

Tom Miller: We listened to you talk about things you’re against. That’s pretty much the line right now, except that with that Democratic majority, you would have to turn the tide and that’s a difficult item, especially when you’re in a super minority. I mean, do you have thoughts on that, the Republicans’ role in Illinois if you win and what you’re able to accomplish with the current Democrat/Republican breakdown?

Wesley Kash: Well, yeah, my thoughts were as I’ve been listening to Dan Bongino a lot and uh, well what can’t continue won’t. And apparently Chicago’s about had it with all the illegals pouring in, and I don’t know that they’ll stay blue much longer, they’ll probably start seeing that the Democrats hate ‘em up there. And we might be able to flip the state. And we need principled conservatives that haven’t been willing to play that Springfield game. We need to stand on our principles, win, lose and draw. I might not be able to get anything done at first, but we got to start somewhere. And I’d ask people to start with me right here and right now. I’m going to be a principled conservative. Getting crumbs off the Democrats’ table hasn’t been working for us so far. We vote and go along with their bloated budgets and tax increases and we’re still in a ton of debt. So that’s not working out. So I’d say even if we can’t do nothing right at the beginning, let’s let’s quit going along with them and making terrible legislation, bipartisan legislation. We could run on, ‘Look at what the Democrats are doing. Vote Republican.’

Chicago’s going to flip to the Republican Party. Right. OK.

Also, those taxes have funded a whole lot of infrastructure spending in southern Illinois, just as one example.

  30 Comments      


Isabel’s afternoon briefing

Thursday, Jan 18, 2024 - Posted by Isabel Miller

* Ben Szalinski


* Press release…

In 2023, the Illinois State Police’s (ISP) modernization of the Divisions of Patrol, the creation of Special Operation Groups focused on criminal interdiction, and the continued implementation of a data-focused command structure led to a decrease in interstate shootings and fatal crashes. These same enforcement strategies also yielded more arrests, as well as increases in gun and vehicle recoveries.

“ISP saw a growing problem in Illinois, used data and first-hand expertise to efficiently address problems, and achieved results—the absolute model of what state government can and should do for its citizens,” said Governor JB Pritzker. “The decrease in fatal expressway shootings and crashes is an important step on the road to a safer Illinois, and I thank ISP for their innovation and dedication to advancing this work.”

“As an agency, we’ve become more nimble and focused on data, making decisions based on where the greatest threats to public safety emerge, rather than following the same old pattern or habits,” said ISP Director Brendan F. Kelly. “Over the past several years, we have really demanded more of ourselves, making the tough decisions, executing, and empowering the most effective law enforcement tool there is – the well-trained, professional, crime-fighting trooper. Challenges remain, but we are headed in a good direction.”

2023-2022 Patrol Enforcement Data:

    Interstate/expressway shootings: In 2023, ISP saw a 32% decrease in reported interstate/expressway shootings from2022.
    Fatal Crashes: In 2023, ISP responded to 7% fewer fatal crashes on interstates than in 2022.
    Arrests: In 2023, ISP saw a 3% increase in patrol arrests from 2022 (6,543 arrests in 2023).
    Guns Recovered: In 2023, ISP patrol reported a 12% increase in guns recovered from 2022.
    Vehicles Recovered: In 2023, ISP patrol saw a 7% increase in vehicles recovered from 2022.

* From the Illinois Local Journalism Task Force’s report this week

Five of Illinois’ 102 counties have no local source of news, and 33 rely on just a single source, according to The State of Local News 2023, a research project led by Northwestern’s Medill Local News Initiative. The report focused on “news deserts,” which Abernathy defines as “a community, either rural or urban, where residents have very limited access to credible and comprehensive news and information that feeds democracy at the grassroots level and nurtures community.”

The five no-local-news Illinois counties are Pulaski, Alexander, Perry, Hamilton, and Edwards.

Jeff Egbert at the Perry County Weekly-Press begs to differ. “I’ve published a newspaper in Perry County for the last 14 years,” he told Rich via email.

He also pointed out that the McLeansboro Gazette operates out of Hamilton County.

