* I was listening to this song the other night and realized it was darned near perfect for our times. It’s about a holiday spent alone this year. But “next year” all our troubles will be “out of sight” and “miles away.” It’s no surprise that the song, originally recorded by Judy Garland, was a huge hit among World War II troops stationed overseas as well as with their families back home.
We’re reassured that, in due time, “Once again, as in olden days, happy golden days of yore; faithful friends who were dear to us, will be near to us once more.” And the closing line, “So, have yourself a merry little Christmas now,” could be written today for those celebrating in solitude…
Someday soon we all will be together
If the fates allow
Until then, we’ll have to muddle through somehow
Wear a mask, keep your distance and wash your hands so you stay alive to participate in what we can only hope will be large and wondrous celebrations this time next year.
* Greg asked DeVore whether he’d paid the $1,000 bounty of footage of Pritzker celebrating Thanksgiving with friends and family. As you know, I posted a photo of Pritzker and his wife on a Zoom chat during Thanksgiving dinner. DeVore’s response…
Well one, I want to clarify that. The thousand dollars that I offered for footage from a journalist to take a picture of the governor should they see him out celebrating with friends and family. Friends and family being a generic term. I didn’t even know he had kids until I put that out. So he has kids, OK, I don’t care about that. But no, I didn’t pay it out because, again, you know I was looking for the governor. He’s using the word bounty, I didn’t use the word bounty. But no, I didn’t pay it out.
Chief of Staff Jessica Basham
300 Capitol Building, Springfield, IL 62706 (delivered via electric deliveiy)
Re: Subject Matter Hearing regarding the LaSalle Veterans Home COVID Outbreak
Dear Ms. Basham:
As Chair of the Illinois House Veterans Affairs committee, I am requesting an in-person meeting of the Committee for a Subject Matter Hearing regarding the LaSalle Veterans Home COVID Outbreak.
With the failure of SB 2135 (by one vote) on May 23, 2020, the Illinois House of Representatives is unable to conduct committee hearings in a remote virtual setting, such as Zoom. As we have seen over the summer months the Illinois State Senate, through legislation that successfully passed the Senate in May, has been able to conduct joint subject matter hearings with various House committees.
Over the weeks since the outbreak was discovered, I have requested on numerous occasions, to include the Illinois House Veterans Affairs committee in Senate Subject Matt er hearings. Joint Veterans Affairs meetings have been held in the past, most notably addressing the Quincy Home Outbreak.
The Illinois House Veterans Affairs committee needs to properly discharge the duties it is established to do. For the reasons: (1) the failure of SB 2135, (2) the denial of the Senate Veterans Affairs committee chair to allow members of the Illinois House Veterans affairs committee to participate, and (3) the extreme concern and mourning of the death of 30 Veterans in the LaSalle Veterans Home by myself and members of the committee, I have no other choice but to call for an in-person Subject Matter Hearing of the Illinois House Veterans Affairs committee during this global pandemic.
I realize it will be challenging and costly to ensure that all the proper health protocols are in place to provide for a safe environment for us to conduct business. As Chair of the committee, I will be requiring that all committee members be COVID-19 tested prior to the committee date, all members will be requir ed to wear a mask, and I am requesting that all other details regarding the meetin g adhere to the COVID safety guidelines by the Illinois Department of Public Health and the Center for Disease Control.
Thank you for your assistance with this request. I am requesting that this meeting be scheduled as quickly as possible given the seriousness of the LaSalle Veteran Home situation.
*** UPDATE *** From Rep. Kifowit…
As you posted we are in a position to only have an in-person meeting. This comes at the conclusion of a week of trying to work with the Senate collaboratively, to no avail. I would like to thank Rep Thapedi for his inquiry as well. The situation is multi-dimensional and I believe his committee will look at this situation through a different lens of the Judiciary - Civil Committee. While in some areas might overlap, it is worthy of inquiry and I welcome it. I have spoken to staff and we will be posting the meeting as soon as we can confirm a reasonable date to ensure all protocols can be followed for the safety of all involved.
The judge has also spoken about COVID-19, Vrdolyak's advanced age and his good works. However, he also said he finds it "impossible to believe" Vrdolyak didn't understand a levy sent to him by the IRS regarding his co-defendant's taxes.
Finally, Vrdolyak speaks briefly to the judge. He takes off his mask, apologizes, and says, "what happened was my own fault and I take full responsibility."
What tripped up Vrdolyak this time was possibly the sweetest score of his career, finagling a piece of Illinois’ giant class action settlement against tobacco companies, which to date has paid him more than $12 million.
How exactly he managed that without actually working on the case remains unclear, despite pages and pages of documents filed by both sides offering partial explanations of how a Seattle lawyer, hired by then-Attorney General Jim Ryan to represent the state, gave Vrdolyak a 10% cut.
That’s really all I’ve ever wanted from this case, not another pound of flesh but the truth of how he pulled it off, in Vrdolyak’s own words. And sadly, I’m not expecting it to emerge at sentencing.
The great irony is Vrdolyak was never charged with taking the money. Hell, he even paid taxes on it all along.
His mistake was in failing to respond honestly to an IRS levy trying to recover funds from a co-conspirator, Daniel Soso, who was trying to avoid paying taxes on his share of the fee Vrdolyak was splitting with him.
Vrdolyak got too cute in his efforts to mislead the IRS — and ended up pleading guilty to aiding Soso in his tax evasion. Now Judge Robert Dow controls his fate.
* The Question: Your thoughts on Ed Vrdolyak’s second prison sentence?
The Illinois Department of Public Health (IDPH) today reported 10,526 new confirmed and probable cases of coronavirus disease (COVID-19) in Illinois, including 148 additional deaths.
