* Rep. Andre Thapedi, the chair of the House Judiciary - Civil Committee, sent a letter today to Angela Mehlbrech, the administrator of the LaSalle Veterans’ Home…
Dear Ms. Mehlbrech:
As you may be aware, the House Judiciary - Civil Committee is embarking on a fact-based investigation into the recent outbreak of SARS-Co V-2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV-2 at the LaSalle Veterans’ Home in LaSalle (hereinafter ” the Facility”). As part of that investigation, please provide me with the following information relative to personal protective equipment (hereinafter “PPE”) and other things … on or before December 9, 2020:
1. Provide the name, address, email address and telephone number for each and every vendor and manufacturer providing hand sanitizer to the Facility from January 1, 2020 to the present .
2. Provide the name, address, email address and telephone number for each and every vendor and manufacturer providing PPE (i.e . gloves, masks, gowns, face shields , etc.) to the Facility from January 1, 2020 to the present.
3. Provide the name, manufacturer, country of origin and chemical composition of all hand sanitizers purchased for and utilized in the Facility from August 1, 2020 to November 30, 2020.
4. Provide the name, manufacturer, and country of origin of all PPE (i.e. gloves, masks, gowns, face shields, etc.) purchased for and utilized in the Facility from August 1, 2020 to November 30, 2020.
5. Provide any and all rules, regulations, procedures, bylaws, standards , protocols, directives and writings of whatsoever nature relative to health screening (i.e. temperature checks, lab work, testing, etc.) for employees when they arrive at the Facility and when they exit the Facility .
6. Provide any and all rules, regulations, procedures , bylaws, standards, protocols, directives and writings of whatsoever nature relative to health screening (i.e. temperature checks, lab work, testing, etc.) for non-employees when they arrive at the Facility and when they exit the Facility.
7. Provide any and all documents, records, writings, letters, correspondence, memorandum, electronic mail, information in computer storage in printed form and other writings mentioning SARS CoV-2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV-2 that is: (A) dated from August 1, 2020 to the present; and (B) addressed to and/or prepared by the Facility.
8. Provide any and all reports generated in calendar year 2020 following on-site visits and/or inspections at the Facility by the U.S. Department of Veterans Affairs which should include, but should not be limited to, the on-site visit and/or inspection on or about November 12, 2020 at the Facility.
9. Provide any and all reports generated in calendar year 2020 following on-site visits and/or inspections at the Facility by the Illinois Department of Public Health which should include, but should not be limited to, the on-site visit and/or inspection on or about November 17, 2020 at the Facility.
10. Please identify and state the location of any of the following documents related to the SARS-CoV- 2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV-2 outbreak which either bears the name, handwriting and/or signature of the Nursing Home Administrator of the Facility (i.e. Angela Mehlbrech): (A) publications and/or literature authored by her, including publication source and reference; and (B) correspondence, records, memoranda or other writings prepared by her regarding the diagnosis of SARS-CoV-2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV-2, and its care and treatment of residents and employees of the Facility.
11. State whether there were any policies, procedures, guidelines, rules or protocols for SARS-CoV-2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV-2 that were in effect at the Facility. If so, state:
a. Whether such policies, guidelines, rules or protocols are published and by whom;
b. The effective date of said policies, guidelines, rules or protocols;
c. Which medical professionals and employees are bound by said policies, guidelines, rules or protocols;
d. Who is the administrator of any such policies, procedures, guidelines, rules and/or protocols; and
e. Whether the policies, guidelines, rules or protocols in effect at the time of the SARS-CoV-2, or COVID- 19, or Coronavirus, or any comparable moniker for SARS-CoV-2 outbreak have been changed, amended, or altered since the SARS-CoV-2, or COVID-19, or Coronavirus, or any comparable moniker for SARS-CoV- 2 outbreak. If so, state the change(s) and the date(s) of any such change(s).
If you have any questions, please do not hesitate to email me at lllinois32district@gmail.com. Sincerely yours,
Representative Andre Thapedi
Chairman - House Judiciary - Civil Committee
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* I don’t know if either person in this exchange was aware of it or not, but there’s a malicious rumor going around that Gov. Pritzker was going to put himself at the front of the line for the new COVID vaccine, whenever it’s approved and distributed. From his press conference today..