* Mariah Woelfel


* Rockford Register Star

Stellantis’ estimated $4.8 billion plan to build a new vehicle at the Belvidere Assembly Plant, construct a battery production facility and establish a parts distribution “mega hub” could require what officials say is a tremendous amount of additional water, power and sewer capacity. […]

But officials say utilities would have to be extended to an area along Irene Road west of the Belvidere Assembly Plant where Stellantis has told the United Auto Workers it intends to build a $3.2 billion “joint venture” battery production facility.

Four Rivers Sanitation Authority Executive Director Tim Hanson said his office is preparing an estimated $32 million plan talked about for three decades to extend sanitary sewer lines to the area from Cherry Valley to service the Stellantis facility and any suppliers that will be needed. […]

A Winnebago County-based agency that cleans 1.5 billion gallons of sewage a year, Four Rivers has the capacity needed for the project, Hanson said. It would require an agreement in which Boone County owns the pipeline and Four Rivers Sanitation manages it, Hanson said.

How the sanitary sewer pipeline — which would have a main trunk more than 3 miles long and a diameter of up to 42-inches — and an estimated $5 million lift station in Cherry Valley would be paid for remains a question.

* Here’s the rest…

  3 Comments      


Asylum-seeker coverage roundup

Thursday, Jan 18, 2024 - Posted by Rich Miller

* Tribune

Highland Park and Deerfield joined the growing list of municipalities who have placed regulations on one-way buses dropping off 10 or more passengers.

While the ordinances are generic and apply to all one-way buses, no matter who the passengers are, the regulations come after municipalities around Chicago have experienced an influx of unscheduled buses dropping off groups of migrants at all hours of the day and night. […]

At the recommendation of the Illinois Emergency Management Agency, suburban municipalities have started to approve regulations around when and where buses can drop off one-way passengers. The rules also seek advance communication from the bus companies about expected arrival date, times and a manifest of who is on the bus.

I checked and, while IEMA has been drafting some guidance, nothing has yet been officially sent to municipalities.

* Gov. Pritzker was asked today about the fact that home rule governments are imposing some restrictions on buses (whether or not it’s constitutional) while other governments cannot. So, should there be some uniformity across the state on this?

That’s something that the legislature is looking at now and considering. It certainly seems like if one town can do it and another town can’t then we ought to have some uniformity. So that I know is being discussed in committees.

* Capitol News Illinois has a very good and wide-ranging story on what’s happening with the asylum-seekers, including this fact check

On Tuesday, a group of four conservative lawmakers announced they were filing legislation that would repeal portions of the TRUST Act, a 2017 state law that bars local law enforcement agencies from participating in federal immigration enforcement, such as by working with Immigration and Customs Enforcement agents or by detaining people based on their immigration status.

“Repealing the TRUST Act is absolutely required to solve the Illinois illegal immigration crisis and it’s the right thing to do for the citizens of this state,” Rep. John Cabello, R-Machesney Park, said in a statement.

Individuals seeking asylum, like many of the recently arrived migrants, are generally not subject to deportation through Immigrations and Customs Enforcement action.

Sen. Dave Syverson, R-Cherry Valley, also on Tuesday criticized the management of two state programs that offer Medicaid-style benefits to some noncitizen residents of Illinois. […]

The Health Benefits for Immigrant Adults and Health Benefits for Immigrant Seniors programs, which Syverson proposed cutting back, are designed for people who don’t have legal permission to be in the country and some others. Asylum seekers generally don’t qualify for those programs but do qualify for some federal benefits.

They’re not being serious people, but it’s not like anyone else has come up with a solution. Anyway, go read the rest.

* From Isabel…

  1 Comment      


Question of the day

Thursday, Jan 18, 2024 - Posted by Rich Miller

* Background is here if you need it. Tribune

Will the South Siders be playing baseball in the South Loop?

According to the Chicago Sun-Times, “serious” negotiations have taken place between the Chicago White Sox and developer Related Midwest in regard to possibly building a baseball-only stadium at Roosevelt Road and Clark Street — an area known as “the 78.”

Related Midwest owns the site. The Illinois Sports Facilities Authority — which owns Guaranteed Rate Field — has not been involved in the talks, the organization’s CEO, Frank Bilecki, told the Tribune.