- Adams County: 1 male 90s
- Boone County: 1 female 70s, 1 male 70s, 1 male 90s
- Champaign County: 1 female 80s, 1 male 80s, 1 male 90s
- Christian County: 1 male 90s
- Coles County: 1 male 80s
- Cook County: 2 females 40s, 3 females 60s, 4 males 60s, 3 females 70s, 5 males 70s, 4 females 80s, 5 females 90s
- Crawford County: 1 female 70s, 1 female 90s
- Douglas County: 1 female 70s
- DuPage County: 1 male 30s, 3 females 60s, 1 male 60s, 1 female 70s, 1 male 70s, 2 females 80s, 1 male 90s, 1 female 100+
- Edwards County: 1 female 90s
- Effingham County: 1 female 70s, 1 female 80s
- Fayette County: 1 male 70s
- Ford County: 1 male 80s
- Franklin County: 1 female 70s, 1 male 90s
- Fulton County: 1 male 80s
- Greene County: 2 females 80s
- Grundy County: 1 male 70s
- Iroquois County: 1 female 70s
- Johnson County: 1 female 60s
- Kane County: 1 female 60s, 1 male 60s, 1 female 70s, 1 male 80s
- Kankakee County: 1 male 40s, 1 female 70s, 1 female 80s
- Kendall County: 1 male 70s
- Knox County: 1 male 90s
- Lake County: 1 male 60s, 1 male 70s, 4 males 80s
- LaSalle County: 2 males 70s, 2 females 90s, 1 male 90s
- Logan County: 1 male 60s, 1 male 70s
- Macon County: 1 female 60s, 1 male 60s, 1 female 70s, 1 female 80s
- Macoupin County: 1 male 80s, 1 female 100+
- Madison County: 1 female 70s
- Mason County: 1 female 80s, 1 female 90s
- Massac County: 1 female 80s, 1 female 90s
- McHenry County: 1 female 50s, 1 female 90s, 1 male 90s
- Ogle County: 1 female 80s
- Peoria County: 1 male 70s, 1 male 80s, 1 female 100+
- Perry County: 1 male 80s, 1 male 90s
- Randolph County: 2 females 90s
- Rock Island County: 1 male 50s, 1 male 60s, 1 female 70s, 1 female 80s, 1 male 80s, 1 female 90s
- Sangamon County: 1 male 70s, 1 female 70s, 1 female 100+
- Shelby County: 1 male 80s
- St. Clair County: 2 males 70s, 1 female 80s, 1 male 80s, 1 male 90s
- Stephenson County: 1 male 70s, 1 male 80s
- Tazewell County: 1 female 70s, 1 female 80s, 1 female 90s
- Vermilion County: 1 female 90s
- Warren County: 1 male 80s
- Washington County: 1 male 70s
- Wayne County: 1 female 60s, 1 female 80s
- Whiteside County: 1 male 50s, 1 female 90s
- Will County: 1 male 40s, 3 males 60s, 1 female 70s, 3 males 70s
- Winnebago County: 2 females 70s, 3 males 70s, 1 female 80s, 1 male 80s
Currently, IDPH is reporting a total of 770,088 cases, including 12,974 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 112,634 specimens for a total 10,918,998. As of last night, 5,453 in Illinois were reported to be in the hospital with COVID-19. Of those, 1,153 patients were in the ICU and 703 patients with COVID-19 were on ventilators.
The preliminary seven-day statewide positivity for cases as a percent of total test from November 27 – December 3, 2020 is 10.3%. The preliminary seven-day statewide test positivity from November 27 – December 3, 2020 is 12.1%.
*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.
Southern Illinois University Carbondale will bestow an honorary Doctor of Community Health degree on Dr. Ngozi Ezike, the Illinois Department of Public Health director who has guided the state’s response to the COVID-19 pandemic month after grueling month.
The SIU Board of Trustees approved awarding of the honorary degree at its Thursday meeting, upon the request of Chancellor Austin Lane.
Ezike, the resolution stated, in part, “has widely been praised for her dedicated efforts as part of a leadership team within the State of Illinois to address the COVID-19 pandemic and its impact on the citizens of the Land of Lincoln.” Quoting from a New York Times profile on Ezike, SIU also highlighted her “trained eye on the most vulnerable, including essential workers, many of whom are from minority communities.”
* The New York Times has developed an app to give you a preliminary and rough guesstimate of where you are in the line to receive a vaccine. Click here…
Nearly 213,000 new coronavirus cases were reported across the United States on Thursday, the highest figure yet. And at least 2,500 covid-19 deaths were reported for the third consecutive day, marking the deadliest stretch since the pandemic began.
But the government’s top infectious-disease expert said the record-setting surge doesn’t fully account for the expected increases after Americans traveled and gathered for Thanksgiving. “We have not yet seen the post-Thanksgiving peak,” Anthony S. Fauci said Friday. “That’s the concerning thing, because the numbers in and of themselves are alarming.”
* And that claim is downright scary when you see numbers like this…
Region 3, which includes Springfield, has just *15* ICU beds available. The region encompasses 18 counties https://t.co/f8RZSj2gxJ
* Speaking of Springfield, the alderman said earlier this week that he had asthma. Nope…
Springfield Alderman Chuck Redpath says he will now wear a mask during City Council meetings, or will participate via Zoom, after the controversy this week when Redpath got angry over a reporter that he felt was too close to him while Redpath was maskless.
Masks are required in the Council chambers under the city’s mask mandate ordinance, but Redpath says a breathing problem makes it uncomfortable for him to wear one throughout the meeting. But he now concedes that he doesn’t specifically have a medical exemption to not wear a mask.
Ward 1 Alderman Chuck Redpath asked Langfelder this week to return to indoor service with a 25 percent capacity limit, but the mayor says concerns about coronavirus cases and the strain on hospitals are valid, so for now he says the prohibition will remain in place. […]
If indoor dining can’t resume, Redpath says at least businesses should be allowed to reopen their video gaming areas, where people can wear masks while they’re playing, in order to generate some revenue.
How are they gonna do that when the state has shut off the terminals, Chuck? Sheesh, man. Give it a rest, already.
Thapedi said he was withholding judgment on Pritzker’s actions or the performance of Illinois Department of Affairs Director Linda Chapa LaVia, with whom he served in the Illinois House for a decade.
But Thapedi said using the power of the committee to investigate the handling of the outbreak and its root causes is his obligation as committee chair.
“It’s definitely a legal matter, a civil legal matter, and definitely within the province of the Judiciary - Civil committee,” Thapedi said. “I have a duty and responsibility to the people of the state to make sure that all civil-related matters are addressed by our committee at a bare minimum.” […]
In his letter to House officials, Pritzker and Attorney General Kwame Raoul advising of the investigation, Thapedi called the massive outbreak and resulting deaths “deplorable” and said preliminary reports released by the Pritzker’s administration “show a pattern of conduct indicative of wanton disregard” for the health and safety of the LaSalle home’s residents.