Amy Jacobson: Governor, a number of Americans are leery of a COVID vaccine and some are asking for lawmakers to get vaccinated first. Would you or Dr. Ezike be willing to do this?
Gov. Pritzker: Sure, but I wouldn’t want to jump ahead of somebody who may be more at risk than I am. But absolutely, I understand exactly the point that’s being made.
There are competing views. There’s some people who want their communities to be moved to the front of the line. And some people from those same communities would say they don’t want to take the vaccine at all. And so we’re listening to the medical ethicists, we’re listening to the epidemiologists to make sure that we’re providing the vaccine, making it available to everybody that wants to have it as fast as we humanly possibly can. And of course messaging to people will be very important.
I’m not a doctor. I didn’t review the materials that the FDA is reviewing now. I won’t be responsible for making the decisions that the FDA will make EUA for Pfizer the emergency use authorization for Moderne and others. But I do know that there are 10s of thousands of patients who are in their trials. And so the results of those very widespread trials will be important to look at to determine whether or not these vaccines are safe. I feel somewhat confident that the quality of the people who serve on the panels at the FDA is such that they would make the right kind of decision for the American people.
And here in Illinois, of course, we have a vaccine advisory team that will be reviewing that very same data right after it is released. The White House Coronavirus Task Force, I might add, had a meeting that I was, that all the governors were part of just two days ago. Andthe head of the FDA Hahn said that all of the materials will be made available to all of us to review. So I do believe that it will be safe. We’ll be able to review the data to confirm that and I hope that people will therefore get the vaccine, as they are able to see that it’s safe.
* I haven’t written much about the vaccine here because I haven’t wanted to add to all the hype, which I don’t think is all that helpful. A buddy of mine had this to say in a text exchange earlier today and I agree with much of it…
Here’s my fear. We’re talking about hundreds of thousands of people in the priority vaccination group and we’re only slotted for tens of thousands of doses initially. This is going to take time. And we haven’t even gotten to the second priority tier, which will cover millions of people and all of this relies on vaccine approval and dose deliveries that are out of the state’s control. My fear is [Pritzker] is so eager to deliver good news that he’s going to overhype this and the masses will come away thinking, it’s finally over. And then 2 things will happen. Human nature will kick in and people will drop their guard and the virus will explode … again. And people will become increasingly frustrated as the details roll out and they learn they’re not eligible for the vaccine today, or tomorrow, or the next day, or the next week or the next month.
Just wait til someone asks the question of whether we’re going to vaccinate prison inmates before restaurant workers and bartenders. (I don’t know the answer to that one, but I’m sure it’s coming). And from what I can gather, if you are a healthy, non-first responder, non-medical professional between the ages of 18 and 65 who’s healthy, you will be the very last person to get vaccinated.
And last in line might mean … July?
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* From The Hill…
“The first question was, is there a clear and unwavering group that will keep Madigan from getting 60 votes,” said Rep. Bob Morgan (D), one of the 19 who has said he will not support the incumbent. “I think that question has been answered — the answer is yes.” […]
The result of a deadlocked House, observers said, could be months of chaos if Madigan refuses to concede — at a time when a global pandemic has sickened nearly three quarters of a million Illinoisans and killed more than 13,000.
“A lot of us want to pass comprehensive social equity reforms or combat climate change or support small business that’s suffering. We have a massive budget problem at the moment,” Morgan said. “And we can’t deal with that when there’s an individual who believes that his power is the most significant question in the state.”
Ouch.
* More…
The problem the recalcitrant Democrats face, though, is that no alternative candidate has yet emerged. Up to a dozen members may be considering their own bids if Madigan surrenders, and a battle over the Speakership would expose faults among a Democratic caucus divided by race, ideology and generational lines.
“There’s not yet agreement about who should replace him, or even a front-runner,” Simpson said. “It’s going to be a free-for-all because there’s no obvious person who’s declared.”
My own opinion is that if this challenge succeeds, the next House Speaker will likely not be among the 19 declared opponents. It’ll come from the 50 or so people who have pledged their support. But that can’t happen until either Madigan steps aside or until one of those 50 figures out how to put something together on the side and then present Madigan with an ultimatum.