“I’m not part of the discussion, at least as of yet,” Bilecki said. “I truly know nothing. I’m a landlord and they’re a tenant, and they’re looking at options as tenants do everywhere.”

* A park that close to downtown would be a great after-work draw. A cool stadium would also bring in tourists. And the view could be just tremendous

Ownership being what it is means I ain’t holding my breath on any of it.

* Gov. Pritzker has opposed public funding for a new suburban Bears stadium, but the White Sox play in a park owned by a state agency, so he was asked today whether he would support state funding for this

Nobody’s made the ask yet. So having said that, I think you know my views about privately owned teams and whether the public should be paying for private facilities that will be used by private businesses. Having said that, I mean, there are things that government does to support business all across the state, investing in infrastructure, making sure that we’re supporting the success of business in Illinois. So, as with all of the other, whether it’s sports teams, or other private businesses, we’ll be looking at whatever they may be suggesting or asking for.

* The Question: Your own thoughts on this topic?

…Adding… In response to some comments, here’s NBC 5

State taxpayers still owe roughly $50 million on bonds used to construct the stadium. The White Sox lease expires after the conclusion of the 2028 season.

  45 Comments      


Chicago Federation of Labor narrowly declines to endorse graduated transfer tax referendum

Thursday, Jan 18, 2024 - Posted by Rich Miller

* Important story from Crain’s

One of Mayor Brandon Johnson’s signature priorities — a major tweak to the real estate transfer tax designed to boost funding for anti-homelessness initiatives — has been dealt a significant setback, failing to garner the coveted endorsement of the Chicago Federation of Labor.

In a vote last week, a motion to endorse the referendum measure came up just decimal points shy of the two-thirds weighted vote necessary to receive the official backing of the federation, an umbrella organization that represents more than 300 unions in Chicago and Cook County.

The rejection came despite personal calls from Johnson to some union leaders expressing how important the issue is to this labor-friendly administration. The opposition, meanwhile, was aided by two traditionally progressive unions that represent workers who staff hotels and buildings that would be affected by the proposed increase in taxes on property sales over $1 million. […]

If [CFL President Bob Reiter] decides to allow the CFL to reconsider Friday’s vote, it would be rare and could lead to tension among labor groups. But the fact that the vote was so close and that some unions were absent from the vote because of poor weather allows an opening, sources within unions told Crain’s.

Local 150 of the Operating Engineers and Unite Here Local 1 sided with their members’ employers (real estate developers, hotel owners, etc.) and voted against it. SEIU Local 1 abstained.

* Meanwhile, the CFL endorsements contained two other bits worth noting

Cook County States Attorney
Neutral

Cook County Clerk of the Circuit Court
Maryiana T. Spyropoulos

CFL affiliates are on both sides in the state’s attorney race, ergo the neutrality. And the CFL went with the Cook County Democrats’ slated candidate against incumbent circuit court clerk Iris Martinez.

  11 Comments      


Haley uses time-worn excuse as defense

Thursday, Jan 18, 2024 - Posted by Rich Miller

* Background is here and here if you need it. The gist of NAACP Illinois State Conference President Teresa Haley’s remarks last October

But these immigrants have come over here, they’ve been raping people. They’ve been breaking into homes. They’re like savages as well. They don’t speak the language and they look at us like we were crazy, because we were the only people in America who were brought over here against our wills and were slaves, sold into slavery. But everybody else who comes over here? We’re so kind we’re so friendly. You need some clothes, you need a place to stay? We’re gonna make it happen. So brother, I feel your pain. I’m right there with you. I’m trying not to be a [N-Word] but you know, I’m pro-Black.

* Haley talked with the Illinois Times this week

Teresa Haley says her controversial comments about immigrants brought from the Mexican border to Chicago were misinterpreted and taken out of context. […]

Recalling the November Zoom call, Haley said savages isn’t a word that is part of her everyday vocabulary. She said she used the word in the video when she was summarizing and referring to the same term used by at least two other Illinois branch presidents during the meeting.