* More from Hannah…
Here's a visual representation of when the LaSalle Veterans' Home reported new infections among residents and staff members, and eventually deaths among residents. It was a steep upward climb in early November before @IDPH and @DeptVetAffairs made site visits to the facility. pic.twitter.com/m97w26eZX2
Edwardsville officials are getting serious about their mask mandate.
The City Council passed an ordinance Tuesday night that provides a way to enforce a Nov. 17 executive order by Mayor Hal Patton, requiring people to wear face coverings in public to slow the spread of the coronavirus.
The ordinance allows violators to be ticketed by local police and fined $25 to $250. In addition, owners or managers of businesses, stores and venues can be fined $50 to $500 for not enforcing the mandate on their properties.
Illinois Secretary of State Jesse White is announcing that Driver Services facilities statewide will remain closed for in-person transactions until Monday, Jan. 4, 2021, due to the continuing COVID-19 pandemic. White is reminding the public that expirations for driver’s licenses and ID cards have been extended until June 1, 2021.
Expanded Online Services
White also has expanded online services for the public, which they can take advantage of by visiting www.cyberdriveillinois.com. Some of these services include:
• Renewing a license plate sticker;
• Renewing a valid driver’s license for qualifying drivers;
• Renewing a valid ID card for those age 22-64 (seniors 65 and older have free, non-expiring IDs);
• Obtaining a driver record abstract;
• Filing Business Services documents, such as incorporations and annual reports; and
• Customers with issues involving administrative hearings may contact adminhearings@ilsos.gov.
Select Facilities Open to Serve New Drivers ONLY
In addition, White announced that the following facilities will be open for new drivers ONLY:
Bradley, 1111 Blatt St.; Charleston, 1010 E. St.; Chicago North, 5401 N. Elston Ave; Chicago South, 9901 S. Dr. Martin Luther King Jr. Dr.; Danville/Tilton, #5 Southgate; DeKalb, 1360 Oakwood St.; Marion, 1905 Rendleman St.; Mascoutah, 9221 Beller Dr.; Moline/Silvis, 2001 Fifth St., Ste. #10; Olney, 1302 S. West St.; Peoria, 3311 N. Sterling Ave., #12; Princeton, 225 Backbone Rd. East; Quincy, 2512 Locust St.; Rantoul, 421 S. Murray Rd.; Rockford, 4734 Baxter Rd.; Salem, 1375 W. Whittaker St.; and Springfield, 2701 S. Dirksen Pkwy.
Chicago North and Chicago South facilities will be open for new drivers only Tuesday through Friday from 7:30 a.m. to 4:30 p.m. The other facilities listed above will operate under normal hours.
Select Facilities Open to Serve CDL Applicants ONLY
White also reiterated that 18 CDL facilities remain open for CDL written and road exams. These CDL facilities include:
Bradley, 1111 Blatt St.; Charleston, 1010 E. St.; Danville/Tilton, #5 Southgate; DeKalb, 1360 Oakwood St.; Elk Grove Village, 650 Roppolo Dr.; Marion, 1905 Rendleman St.; Mascoutah, 9221 Beller Dr.; Moline/Silvis, 2001 Fifth St., Ste. #10; Olney, 1302 S. West St.; Peoria, 3311 N. Sterling Ave., #12; Princeton, 225 Backbone Rd. East; Quincy, 2512 Locust St.; Rantoul, 421 S. Murray Rd.; Rockford, 4734 Baxter Rd.; Salem, 1375 W. Whittaker St.; South Holland, 41 W. 162nd St.; Springfield, 2701 S. Dirksen Pkwy.; and West Chicago, 1280 Powis Rd.
“Commercial truck drivers provide essential services by ensuring goods can be transported safely and efficiently throughout the state and country during this pandemic,” White said.
CDL driving tests are by appointment only by calling 217-785-3013.
Seven Facilities Offering Drive-thru Services for License Plate Stickers
Lastly, White again reminded the public that seven facilities will continue offering drive-thru services for license plate sticker transactions ONLY. These facilities were selected due to the configuration of the buildings that allowed for drive-through transactions. The seven drive-through facilities are: Chicago North, 5401 N. Elston Ave.; Chicago South, 9901 S. Dr. Martin Luther King Jr. Dr.; Chicago West,5301 W. Lexington St.; Danville/Tilton, #5 Southgate; Macomb, 466 Deer Rd.; Rockford-Central, 3720 E. State St.; and Springfield, Dirksen 2701 S. Dirksen Parkway.
Expanded Online Renewals for Driver’s Licenses and ID Cards
In an effort to reduce future facility visits for in-person service, White has expanded online renewals for driver’s licenses and ID cards. Not everyone qualifies, particularly those who are required to pass a written or road test. For qualifying drivers, if the driver’s license or ID card expired between Feb. 1, 2020, through Jan. 31, 2021, then the individual will receive a letter this month with a unique PIN needed to renew online. If the driver’s license or ID card expires after Feb. 1, 2021, the individual will receive the PIN letter approximately 90 days before the expiration date. For more information on determining whether an individual qualifies for online renewal, visit www.cyberdriveillinois.com and click on “Read more on how to renew your driver’s license or ID card online” near the top of the main page.
Thousands of customers have already taken advantage of the expanded driver’s license and ID card online renewal program, which results in fewer customers waiting in person at Driver Services facilities once they reopen.
“As the health and safety of employees and the public are paramount, we decided to extend the closure of Driver Services facilities until Jan 4, 2021, due to the continuing COVID-19 pandemic,” said White. “Unfortunately, face-to-face transactions potentially increase the further spread of the virus, and protecting the health and safety of our residents is my top priority. We have extended expiration dates to assist people during this difficult time. We are also offering services to CDL holders and new drivers at select facilities. In addition, I am encouraging customers to consider using online services that are available for many office transactions.”
All other Secretary of State departments are open to serve the public. Check www.cyberdriveillinois.com for more information.
The Illinois State Board of Elections on Friday certified the results of the Nov. 3 General Election, which featured the highest statewide turnout since 1992 and set records for total number of votes cast and total registered voters.