* Meanwhile, there are a lot of rumors floating around right now, but this may be the least believable one…
The buzz quickly shifted to whether Gov. J.B. Pritzker had anything to do with her decision given Willis’ husband, Tom Willis, was appointed by the governor to serve on the state’s Labor Relations Board. He did not, said Willis in a text to Playbook: “Governor was never informed or consulted regarding my decision.”
The governor is not going to play that game yet.
…Adding… Forgot to post this from the chair of the special investigation committee…
…Adding… From Durkin’s comments…
“I’m asking him to leave the General Assembly,” said Durkin. “All roads in this massive and wide scandal lead to Speaker Madigan. Speaker Madigan under no circumstances can continue to serve.”
Two other Republicans, Reps. Tom Demmer of Dixon and Deanne Mazzochi of Elmhurst, called on Madigan to at least testify before a special House panel about his involvement with ComEd. […]
Durkin says he was not aware of what his chief of staff may have done, but that he personally has not sought jobs. Regardless, he continued: “This is not about hiring recommendations. It’s about a nine-year hiring scandal.”
Based on court documents, Durkin said he believes further indictments against other people are on the way, but he gave no specifics.
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*** UPDATED x1 *** Question of the day
Wednesday, Dec 2, 2020 - Posted by Rich Miller
* December is the time for two holiday traditions at the ol’ blog: 1) Fundraising for Lutheran Social Services of Illinois; and 2) our Golden Horseshoe Awards.
LSSI is such an important part of Illinois, particularly in a year like this. They run a Therapeutic Foster Care program for children with histories of severe trauma and emotional/behavioral needs. They do home care for senior citizens. They have a free mental health crisis program. They collect Christmas presents for foster kids. And so much more.
So, please, click here and donate today. I’ll match the first $1,000.
* Now, about the Golden Horseshoe Awards. Since there was basically no session this year, I’m not sure that many of our categories are even relevant (best restaurant, bars, waitstaff, legislators, lobbyists, etc.). So, what would you like to do? Which categories do you think would be most appropriate? And, remember, these awards are for achievement. We don’t waste our time on negativity. No snark allowed.
My own thoughts are that we give the best agency director award to Dr. Ezike and give a huge shoutout to all the staff who have kept everything together during these crazy times and call it a day. Your thoughts?
And while you’re mulling over your answer, please click here and donate to Lutheran Social Services of Illinois. Thanks!
*** UPDATE *** We’ve already reached $1,000 so I’ve matched it as promised (unlike Tom DeVore, I keep my donation promises). Let’s keep going!
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* WBEZ…
Durkin said he is appealing to 15 “reform-minded” House Democrats to vote for him for House Speaker as more members of Madigan’s caucus gradually come forward to say they will not be voting for him to remain as speaker after January’s inauguration. He said Republicans will not be supporting a Democrat for speaker.
Leader Durkin made that comment after Michael McClain, Anne Pramaggiore, John Hooker and Jay Doherty entered “not guilty” pleas at their arraignment today.
*** UPDATE 1 *** Going about as well as I expected…
*** UPDATE 2 *** Durkin’s comments appear to have given MJM opponents something to bond with…
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COVID-19 roundup
Wednesday, Dec 2, 2020 - Posted by Rich Miller
* Center Square…
The first public hearing of the Restore Illinois Collaborative Commission focused on grants of federal dollars the Pritzker administration is administering to businesses. But one aspect of the program was labeled “abuse of power” by a commission member.
Tuesday’s hearing also gave the public a glimpse of what Republicans have characterized as short and unproductive meetings.
The hearing lasted about 70 minutes with about half the time for questions from lawmakers. The other half was a presentation about federal funds being administered to businesses through the Business Interruption Grant program.
The grants for businesses are being managed by the Illinois Department of Commerce and Economic Opportunity. Agency officials said a third party vendor helping facilitate the application process cost around $1 million. Of $270 million available, there’s about $130 million left to distribute.
DCEO Assistant Director Michael Negron said if grant recipients don’t follow the governor’s executive orders, the grants ranging from $5,000 to $150,000 could be clawed back.
“It’s something that the state is trying to communicate that in order to get the economy on a path to recovery and in order to save lives we’ve got to get the virus under control, and that requires certain measures,” Negron said.