Illinois NAACP officials were airing concerns about immigrants being transported unannounced by Texas officials to impoverished, predominantly Black Chicago neighborhoods in late fall and winter.

Haley told Illinois Times she regretted repeating her peers’ comments.

“A good leader listens and summarizes what is being said,” she said. “My intent was just to simply have the conversations and let my branch presidents and leaders know, ‘I hear you. I’m listening to you.’”

I guess she has a different understanding of leadership than most.

* Back to the interview

Haley said it was “out of order” for Gov. JB Pritzker to criticize her comments and call for her to apologize.

Haley said she believes the Democratic governor’s comments were fueled by policy differences between the two, including Haley’s opposition to legalization of adult-use marijuana and the NAACP’s unsuccessful legal challenge of the new legislative redistricting map that Pritzker signed into law.

Go read the rest.

  24 Comments      


Musical pause: ‘Meant To Be’

Thursday, Jan 18, 2024 - Posted by Rich Miller

* Tribune

The Rink, a longtime roller skating rink on the South Side, has a starring role in a new music video by Chicago band Wilco, out Thursday.

The video for “Meant To Be,” a song off Wilco’s 2023 studio album “Cousin,” was filmed at The Rink, 1122 E. 87th St. The Rink was one of the birthplaces of “JB skating,” a flowing, laid-back style often skated to the music of James Brown. According to The Rink’s website, the location has been open for some 50 years and is the sole African American-owned roller skating rink in Illinois.

In the video, the skaters swirling around the band include a number of Chicagoans, according to a band announcement Thursday, including Calvin Small, an originator of JB style, and champion skater Darius Sanders.

* It’s pretty cool

  11 Comments      


It’s just a bill

Thursday, Jan 18, 2024 - Posted by Isabel Miller

* Fox 59

Indiana State Rep. Earl Harris Jr. (D-East Chicago) is looking to continue his late father’s dream of luring an NFL team to Northwest Indiana, and with the nearby Chicago Bears mulling the option of leaving Soldier Field, a short move across state lines might not be out of the realm of possibility.

Authored by Harris, House Bill 1174 proposes forming a 19-member sports development commission for Northwest Indiana and assigning the commission the tall task of enticing a professional sports franchise to set up shop in the Region.

While the bill itself doesn’t allocate any funding or target any specific teams — and is just about forming a board to develop a comprehensive plan to attract and develop a sports franchise in Northwest Indiana — there is one specific NFL team that Harris thinks Indiana can entice: The neighboring Chicago Bears.

“With the Chicago Bears looking into options for a new location, this legislation will help make Northwest Indiana a more attractive option for them and other sports teams,” Harris said.

* Rep. Curtis Tarver filed HB4485

Amends the Small Business Job Creation Tax Credit Act. Renews the program for incentive periods beginning on or after July 1, 2018 and ending on or before June 30, 2025. Removes language concerning the Put Illinois to Work Program for the second series of incentive periods. Provides that the term “full-time employee” means an individual who is employed for a basic wage for at least 35 hours each week (currently, employed for a basic wage for at least 35 hours each week or renders any other standard of service generally accepted by industry custom or practice as full-time employment). Provides that a net increase in the number of full-time Illinois employees shall be treated as continuous if a different new employee is hired as a replacement within 8 weeks after the position becomes vacant (currently, a reasonable time). Effective immediately.

* HB4491 from Rep. Laura Faver Dias…

Amends the Child Care Act of 1969. Provides that a qualified child care director must be present at the open or close of the facility. Provides that a qualified early childhood teacher who has been employed by the facility continuously for at least 24 months may otherwise be present for the first or last hour of the workday.

* Capitol News Illinois

A new bill in the Illinois General Assembly would create a board of health care experts that would have the authority to set price limits on prescription medications.

House Bill 4472 was introduced Wednesday by state Rep. Nabeela Syed, D-Palatine, and state Sen. David Koehler, D-Peoria.

Using a variety of information related to the medication’s market, including the number of people taking the medication and its out-of-pocket cost, the board would assess a price. If the board finds it to be unreasonable, it could limit the amount wholesalers, pharmacies and hospitals can bill insurers and consumers for the drug.