Despite being held amid the coronavirus pandemic, the 2020 General Election saw 6,098,729 voters cast ballots, exceeding the 2016 total of 5,666,118, which was a record at the time. There were a record 8,364,099 active registered voters eligible to participate in the election, surpassing the 2016 record of 8,029,847.
Turnout was 72.92 percent, the highest statewide voter turnout since the 1992 general Election’s 78.24 percent and more than 2 percentage points higher than in 2016.
Official vote totals for the 2020 general elections can be found on the SBE website’s Election Results page. The official Vote Totals book is available as a downloadable pdf file in the Vote Totals section of the website’s publications page.
As the coronavirus pandemic intensified following the March 17 primary, the Illinois General Assembly passed an election bill that enacted many special provisions to ensure a safe General Election for voters and poll workers. Chief among these was an emphasis on voting by mail that resulted in a record number of Illinois voters casting ballots without entering a polling place.
Likewise, promotion of early voting to mitigate potential Election Day crowding led to an unprecedented number of votes cast during Illinois’ 40-day early voting period.
Based on pre-election ballot reports, SBE estimates that the total statewide vote was split roughly evenly between early voting, voting by mail and in-person voting on Election Day, each accounting for about 2 million votes. Board staff is currently collecting data from the state’s 108 local election authorities that will provide a more precise summary of voting trends in the 2020 general election. That data will be submitted to the U.S. Election Assistance Commission in early 2021 for inclusion in the Election Administration and Voting Survey. […]
“The strong turnout in this election is a testament to the voters of Illinois and the state’s 108 local election authorities,” said SBE Executive Director Steve Sandvoss. “Amid a historic public health crisis that presented a formidable obstacle, the election community statewide rose to the occasion.”
The Fair Tax failed, the Yes vote only received 46.73% support. Because of the low dropoff rate it could have passed if the Yes vote had reached 53.10% support (assuming my math is correct).
The number of Americans applying for unemployment benefits fell as the nation celebrated Thanksgiving last week to a still-high 712,000, the latest sign that the U.S. economy and job market remain under stress from the intensified viral outbreak.
Thursday’s report from the Labor Department said that initial claims for jobless aid dropped from 787,000 the week before. Before the virus paralyzed the economy in March, the number of people applying for unemployment benefits each week had typically amounted to roughly 225,000. The chronically high pace of applications shows that nearly nine months after the pandemic struck, many employers are still slashing jobs.
“Thanksgiving seasonals likely explain the drop’’ in jobless claims last week, Ian Shepherdson, chief economist at Pantheon Macroeconomics, wrote in a research note. “Expect a rebound next week.’’
The Illinois Department of Employment Security reported 74,131 new unemployment claims were filed across the state last week, the week of Nov. 22. That is up 13 percent from the week before.
About 10 percent of the national total yet again.
* There is clearly something amiss here. The governor has blamed the inordinately high numbers on fraudulent claims. CBS 2 reports that “roughly 297,000 people in Illinois” are “lumped into the IDES’ fraudulent claims pile.”
Illinois has lost more than a third of its small businesses since the beginning of the year, according to TrackTheRecovery.org. […]
The data compiled by Harvard and Brown universities and the Bill and Melinda Gates Foundation shows as of Nov. 16, 2020, the number of small businesses open decreased by 35.4 percent compared to January of this year.
The national average businesses not open compared to January is 28.9 percent fewer. Washington D.C. had the worst loss at 47.1 percent fewer small businesses. Nebraska and North Carolina had the best showing at 20.5 percent fewer.
Small business revenues have also taken a hit nationwide. The national average is a decrease of 32.1 percent in small business revenue since January. Washington D.C. had the worst loss in the nation at 61.6 percent. Oregon small businesses lost 16.3 percent. Illinois small businesses saw 39.2 percent decline in revenue since January.
[Headline changed to reflect an error on my part. I’ve donated more money to Lutheran Social Services of Illinois. This week needs to end before I go broke /s]
*** UPDATE *** Press release…
With identity fraud tied to unemployment claims in Illinois at an all-time high, Illinois State Representatives Tom Bennett (R-Gibson City), Terri Bryant (R-Murphysboro), and Mike Murphy (R-Springfield) held a press conference Friday and said Governor Pritzker needs to stop pointing fingers and start proposing solutions.
Since March, more than 212,000 fraudulent claims have been filed with the Illinois Department of Employment Security (IDES). Most fraudulent activity involves unemployment benefit debit cards with money on them that are being received by Illinoisans who did not file for benefits, or business owners who cannot obtain Pandemic Unemployment Assistance (PUA) funds because their identities were stolen and money due to them was channeled to a cyber-hacker.
“Governor Pritzker continues to blame the federal government for his department’s failings, but it’s time for JB Pritzker to take responsibility for the fact that his IDES has failed at every turn during the COVID-19 pandemic,” said State Rep. Terri Bryant (R-Murphysboro). “Rather than continuing to play the blame game, the Governor needs to fix this failed system once and for all and share with the General Assembly his plan to protect the identities of Illinoisans at risk of having their personal information compromised.”
State Rep. Tom Bennett (R-Gibson City) said Illinoisans who receive no help or no callbacks from IDES are turning to their legislators for assistance, often in a state of desperation. “Helping constituents who are having difficulties applying for benefits and receiving answers from IDES has become the number one issue which I and my district office staff have been spending time on since the outbreak began in March,” said Bennett. “Meanwhile groceries still have to be bought and bills still have to be paid while the applicants wait. The delays and failures at IDES are unacceptable. Government must do better!”
While the Attorney General’s Office recommends that all people use strong account passwords, monitor their credit reports, register for fraud alerts by text or email, and pay close attention to all financial accounts, Rep. Mike Murphy (R-Springfield) said that’s not nearly enough, and that state government needs to do more to protect people from fraud. “Telling families who need to put food on the table to monitor their credit reports for potential unemployment fraud is a completely unacceptable abdication of the government’s responsibility to the people,” said Murphy. “Then telling victims who are just trying to stay afloat to repay the government for its failure to protect against fraud adds serious insult to injury. We are long overdue for public hearings, the legislature needs to convene and concrete answers to address the ongoing problems at IDES must be provided.”
Jim Oberweis, candidate for Congress in the 14th District, is issuing the following statement on the discovery recount his campaign has formally launched.