State Rep. Dan Caulkins, R-Decatur, said that’s “government overreach and abuse of power.”
“For you to put in your contract that these businesses have to follow executive orders with no level of certainty of what those orders might be and then face clawback, it rubs me quite wrongly,” Caulkins said.
I just have no words for that.
* Once again, the federal government is forcing states to participate in a dystopian Hunger Games scenario…
Chicago health officials yesterday announced that they expect the COVID-19 vaccine could be ready for distribution by mid-December 2020. According to ABC Chicago, the CDC is expected to formally recommend that health care workers and residents of long term health facilities are first in line for vaccines, but “it will be up to state and local officials to decide where doses go first…” The state of Illinois is expected to announce a tiered plan later this week.
In response to this news, Anthony McGee, Vice President of Teamsters Local 700, the union representing nearly 3,000 Corrections Officers at the Cook County jail, issued the following statement:
“We agree 100% that initial distribution of the COVID-19 vaccine should be determined by risk of exposure to the virus. With that in mind, Teamsters Local 700 is urging city and state leaders, including Governor Pritzker, Mayor Lightfoot and Cook County Board President Toni Preckwinkle, to ensure that CCDOC Corrections Officers, and all other law enforcement officers, are among the first to receive the COVID-19 vaccine.
“CCDOC Corrections Officers have heroically put their lives on the line to protect their communities since the start of the pandemic. As the virus raged throughout the Cook County jail — labeled at one point as the top COVID-19 hot spot in America — officers continued to work long hours in confined spaces, where keeping social distance is impossible, oftentimes without proper PPE or protocols in place to keep them safe. CCDOC Corrections Officers have paid a terrible price for their service: five officers have died due to COVID, and hundreds more have tested positive for COVID-19.
“Unfortunately today, many months after the COVID-19 pandemic began, the Cook County jail is still a dangerous COVID-19 hotspot. Despite knowing for months that COVID-19 would likely spike at the jail as winter approached, Sheriff Tom Dart failed to develop a comprehensive plan to protect Corrections Officers and others in the jail from the deadly virus. COVID-19 cases have now reached their highest levels at the jail since April–and officers are still reporting that the Sheriff is failing to provide them with proper PPE and forcing others to interact with inmates who have not been wearing masks.
“Given the high risk of exposure to COVID-19 that currently exists at the Cook County jail, along with the essential work Corrections Officers do every day, it is imperative that city and state officials prioritize CCDOC officers with vaccine distribution. The wellbeing of CCDOC Corrections Officers — along with their family, friends, and the public at large — depends on it.”
* Ladies and gentlemen, my alderman…
A Springfield alderman unsuccessfully sought the removal of a newspaper reporter from city council chambers Tuesday evening, arguing that the reporter was violating his social distance.
Minutes before the Springfield City Council was set to convene, Ward 1 Ald. Chuck Redpath requested that Illinois Times reporter Bruce Rushton be restricted to the space in the back of the council chambers reserved for the media.
Redpath alleged that Rushton, who typically sits in the public seating area nestled in between the horseshoe where council members sit and the press box, was getting too close to him.
Redpath typically does not wear a face mask when seated at the horseshoe, and this trend continued throughout most of Tuesday’s meeting, with his mask either completely off or around his chin.
He later told reporters that he has a medical condition exempting him from the city’s mask ordinance. But, he declined to elaborate further.
A medical condition? A good friend of mine has asthma. She has to regularly visit her doctor for steroid shots and IV treatments. She wears a mask whenever she leaves her home and has never once complained.
* Speaking of masks…
The Naperville City Council affirmed that everyone who is medically able should wear a protective face covering in public to prevent the spread of COVID-19, but stopped short of mandating masks.
After hearing two hours of comments Tuesday from nearly 150 people, many of whom oppose wearing masks or governmental interference in their decision to cover their face, the council opted to take a positive approach rather than a punitive one.
The council initially voted 5-4 against an ordinance requiring people to mask up in Naperville anytime a 6-foot distance cannot be maintained.
Mayor Steve Chirico and council members Kevin Coyne, Patty Gustin, Paul Hinterlong and John Krummen opposed the mandate; council members Judy Brodhead, Patrick Kelly, Theresa Sullivan and Benny White voted in favor of it.