The bill’s sponsors said it was an effort to limit health care costs across the board.

* SB2774 from Sen. Bill Cunningham

Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board may appoint the Director of Mutuels to serve as the State director for inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees. Provides that the pari-mutuel tax imposed at all pari-mutuel wagering facilities and on advance deposit wagering shall be remitted to the Board (rather than the Department of Revenue). Provides that the Board shall distribute contributed funds to a charitable organization on a schedule determined by the Board, based on the charitable organization’s estimated expenditures related to the grant (rather than by December 31 of each year). Provides that any funds not expended by the grantee in a grant year shall be distributed to the charitable organization or charitable organizations selected in the next grant year after the funds are recovered. Repeals provisions authorizing the Board to make daily temporary deposits of certain fees and provisions requiring the Board and the Department of Agriculture to establish a program to conduct drug testing on horses at county fairs. Makes other changes. Effective immediately.

* Sen. Doris Turner filed SB2817

Amends the Counties Code and the Autopsy Act. Provides that autopsies must be performed by board-certified forensic pathologists or, if under the direct supervision of a board-certified forensic pathologist, pathology residents or forensic pathology fellows (rather than a licensed physician must perform autopsies). In the Autopsy Act, further provides that other qualified personnel or other qualified personnel selected by a board-certified forensic pathologist (rather than a physician) may perform (rather than assist) an autopsy. Further amends the Counties Code. Provides that a county in which the body of a deceased person is found shall indemnify and hold harmless a board-certified forensic pathologist who renders services under the provisions for all of the pathologist’s conduct arising out of the pathologist’s testimony as an expert witness in a criminal proceeding based on the service provided under the provisions, except actions involving willful and wanton misconduct of the pathologist. Conditions the duty of the county to indemnify a board-certified forensic pathologist who rendered services under the provisions for a judgment recovered against the pathologist upon receiving notice of the filing of the action. Provides that, if a board-certified forensic pathologist is made a party defendant to an action and the action against the pathologist is based upon the pathologist’s conduct arising out of the pathologist’s testimony as an expert witness in a criminal proceeding, then, within 10 days of service of process, the pathologist shall notify the county in which the body of a deceased person was found of the fact that the pathologist has been made a party defendant to the action. Includes requirements for the notice. Provides that the State’s Attorney of the county in which the body of the deceased person is found may appear and defend on behalf of the board-certified forensic pathologist. Effective immediately.

* Rep. Debbie Meyers-Martin filed HB4498 today

Amends the Mental Health and Developmental Disabilities Code. Provides that a voluntary recipient admitted to a mental health facility who gives a written notice to the treatment staff that the recipient wishes to be discharged from the facility may be involuntarily held at the facility if within 5 days after giving the notice, a copy of the notice and a petition and the 2 certificates executed by a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which states that the recipient is subject to involuntary admission on an inpatient basis and requires immediate hospitalization are filed with the court (rather than only the petition and 2 certificates).

* HB4479 from Rep. Dan Caulkins

Amends the Illinois Controlled Substances Act. Provides that a person who reasonably believes that another person is experiencing an overdose and knowingly fails to seek emergency medical assistance for that person is guilty of a Class 4 felony unless the person experiencing the overdose dies as a result of failing to obtain the emergency medical assistance, in which case the penalty for violating this provision is a Class 1 felony.

* HB4492 from Rep. Dave Severin

Amends the State Universities Civil Service Act. Provides that each academic year, a public university shall offer a 50% tuition waiver for undergraduate education to each child of an employee of the State Universities Civil Service System (”University System”) who has been employed by the University System for an aggregate period of at least 7 years. Sets forth requirements relating to the 50% tuition waiver. Provides that each academic year, a public university shall offer a full tuition waiver for undergraduate education to each child of a person who died while employed full time by the University System or while on leave from full-time employment. Sets forth requirements relating to the full tuition waiver. Amends various Acts relating to the governance of public universities in this State to require full undergraduate tuition waivers for the children of persons who died while employed full time by any public university or while on leave from full-time employment. Sets forth requirements relating to the full tuition waiver. Effective July 1, 2024.