“Today my campaign has formally initiated the process to begin a discovery recount. We are seeking a discovery recount in each of the seven counties within the 14th Congressional District. A discovery recount does not change a single vote, but it does allow us to see if the outcome might change with a full recount. Election law provides campaigns the ability to request a discovery recount in close elections. As we have said for the last few weeks, we would be seeking a discovery recount and the first of these recounts have been formally filed in DuPage County. We will be filing paperwork in the other counties in the coming days.”
Unofficial totals showed Underwood, of Naperville, with 203,209 votes, or 50.7%, compared with 197,835 votes for Oberweis, or 49.3%, in the west and northwest suburban and exurban district. […]
A discovery recount involves a partial sample of votes cast in the congressional district, which includes DuPage, DeKalb, Kane, Kendall, Lake, McHenry and Will counties. Unofficial results showed Underwood winning in all but McHenry and DeKalb counties.
If results from a discovery recount differ, the result of the election would not automatically change. But the recount could be used as the basis for a court challenge to the election results.
Needless to say, don’t expect a change in the end result. A 1.4 percentage point lead doesn’t just vanish.
*** UPDATE *** Press release…
Lauren Underwood for Congress released the following statement in response to news reports regarding Jim Oberweis’ pursuit of a discovery recount. This statement is attributable to Underwood spokeswoman Andra Belknap:
“The votes in this race have been counted and Mr. Oberweis lost. As he has acknowledged, a discovery recount cannot change the outcome of this election. Congresswoman Underwood is in Washington focused on the job she has been elected to do.”
Embattled House Speaker Michael Madigan, his bid for reelection to the post in jeopardy, will appear Saturday at a “candidate’s forum” hosted by one of his most loyal constituencies — the House Black caucus.
With 19 of the projected 73 Democrats who will sit in the next session of the House opposing Madigan’s reelection — leaving him six short of approval — the move by the nation’s longest-serving speaker is aimed at both shoring up and demonstrating support from a highly active caucus of House Democrats.
So far, of the Black caucus’ 22 members, only Rep. Maurice West of Rockford has said he will not vote for Madigan’s reelection as speaker, a post the Southwest Side Democrat has held since 1983 with the exception of two years in the mid-1990s when Republicans controlled the chamber. […]
The Black caucus traditionally meets prior to the inauguration of a new legislature to elect a member for the House Democratic leadership team. But one caucus member said privately that the meeting’s role this year was expanded to include the speaker candidate’s forum as a way to provide Madigan with a formidable reelection endorsement.
Members of the House have until noon Friday to make their interest known to Rep. Camille Lilly, D-Chicago, who chairs the caucus, according to the release. The forum was first reported by Capitol Fax.
Steve Brown, a spokesman for the speaker, said Madigan plans to take part.
Lilly said it will be a private forum for the candidates.
“We wanted to open it up to those who are interested [in being speaker] and we wanted to make ourselves available,” Lilly said.
*** UPDATE 1 *** I meant to include this here and forgot. Pearson was interviewed by CNN about Madigan. Here’s one exchange…
Cillizza: Finish this sentence: “In January the next Speaker of the Illinois state House will be ________.” Now, explain.
Pearson: I don’t mean to weasel out here but this is very much an open question. In the past, there were heirs apparent to Madigan should he have stepped down. But Madigan has outlasted them. The women’s caucus is sizable and has now become a political force. The Black caucus in the House has always been influential. Progressives have become a larger factor in the chamber and they will want to be represented. Members of Madigan’s current leadership team want consideration.
*** UPDATE 2 *** Press release…
“The Illinois Legislative House Black Caucus will host a forum for all interested candidates for House Speaker on Saturday, December 5th. At noon today, we received the final list of interested candidates who wish to appear and present their leadership credentials to the caucus members. We are committed to a transparent and open process. We look forward to hearing from all those interested and providing an opportunity for the caucus members to make the best decision that represents our collective constituency and residents of Illinois. This is strictly a forum.” - Rep. Camille Lilly, Chair - Illinois Legislative House Black Caucus
* You know the drill. Illinois-centric and polite. And if you haven’t yet contributed, please click here and contribute to Lutheran Social Services of Illinois. Thanks for everything.
The days of Boone’s Saloon are over, as new owners Mike Zengilani and Chris Stone are closing the popular bar and grill on College & Edwards to give it a re-branding.
The new venture will be simply called Boone’s. Zengilani will draw from his ten years of experience at Cafe Moxo to tweak the menu, while plans also include an expanded outdoor beer garden. Already considered one of the best beer gardens in Springfield, the new Boone’s will have more space in the garden, as well as video gaming.
Stone told me yesterday they’re dropping the Confederate dish names from the menu. That’s a relief.
Oak Park Democrat Don Harmon has the support of the Illinois Senate Democratic Caucus to be Illinois Senate President in the 102nd General Assembly.
“I am honored and humbled to have the support of my colleagues to serve as president of the Illinois Senate. We have a fantastically talented collection of Senate Democrats who are ready to make their mark, solve problems and lead Illinois through an upcoming year that will be filled with both challenges and accomplishments,” Harmon said after the vote.
Senate Democrats caucused virtually Thursday regarding the upcoming session.
The Illinois Senate Democratic caucus will have 41 members for the 102nd General Assembly, which is scheduled to begin on Jan. 13, 2021. One of the first official actions of a new General Assembly is to elect the Senate President and minority leader posts. In the Senate, the governor presides over the chamber until the Senate President is elected.
Harmon was elected Senate President earlier this year by his colleagues to serve out the remainder of the two-year leadership term previously held by Sen. John Cullerton, who retired from office at the start of 2020.
During Harmon’s first session as Senate President, the COVID-19 global pandemic forced the cancelation of much of the 2020 spring legislation session. Faced with ongoing public health concerns regarding large gatherings, the Senate embraced technology and in May adopted official rules for online hearings so the Senate’s work could continue. In the wake of George Floyd’s murder and Black Lives Matter marches, the Legislative Black Caucus under the leadership of Senate Majority Leader Kimberly A. Lightford quickly embraced the new online Senate committee process and launched a series of hearings on racial and social justice in an effort to build a legislative agenda to address systemic racism in Illinois.