* Sun-Times live blog headlines…
Officials announced Chicago and Illinois will receive its first doses of COVID-19 vaccines later this month
Starbucks offering free coffee to health care workers, first responders
Who will get the first doses of the COVID-19 vaccine in Chicago?
Anthony Fauci optimistic that stadiums could be full by late 2021
CDC to shorten COVID-19 quarantine to 10 days, 7 with test
Celebrities, stop partying like arrogant buffoons
A national pandemic plan — finally — comes to the rescue first of health care workers and the elderly
* NBC Chicago live blog headlines…
Pritzker Recommends COVID-19 Testing for Residents Who Traveled for Thanksgiving Holiday
Physicians Urge Drug Makers to Step Up Efforts to Ensure COVID Vaccine is Safe for Children
Arwady, Pritzker Don’t Anticipate COVID-19 Vaccine Will be Mandated by Officials
Chicago Could See Coronavirus Vaccine Within the Month, Health Officials Say
Chicago Includes 46 States, Puerto Rico in Coronavirus Travel Order Update
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* Press release…
The Illinois Department of Public Health (IDPH) today reported 9,757 new confirmed and probable cases of coronavirus disease (COVID-19) in Illinois, including 238 additional deaths. Some data reported to IDPH is delayed from the weekends, including this past holiday weekend.
- Adams County: 1 male 80s, 1 male 90s
- Alexander County: 1 female 60s, 1 male 60s
- Boone County: 1 female 70s
- Bureau County: 3 males 70s, 1 female 80s
- Calhoun County: 1 female 60s
- Clay County: 1 female 70s
- Clinton County: 1 female 90s
- Coles County: 1 male 90s
- Cook County: 3 females 40s, 1 male 40s, 1 female 50s, 5 males 50s, 3 females 60s, 4 males 60s, 9 females 70s, 19 males 70s, 8 females 80s, 5 males 80s, 8 female 90s, 5 males 90s
- Cumberland County: 1 female 80s
- DuPage County: 1 male 50s, 2 males 60s, 1 female 70s, 5 males 70s, 2 males 80s, 1 female 90s,
- Edgar County: 1 male 90s
- Effingham County: 1 male 60s
- Fayette County: 1 female 70s, 1 female 80s
- Franklin County: 1 female 90s
- Grundy County: 1 male 80s, 1 female 90s
- Hamilton County: 1 male 70s
- Hancock County: 1 male 80s
- Hardin County: 1 male 80s
- Henry County: 1 male 70s, 1 female 90s, 1 male 90s
- Iroquois County: 2 males 80s
- Jasper County: 1 female 60s
- Jefferson County: 1 female 70s, 2 females 80s,
- Jo Daviess County: 1 female 60s
- Kane County: 1 male 50s, 1 male 60s, 1 female 80s, 2 males 80s, 1 male 90s, 1 male 100+
- Kankakee County: 1 female 80s, 2 males 80s, 2 females 90s
- Kendall County: 2 males 80s, 1 male 100+
- Knox County: 1 female 70s, 1 male 70s
- Lake County: 1 male 50s, 4 males 60s, 2 females 70s, 3 males 70s, 2 females 80s, 1 male 80s, 1 female 90s
- LaSalle County: 2 females 80s, 2 males 80s, 1 female 90s
- Lawrence County: 1 female 70s
- Lee County: 1 female 80s
- Livingston County: 1 female 60s, 1 female 70s, 1 male 80s, 3 females 90s, 1 male 90s
- Logan County: 1 female 80s
- Macon County: 1 female 80s, 1 male 80s, 1 female 90s, 1 male 90s
- Macoupin County: 1 female 70s
- Madison County: 1 female 80s, 1 female 90s
- Marion County: 2 females 60s, 2 females 70s, 1 male 70s, 1 female 80s, 1 female 90s
- Marshall County: 1 female 70s
- Massac County: 1 female 80s
- McHenry County: 1 female 70s, 1 female 80s, 3 males 80s, 1 female 90s, 2 males 90s
- Menard County: 1 female 70s
- Mercer County: 1 male 70s
- Monroe County: 1 female 80s
- Morgan County: 1 female 70s, 1 male 80s, 1 female 90s
- Moultrie County: 1 male 80s
- Ogle County: 1 male 90s, 1 female 100+
- Peoria County: 2 males 80s
- Perry County: 1 female 70s
- Pike County: 2 females 80s
- Rock Island County: 2 males 60s, 1 male 70s, 1 female 80s
- Saline County: 1 male 70s
- Sangamon County: 1 female 80s
- St. Clair County: 1 male 60s, 1 female 70s, 1 male 70s, 1 female 90s
- Tazewell County: 1 male 70s, 1 male 80s, 1 male 90s
- Vermilion County: 1 female 70s, 1 male 90s
- Whiteside County: 1 male 70s, 1 female 80s
- Will County: 1 female 60s, 3 males 70s, 1 female 80s, 1 male 80s, 1 female 90s
- Winnebago County: 1 female 50s, 1 male 50s, 1 male 60s, 1 male 70s, 1 female 80s, 5 males 80s, 1 male 90s