* HB4487 was filed by Rep. Hoan Huynh yesterday

Amends the Acupuncture Practice Act. Provides that none of the provisions of the Act shall prevent an unlicensed person from engaging in a standardized 5-needle protocol if the person satisfies specified conditions. Provides that the treatment utilizing the 5-needle protocol shall be limited to the insertion of disposable, sterile acupuncture needles into the ear and only in compliance with the 5-needle protocol. Provides that the application or insertion of needles anywhere else on the body of another person by a person shall be considered engaging in the practice of acupuncture without a license.

  6 Comments      


Texas bus company sues Chicago in federal court

Thursday, Jan 18, 2024 - Posted by Rich Miller

* Sun-Times

A Texas-based bus company is suing Chicago, alleging discrimination in a city ordinance that controls where buses can and can’t drop off passengers.

Wynne Transportation, which has brought migrants from Texas to Chicago, filed lawsuit in federal court in Chicago. The company says the city’s rules interfere with interstate commerce.

The mayor’s office said the city doesn’t comment on pending litigation.

The city ordinance seeks to govern how and where buses can stand. Violators risk a $3,000 fine or impoundment of the vehicle.

“No owner or operator of any intercity bus shall use any designated bus stop, bus stand or passenger loading/unloading zone, or any other location, for loading or unloading of passengers, luggage or other goods without first obtaining the approval of the Commissioner,” the ordinance reads.

* Here are some excerpts. Violation of the Supremacy Clause of the U.S. Constitution

The Supremacy Clause enables Congress to preempt state law. A state law is preempted if Congress: (1) enacts a statute with an express preemption provision; (2) determines that a field must be controlled by its exclusive governance; or (3) when the state law conflicts with federal law. […]

In Villas at Parkside Partners v. City of Farmers Branch, 726 F.3d 524 (5th Cir. 2013), an ordinance that required occupancy licenses before renting was deemed to infringe on Congress’s authority over the subject of immigration. The ordinance was seen as forcing undocumented aliens to relocate, which was considered as establishing the city’s own regulations on immigration. The court held that the criminal offense and penalty provisions of the city ordinance and its state judicial review process was preempted by federal immigration laws.

Similarly, the [Chicago] Ordinance is specifically designed to prevent entry of migrants into Chicago by placing stringent requirements and harsh punishments. Therefore, the City of Chicago is creating its own policy and regulations concerning immigration, and hence, violating the Supremacy Clause.

* Violation of the Interstate Commerce Clause of the U.S. Constitution

The Ordinance interferes with trips from points outside of Illinois, and hence, it is controlled by the Commerce Clause […]

A statute or ordinance that facially applies even-handedly to in-state and out-of- state market participants may violate the Commerce Clause if it burdens interstate commerce by impacting the out-of-state participants more than their in-state counterparts. […]

Similarly, the Ordinance targets the out-of-state unscheduled intercity buses. The stringent limits placed on these buses, coupled with harsh punishment for violation of the Ordinance, are designed to force Plaintiff to use subcontractors within the Chicago-Naperville- Joliet, IL-IN-WI Metropolitan Statistical Area, instead of Texas transportation companies. […]

Additionally, a state law that has an extraterritorial effect violates the Commerce Clause. Therefore, under the Commerce Clause, a state law cannot have the practical effect of controlling conduct beyond the boundaries of the state. […]

The Ordinance punishes the transportation companies working with the State of Texas. Additionally, the Ordinance’s unreasonable permit procedures and its strict arrival time requirements dictate how the transportation companies should arrange their departure date and time in Texas and effectively prohibit cross-country travel. […]

Finally, a regulation cannot impose conditions hampering a right to pursue interstate commerce operations. … Similarly, the Ordinance is hampering Plaintiff’s right to pursue interstate commerce operations by inter alia: (1) creating strict permit procedures, which may result in 32 days delay of a trip; (2) prohibiting operation after business hours; (3) prohibiting operation during weekends; and (4) subjecting Plaintiff to significant fines and seizure of its buses for each violation of the Ordinance.