Harmon, 54, was first elected to the Illinois Senate in 2002. He lives in Oak Park with his wife Teresa. They have three children. He has a BA from Knox College in Galesburg, and a law degree and MBA in economics from the University of Chicago.
Harmon is an avid guitar player and founding member of the bipartisan Boat Drink Caucus band.
Speaker Madigan is currently embroiled in a reelection battle, Senate Republican Leader Bill Brady was ousted by his caucus and House GOP Leader Jim Durkin defeated a challenge. Harmon won his chamber’s top job a year ago after a bitter battle, but he had an easy ride to a full term.
Hundreds of people crowded into a hotel ballroom on Wednesday, toasting newlyweds.
But in the middle of a pandemic, how is that allowed? That is what we wanted to know, too. So CBS 2’s Charlie De Mar headed to the Hilton Chicago/Northbrook to find out.
The wedding at the hotel could be described as a potential COVID-19 super-spreader event, and on the same day Illinois hit the grim milestone of 238 deaths in one day – the most since the start of the pandemic. The national death toll was also a record for a single day.
The bride walked into a room filled with hundreds on her special day. All eyes were on her, and no masks were on to block the smiles.
At the Northbrook Hilton, where they promise a cleaner stay in the age of COVID, we saw no social distancing at the wedding – and the groups of people walking about without masks. Only a sparing number of people covered up.
* From the Illinois Hotel & Lodging Association…
“The large gathering that was allowed to take place at the Hilton Chicago/Northbrook is unacceptable and does not reflect the careful efforts the hotel industry as a whole has taken since the onset of the pandemic to protect guests, employees and our communities. When I found out about this situation, I subsequently contacted public health officials to determine the appropriate next steps and reminded hotel management that they must abide by the Tier 3 mitigations and safety protocols to ensure the health of their employees and guests. In addition, we have reached out to our hotel membership across the state to once again stress the importance of abiding by all health and safety guidelines. The hotel industry is committed to working with policy makers and public health officials to ensure this situation is not repeated,” said Michael Jacobson, president & CEO, Illinois Hotel & Lodging Association.
Dr. Rachel Rubin, senior medical officer and co-lead for the Cook County Department of Public Health said during a news conference Thursday that she felt “profound dismay” after hearing about the wedding.
“This event should not have happened,” she said. “It’s put a lot of individuals in danger.”
County officials said they are now investigating. According to the health department, violations of the state order banning indoor dining and other indoor congregations such as this could lead to arrest, a fine of $1,000 per offense and further actions.
Well first of all, I’m deeply concerned for the people who attended that wedding. I understand that people were in very close proximity to one another. I understand that those people will go home, or back into their communities and may in fact have infected other people.
And this is very concerning to all of us at a moment when we have rampant COVID-19 throughout Illinois community spread. Here we have people, who are in a concentrated fashion, have the ability now to go spread it to everywhere that they return to so I’m deeply worried for them and for the communities that they return to for their families and so on. I hope that each of them will isolate and get a test.
Now, as far as what should happen, what we’ve done, we contacted the Cook County Health Department and other authorities in Cook County as well as the city of Chicago. And we’ve made sure that they’re following up on this. It is their local enforcement that is very important to us and they are indeed doing just that I saw in the latest news story that Cook County is now following up with potential legal action law enforcement action. So we’ll have to see what follows here, but I certainly want to encourage them to do that. We’ve put in place the rules and regulations for them to follow to follow up on this.
It’s very irresponsible and it’s also irresponsible of the hotel to host an event like that. They too have breached the rules, and they should be held responsible.
Monday, December 14, 2020 at 7 PM EST
Thelma Keller Convention Center
Public · Hosted by Darren Bailey for State Senate 55th District
Join us for a Christmas Party Fundraiser on December 14th at the Thelma Keller Convention Center in Effingham.
We’ll have Christmas Deserts, a Hot Chocolate & Coffee Bar, Bingo, and even SANTA will be there! 🎅 Join us for an evening of fun and support our efforts to #RestoreIllinois!
Tickets are $25 for individuals or $50 for a Family Ticket! LIMITED TICKETS available, so don’t wait until the last minute!
Get your tickets at: [redacted]
Sponsorships are also available at the following levels: $2500 - $1000 - $500 - $250
*** UPDATE *** From the Hilton Chicago/Northbrook…
“Last evening, the Hilton Chicago/Northbrook hosted a family wedding with approximately 150 people in attendance. While the event was booked prior to the implementation of the state’s latest mitigation measures, we sincerely regret allowing this gathering to proceed and our family apologizes to our guests, employees, and the Chicagoland community.
The coronavirus pandemic has created unprecedented challenges for the hospitality industry and our family-owned business. However, our hope to keep the hotel afloat and employees working should not outweigh health and safety.
We are committed to working with state and local health authorities to ensure our hotel is abiding by all safety measures and mitigation guidelines. We immediately reviewed our bookings to ensure any business that is inconsistent with the state’s guidelines are not held at this property, and we are committed to following contact tracing and testing protocols recommended by health officials.
It will take time, but we hope to rebuild the trust of our guests, staff and community have placed in us for so many years,” said Holly Allgauer-Cir, General Manager, Hilton Chicago/Northbrook.
And while you’re mulling that over, please click here and donate to Lutheran Social Services of Illinois. As I write this, we’re almost at $10,000 after about 24 hours. That’s great, but I know we can do just a bit better. Thanks!
Here in Illinois, friends, this whole situation with this illegal voting, this voter fraud, friends, it’s real. Its very real. I am really encouraged because there are several Republicans who have run and were narrowly defeated up in the, I’ll call it the Chicagoland area, the northern part of the state, who are going to be calling for some recounts. This is good. I’m glad to hear this, they’ve found proof that has taken this many days, that they believe that something is off, something is wrong, so you’re going to be reading about that.
This all in the midst of the very same time we’ve got many Illinois Republican leaders throughout the state calling for Donald Trump to step down, calling for him to give up. That’s appalling. Adam Kinzinger, the US Congressman from the northern part of the state, seems to be leading this charge. Last night, he tweeted that Donald Trump should delete his Twitter account and he’s been calling for quite some time for Donald Trump to just give up, concede, and get out of the way. This man has never been a fan of the president. This man has been part of the problem with Illinois politics. So keep that name in mind, don’t forget that. Get on his Twitter and Facebook accounts and tell him to get his priorities straight if he’s a Republican, otherwise change his party. There’s several others that are joining this as well and we shouldn’t put up with this. If we want a healthy Illinois, if we want a healthy conservative movement, we’ve got to get real and we’ve got to get involved.