- Woodford County: 1 male 50s, 1 male 70s
Currently, IDPH is reporting a total of 748,603 cases, including 12,639 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 85,507 specimens for a total 10,699,586. As of last night, 5,764 in Illinois were reported to be in the hospital with COVID-19. Of those, 1,190 patients were in the ICU and 714 patients with COVID-19 were on ventilators.
The preliminary seven-day statewide positivity for cases as a percent of total test from November 25 – December 1, 2020 is 10.6%. The preliminary seven-day statewide test positivity from November 25 – December 1, 2020 is 12.5%.
*All data are provisional and will change. In order to rapidly report COVID-19 information to the public, data are being reported in real-time. Information is constantly being entered into an electronic system and the number of cases and deaths can change as additional information is gathered. Information for deaths previously reported has changed, therefore, today’s numbers have been adjusted. For health questions about COVID-19, call the hotline at 1-800-889-3931 or email dph.sick@illinois.gov.
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* From the Illinois Department of Veterans Affairs…
December 1, 2020
To residents, families or responsible parties, and staff of the Illinois Veterans Home at LaSalle:
We continue to be committed to communicating with you in a responsible and transparent manner about COVID-19 (coronavirus). Since our last COVID-19 update there has been one (1) additional case at our home. Also, after finding an error in my previous daily calculations, our overall numbers have been corrected. Since the beginning of the crisis we have had a total of 108 positive residents and 97 positive employees. To date, 35 residents and 76 staff have recovered from the virus. Unfortunately, we have lost an additional one (1) Veteran bringing the total number of Veterans with COVID-19 who have passed away to twenty-nine (29). We are following the latest medical guidance and are working with state, federal and local health officials to ensure the continued care for all of our residents and testing and protection of anyone potentially exposed.
As always, our top priority is the health and safety of our Veteran heroes and the devoted staff who care for them. Throughout this pandemic we have been following recommendations from state and local health officials to safeguard everyone at the facility and despite the outbreak we continue to do health screenings of staff and residents, maintain social distancing practices, wear face coverings, use gloves and gowns when indicated, and perform thorough cleaning and disinfection. We are grateful to our team for remaining highly vigilant for signs or symptoms of COVID-19 and for responding swiftly, appropriately, and professionally to any potential cases.
We understand this news can be distressing, which is why we encourage you to contact your loved ones for mutual support of one another. If your loved one has been affected by the virus, we want to offer you the opportunity to visit in person. Please understand this is a risk to your health and safety and though we will provide all the appropriate PPE, we cannot guarantee you will not contract the virus.
“Distressing.” How about terrifying?
Before the outbreak, the home had 121 residents and 230 employees.
* Pritzker’s campaign reaction after a common stomach bug outbreak happened in Quincy…
Yeah, maybe we need the same sort of energy put into addressing a problem that has killed a quarter of the LaSalle home’s residents.
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* Back in August, the Illinois Supreme Court consolidated two Clay County cases and handed them to Sangamon County Judge Raylene Grischow. Attorney Tom DeVore was an attorney of record in both - defense in Pritzker, et al. v. Board of Education of Hutsonville (a school district which refused to abide by masking and other state rules) and for the plaintiffs in Mainer, et al. v. Illinois Department of Public Health (tanning salon owner challenging the legitimacy of the executive orders).