* Violation of the Equal Protection Clause of the U.S. Constitution

A. Violation of the Equal Protection rights based on the national origin, alienage, and race of Plaintiff’s passengers.

The Ordinance is intentionally discriminatory based on national origin, alienage, and race and fails the “strict scrutiny” test. Although it may be facially neutral, it has an adverse effect motivated by discriminatory animus and also was applied in an intentionally discriminatory manner. […]

The intentional discrimination is obvious from: (1) the City Council members’ proposed referendums on migrant issues; (2) the purported traffic rules that target only the migrant charter buses; and (3) comments from some city council members such as “[w]e need to set some ground rules on what is acceptable in our city, what we are willing to accept of our new guests, new arrivals.” […]

B. Violation of Plaintiff’s Equal Protection rights due to arbitrary classification.

The Ordinance treats similarly situated persons (bus companies and their passengers) differently. […]

The rules implementing the Ordinance classified the intercity buses into two categories of regularly scheduled and unscheduled intercity buses. The rules then placed stringent limits on the unscheduled intercity buses. The distinction between these two categories of buses is completely arbitrary and unreasonable.

* Violation of the Due Process Clause of the U.S. Constitution

The Ordinance violates the fundamental right of interstate travel of Plaintiff and its passengers. The Ordinance makes it extremely difficult, if not impossible, for Plaintiff to transport people across state lines from Texas to Chicago and even within Illinois.

* Violation of the Special Legislation Clause of the Illinois Constitution

An ordinance adopted by the governing body of a city must satisfy the same requirement of reasonableness that is applicable to statutes enacted by the General Assembly.

By classifying the intercity buses into two categories of regularly scheduled and unscheduled intercity buses, and then placing stringent limits on the unscheduled intercity buses, the Ordinance confers upon the scheduled buses a special benefit that is denied to the similarly situated unscheduled buses—by allowing the scheduled buses to operate absent the Ordinance’s burdensome restrictions. This violates the State’s constitutional prohibition on special legislation. […]

The Ordinance infringes on the fundamental right of travel, discriminates in favor of a select group and makes an arbitrary classification between regularly scheduled and unscheduled intercity buses. This violates the Illinois Constitution’s mandate that a general law should be made applicable to both groups.

The Ordinance on its face and/or as applied confers a special benefit or exclusive privilege on intercity buses with regularly scheduled service

Thoughts?

  56 Comments      


Open thread

Thursday, Jan 18, 2024 - Posted by Isabel Miller

* What’s going on in your part of Illinois?…

  7 Comments      


Isabel’s morning briefing

Thursday, Jan 18, 2024 - Posted by Isabel Miller

* ICYMI: Chicago releases emails detailing unsanitary conditions at Pilsen migrant shelter, officials were aware of issues. WTTW

    -The shelter was put under scrutiny in December after 5-year-old Jean Carlos Martinez Rivero fell ill and later died at a hospital.
    -Nearly two months before Martinez Rivero’s death, Ald. Nicole Lee sent an email to Johnson and top administration officials warning of the alleged conditions at the shelter.
    -Despite the stated efforts in late October, complaints about unsanitary and overcrowded conditions from migrants and the volunteers serving them have persisted to the present day.

* Related stories…

* Isabel’s top picks…

Governor Pritzker will be at the Rochester Elementary School at 10 a.m. to celebrate Smart Start investments in early childhood education, and the Peoria Heights Grade School at 12:45. Click here to watch.

* Here’s the rest of your morning roundup…

  3 Comments      


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Thursday, Jan 18, 2024 - Posted by Rich Miller

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Live coverage

Thursday, Jan 18, 2024 - Posted by Rich Miller

* You can click here or here to follow breaking news the way we’ve done since Twitter stopped ScribbleLive from working…

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« NEWER POSTS PREVIOUS POSTS »
* Isabel’s afternoon roundup
* Governor Pritzker meets with the family of Sonya Massey (Updated)
* It’s just a bill
* Showcasing the Retailers Who Make Illinois Work
* Pritzker hasn’t received VP vetting materials from Harris, but doesn’t shut down speculations that he’s interested
* Open thread
* Isabel’s morning briefing
* Selected press releases (Live updates)
* Your moment of zen
* Yesterday's stories

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