Recounts? Right. OK.
Anyway, on to Congressman Adam Kinzinger, who is widely rumored to be eyeing a 2022 run for governor. Bailey, you will recall, said months ago that he was thinking about a gubernatorial bid.
* Kinzinger appears to be trying to protect his right flank with an attack on Gov. Pritzker over the administration’s horrible response to the preventable disaster at the LaSalle Veterans’ Home. From a WCMY radio interview today…
Kinzinger: The federal government, the US Department of Veterans Affairs, came in, did an assessment, found a whole number of things wrong. And then from that point on began offering daily help to the LaSalle Veterans Home into the state of Illinois and was denied all November, basically. Every day they would call and ask ‘Do you want federal government help?’”
That comes with money. We passed $150 million in the CARES Act for this kind of situation. And the state of Illinois kept saying ‘No’ and I want to look at the… Okay, you have things like hand sanitizer that doesn’t kill COVID because it has no alcohol in it. Okay, well that’s just a dumb clerical error or was that somebody to attempt to save money at the cost of the veterans?
And then you look at things like how come you would not take federal government support? And while I don’t want to level this accusation, I do think it’s kind of interesting that in the middle of the federal government offering help to the state of Illinois, you have the situation where the governor would constantly talk about how the federal government’s failing because we’re in the middle of an election.
So I think there’s a lot of questions that you’ve answered and that starts with the governor. This is on the governor to explain, or fire or hold accountable those responsible, if it’s not him.
Q: When somebody from Washington called, who said ‘No’?
Kinzinger: Well, you know, it’s basically every day at the veterans’ home, at the state of Illinois, they said ‘No.’ And I think that’s part of the question. Who’s not just saying ‘No,’ who’s making the decision that we won’t take federal government help?
Look, you can think that you have it under control, and you can think that maybe somehow you know more than the federal government, but let’s keep in mind the resources, the federal government comes. Anytime you get an extra set of eyes or ears, or in the federal government’s case, you have 50 other states or 49 other states and territories basically under your jurisdiction where you can see, and have examples of what worked and what didn’t. So why that happened for a month, I have no clue.
And the problem is the governor has decided to do an IG investigation, which is going to take six months, Jay. We’re not going to get any answers before that. We need answers now. And like I said, the one thing that really concerns me is the eagerness that Governor Pritzker was the entire time of the election to take on President Trump on COVID and everything else. And I hope that certainly didn’t come into play, but we need to know.
I followed up with Kinzinger’s office a few hours ago to ask who in the federal government was calling the veterans’ home and have not yet heard back.
* From Jordan Abudayyeh at the governor’s office…
It is unclear what federal help Congressman Kinzinger is referring to. At the beginning of November, as the first positive cases were discovered at the LaSalle Veterans Home, the Illinois Department of Veterans Affairs (IDVA) was in regular communication with the U.S. Department of Veterans Affairs (USVA).
In fact, on November 5, USVA asked if the home needed assistance with PPE and the home administrator asked for additional N95 masks. USVA provided thousands of masks to be used at LaSalle and other veterans homes.
On November 9, USVA asked IDVA if they would like to have an infection control consultation and IDVA responded yes. IDVA also asked for IDPH to conduct an onsite consultation as well. Both of those visits were completed just three days later, the recommendations were implemented and the reports were made public.
After the site visit, USVA offered to make infection control experts available for further assistance and IDVA has requested that assistance. Dr. Amelia Bumstead with USVA is spending four to six weeks visiting all state veterans homes to improve infection control protocols and practices.
Throughout this process both IDVA and USVA have continued their communication and the IDVA appreciates the help and support offered by their federal partners. An independent investigation is also currently underway, and as the Governor has said, if that investigation uncovers malfeasance, appropriate disciplinary action will be taken.
*** UPDATE 1 *** Maura Gillespie at Kinzinger’s office…
The U.S. Department of Veterans Affairs was offering assistance to the LaSalle Veterans’ Home, operated by the State of Illinois, to send infection control experts to assist. Our staff was briefed on that, as was Sue Rezin, on November 19th during a phone call with the VISN Network Director who confirmed that the USVA had been checking in daily to see if the State needed help. They were not taken up on their offer until the State finally requested that help at the end of November.
Well, somebody isn’t telling the truth. Stay tuned.
*** UPDATE 2 *** Back to Jordan…
As soon as the offer was presented by USVA to IDVA on November 19, IDVA said that day they were interested in additional help and began discussions regarding the scope of work and began the process to formalize the request for an intergovernmental agreement. Conversations between the USVA and IDPH doctors took place as the intergovernmental agreement was put together and was formally submitted to USVA on November 27.
* Chicago Mayor Lori Lightfoot was asked her thoughts on Speaker Madigan today. From Fran Spielman’s report…
“Our democracy depends upon the people believing … that the leaders stand for them. That we are working hard every single day on behalf of the people and not on behalf of ourselves. That is the only way that our democracy will survive and flourish — if people have confidence in the people they elected to do the right thing for them,” the mayor said.
“That doesn’t happen when there is a cloud that hangs. That doesn’t happen when people feel like elected officials have been completely compromised and have an agenda that has nothing to do with doing the peoples’ business. That’s the wrong direction for any of us.”
Lightfoot said it’s hard to be an elected official and a leader during the best of times. It’s particularly difficult now “when we’re dealing with crisis after crisis after crisis.”
“We can’t do that if you don’t have legitimacy of the people that elected you in the first place. That’s not just a statement about Mike Madigan. That’s a statement about all of us,” she said. […]
She has also “watched with great interest the number of people who’ve been silent” and “haven’t stood up” against Madigan.
The Illinois Department of Public Health (IDPH) today reported 10,959 new confirmed and probable cases of coronavirus disease (COVID-19) in Illinois, including 192 additional deaths. Some data reported to IDPH is delayed from the weekends, including this past holiday weekend.