Judge Grischow issued an order yesterday and it’s a doozy. The state’s most esteemed COVID attorney got his head handed to him on procedural and legal grounds. Let’s start with this…
Despite the Court’s order that a written response to the motion be filed, the defendants in Hutsonville - the Board of Education of Hutsonville CUSD No. 1, Christian Child Development Corporation, and Parkview Christian Academy, Inc. (the “‘Hutsonville Defendants”)- and the plaintiffs in Mainer - James and Kali Mainer (together with the Hutsonville Defendants, the “School Parties”) - elected to forego a written response. Instead, they orally opposed the State Parties’ motion at a hearing held on November 16, 2020.
* This whole thing was a procedural mess…
First, the Illinois Code of Civil Procedure requires that when a complaint is verified, “every subsequent pleading must also be verified, unless verification is excused by the court.” 735 ILCS 5/2-605. Here, the Hutsonville complaint is verified; the defendants’ answer is not. The Court did not excuse verification, and the Hutsonville Defendants did not seek leave to amend their answer in order to comply with the verification requirement. Section 2-605 requires that once a pleading is verified in accordance with the act, “every subsequent pleading must also be verified unless verification is excused by the court.” 735 ILCS 5/2-605. When a subsequently field pleading is not properly verified in accordance with the act, “it is as if the unverified pleading was never filed; it must be disregarded.” … The Hutsonville Defendants are thus deemed to have admitted all well-pleaded facts alleged in the State Parties’ complaint.
And…
Second, in paragraphs 1-2, 9-10, 16-26, 32, 35-37, 39, 43–44, and 49 of their unverified answer, the Hutsonville Defendants state that they are without sufficient information to either admit or deny the State Parties’ allegations. When defendants are without sufficient information to admit or deny an allegation in a pleading, they must “attach[] an affidavit of the truth of the statement of want of knowledge ….”735 ILCS 5/2-610(a). The Hutsonville Defendants did not attach the required affidavit to their unverified answer. Therefore, even if the answer were verified, these particular allegations of the complaint would be deemed admitted.
And…
Third, in paragraphs 27-31, 34, 38, 40–42, 45–48, and 50-54 of their unverified answer the Hutsonville Defendants state that the allegation “speaks for itself.” But ‘”[t]he failure of a defendant to explicitly deny a specific allegation in the complaint will be considered a judicial admission and will dispense with the need of submitting proof on the issue.”‘
The judge said she could’ve dismissed the whole thing right there, but couldn’t resist the fun of chasing DeVore just once around the parking lot and proceeded to deal with the substantive issues.
* For example…
The School Parties do not identify any disputed material facts relating to the pleadings in either Hutsonville or Mainer. The parties thus agree that there is no genuine issue of material fact relating to the State Parties’ motion for judgment on the pleadings. As a result, the only question here is a legal one: whether the Governor’s executive orders requiring schools to comply with certain public health measures associated with in-person instruction, and the Guidance issued jointly by the Illinois State Board of Education (”ISBE”) and the Illinois Department of Public Health (”IDPH”) detailing those measures (see Hutsonville Complaint, Exhibit 1), were lawfully issued and enforceable. The Court previously answered that question in the affirmative, and sees no reason to change its view. See August 18, 2020 Hutsonville Order Granting Temporary Restraining Order (”TRO Order”).
Oops.
* More from a footnote…
Counsel for the School Parties conceded at the November 16, 2020 Hearing that the existence of a disaster under Section 4 is not disputed.
Um. Nice move, dude.
* Statutory authority…
A comprehensive reading of the IEMAA supports the conclusion that the legislature did not intend to limit the Governor’s authority [to only one 30-day executive order per disaster].
And she referenced the bills passed by the General Assembly in May…
The legislature recognized the Governor’s authority to issue successive disaster proclamations when they amended the Unemployment Insurance Act, the Sexual Assault Provider Emergency Treatment Act, the Township Code, and the Election Code.
* Concessions have consequences…
In addition to this statutory authority, the Governor has constitutional authority under Article V, § 8 of the Illinois Constitution to take action to protect the public health. The United States Supreme Court more than a century ago in Jacobson v. Massachusetts, 197 U.S. 11 (1905), developed a framework by which to evaluate a State’s exercise of emergency powers during a public health crisis. The Court may take judicial notice of the fact-not disputed by the School Parties-that Illinois is in the middle of a public health crisis as outlined in Jacobson.
Accordingly, unless the action taken by the State Parties bears “no real or substantial relation” to the protection of public health, or is “beyond all question, a plain, palpable invasion of rights secured by the fundamental law,” neither this Court, nor any vocal citizen or school district has the authority to second guess the policy decisions made by the executive in responding to the emergency. . The Governor’s Executive Orders, as well as the Guidance, have a real or substantial relation to the protection of the public health and the public safety by attempting to minimize the spread of this deadly virus.
* And then comes the real beat-down…
The State Parties’ Motion for Judgment on the Pleadings is granted in its entirety as to both Mainer, et al. v. Illinois Department of Public Health, et al. (No. 20-CH-13) and Pritzker, et al. v. Board of Education of Hutsonville CUSD No. 1, et al. (No. 20-MR-557).
A judgment on the pleadings is similar to summary judgment. It’s explained in the ruling.
* And for good measure…
The Hutsonville Defendants are ordered to comply with the Governor’s Executive Orders and Guidance which applies to all public and nonpublic schools in Illinois serving prekindergarten through 12th grade students. This Guidance includes, but is not limited to:
a. Requiring the use of appropriate personal protective equipment (PPE), including face coverings;
b. Prohibiting more than 50 individuals from gathering in one space;
c. Requiring social distancing be observed, as much as possible;
d. Requiring schools to conduct symptom screening and temperature checks or require that individuals self-certify that they are free of symptoms before entering school buildings;
e. Requiring an increase in schoolwide cleaning and disinfection; and
f. Following any requirements as outlined in the Guidance as well as any changes that occur as a result of changing public health conditions.
This is a final judgment pursuant to Illinois Supreme Court Rule 304(a) and there is no just reason for delaying either enforcement or appeal or both of this Judgment Order.
[Link has been fixed. Sorry about that.]
49 Comments
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Thanks. I really needed that
Wednesday, Dec 2, 2020 - Posted by Rich Miller
* This story is so hilarious on so many levels that it ought to win some sort of an award…
SCOOP: If a reality TV star can be president, then there’s nothing stopping radio shock jock Erich “Mancow” Muller from running for governor of Illinois.
The former morning radio host on WLS 890-AM is “exploring” the idea of running as a Republican or Independent in 2022. “I would not be a party-first candidate but a people-first candidate,” Mancow told Playbook in a phone interview.
He says the idea of running for office grew during the pandemic when a restaurant he owns, Marchesa, began struggling. “It’s been impossible to do business. Illinois has become an unhealthy, inhospitable place. Common sense is dead in our state, and I’d like to bring it back,” Mancow said. He questions Gov. J.B. Pritzker’s handling of the pandemic, saying, “Covid numbers are greatly exaggerated and killing Chicago businesses.”
Mancow left WLS last month and has long been interested in politics. Along with talking to politicians, he’s been known to carry their banner, too. Last year, he hosted a fundraising dinner to benefit Roger Stone, the friend and former adviser to Donald Trump who was convicted of seven felonies before the president commuted his sentence this summer. […]
Though he hasn’t formed an official exploratory committee, Mancow says he’s spoken to Republicans and to independent politico Willie Wilson, who could help finance such a campaign.
Mancow wants political “wonk” Paul Vallas as his lieutenant governor. Vallas told Playbook that he enjoys talking to Mancow but he’s not interested in running on his ticket. Mancow says he’s working to change Vallas’ mind.
“Too wack for Paul Vallas” would be a fabulous campaign slogan. Also, too, if you act now and purchase our “The Pandemic is Greatly Exaggerated” t-shirt today, we’ll throw in an “I ❤️️ Roger Stone” bumper sticker for $30 shipping and handling.
Not even Illinois is that nuts.
64 Comments
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Open thread
Wednesday, Dec 2, 2020 - Posted by Rich Miller
* Please be polite to each other and keep the conversation Illinois-centric. Thanks.
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