- Adams County: 1 male 70s
- Bond County: 1 female 70s
- Bureau County: 1 male 60, 2 females 80s, 1 male 80s, 1 female 90s, 1 male 90s
- Carroll County: 1 male 70s, 1 male 80s
- Clinton County: 1 female 80s
- Coles County: 1 male 70s
- Cook County: 1 male 20s, 2 males 30s, 1 male 40s, 1 female 50s, 1 male 50s, 2 females 60s, 1 male 60s, 10 females 70s, 5 males 70s, 3 females 80s, 2 males 80s, 11 females 90s, 2 males 90, 2 females over 100, 2 males over 100
- Cumberland County: 1 male 60s
- DeKalb County: 1 female 70s
- Douglas County: 1 female 90s, 1 male 90s
- DuPage County: 4 females 70s, 2 males 70s, 2 females 80s, 3 males 80s, 3 females 90s, 1 male 90s
- Effingham County: 1 male 70s, 1 male 80s, 1 female 90s, 1 female over 100
- Fayette County: 1 male 50s
- Fulton County: 1 male 80s
- Hancock County: 1 male 80s
- Henry County: 1 male 60s, 2 males 70s
- Iroquois County: 1 female 70s, 1 male 80s, 1 female 90s, 1 male 90s
- Johnson County: 1 female 70s
- Kane County: 1 female 60s, 3 males 70s, 1 male 80s
- Kankakee County: 1 female 60s, 1 male 70s, 1 female 80s, 1 female 90s
- Kendall County: 1 female 80s
- Knox County: 1 female 90s
- Lake County: 1 female 40s, 1 female 80s, 3 males 80s
- Lawrence County: 1 female 80s
- Lee County: 1 male 80s
- Livingston County: 1 female 80s
- Logan County: 1 female 70s, 1 female 80s, 1 male 80s, 1 female 90s
- Macon County: 1 male 80s
- Macoupin County: 1 female 80s, 1 female 90s
- Madison County: 1 male 50s, 3 males 70s, 1 female 80s
- Marion County: 1 male 30s, 1 male 70s, 1 male 80s
- Mason County: 1 female 80s
- Massac County: 1 female 90s
- McHenry County: 1 female 80s
- Morgan County: 1 male 40s, 3 males 70s, 1 female 90s, 2 males 90s
- Ogle County: 1 male 70s, 1 female 80s
- Peoria County: 1 female 60s, 1 male 80s
- Perry County: 1 female 60s, 1 female 80s
- Pike County: 1 male 60s
- Rock Island County: 1 female 50s, 1 male 70s, 2 males 80s
- Saline County: 1 male 60s
- Sangamon County: 1 male 70s, 1 female 80s
- St. Clair County: 2 males 60s, 2 males 80s
- Stark County: 1 male 70s
- Tazewell County: 1 female 50s, 1 male 50s, 1 male 80s, 1 male 90s
- Vermilion County: 1 male 60s, 1 male 70s, 1 female 90s
- Whiteside County: 1 female 60s, 2 males 60s, 1 female 70s, 1 female 80s, 1 male 80s, 1 male 90s
- Will County: 1 female 60s, 2 males 60s, 2 males 70s, 1 male 80s, 2 females 90s, 2 males 90s, 1 female over 100
- Williamson County: 1 male 70s, 3 females 80s, 1 female 90s
- Winnebago County: 2 males 50s, 2 females 70s, 2 males 70s, 1 male 80s
Currently, IDPH is reporting a total of 759,562 cases, including 12,830 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 106,778 specimens for a total 10,806,364. As of last night, 5,653 in Illinois were reported to be in the hospital with COVID-19. Of those, 1,170 patients were in the ICU and 693 patients with COVID-19 were on ventilators.
The preliminary seven-day statewide positivity for cases as a percent of total test from November 26 – December 2, 2020 is 10.4%. The preliminary seven-day statewide test positivity from November 26 – December 2, 2020 is 12.3%.
*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.
* From Jeff Wilhite at the Sangamon County Department of Public Health…
Rich,
If you’re interested, below are details from the recent public health related court hearing in Sangamon County.
A lawsuit filed by a Thayer bar against the Sangamon County Department of Public Health on November 25th was thrown out Wednesday afternoon. Represented by Attorney Thomas DeVore, Brewzrz Pub claimed that the Public Health Department violated Illinois law by suspending its food license on November 19, 2020 as a result of the bar’s failure to comply with Sangamon County’s Covid-19 mitigation restrictions prohibiting indoor dining and bar service. The bar asked the Court to order the County to reinstate its suspended food service license. The Motion to Dismiss filed by Sangamon County State’s Attorney, Dan Wright, characterized the arguments in the suit against the County as “devoid of merit” and amounted to “analytical snake oil in the midst of a deadly global pandemic which continues to surge in Sangamon County.” In dismissing the case, Sangamon County Judge Gail Noll found that the suit failed to state a valid claim under Illinois law and did not establish a likelihood of success on the merits.
Excerpts from the Motion to Dismiss from State’s Attorney Dan Wright
Plaintiff’s arguments are devoid of merit and amount to analytical “snake oil” in the midst of a deadly global pandemic which continues to surge in Sangamon County. The Court should reject Plaintiff’s erroneous arguments, deny the Motion for Temporary Restraining Order and dismiss the Complaint with prejudice.
Plaintiff failed to exhaust administrative remedies under the plain language of Section 5.20.080 (Suspension of Permits) which requires a petition to the Sangamon County Board of Health to “request a hearing for abatement of the order” which suspended Plaintiff’s food permit. See Sangamon County Code, Section 5.20.080. Plaintiff did not file a petition to request a hearing before the Board of Health. Moreover, Plaintiff has failed to “make application for a reinspection for the purpose of reinstatement of the permit” under Section 5.20.090 (Reinstatement of Permits).
Section 2 of the Department of Public Health Act provides the procedures that the Department must adhere to when “a person or group of persons [is] to be quarantined or isolated” or it orders that “a place [must] be closed and made off limits to the public to prevent the probable spread of a dangerously contagious or infectious disease.” 20 ILCS 2305/2(b-c) (emphasis added). Specifically, Section 2 requires that:
… [N]o person or a group of persons may be ordered to be quarantined or isolated and no place may be ordered to be closed and made off limits to the public except with the consent of the person or owner of the place or upon the prior order of a court of competent jurisdiction. Id.
Contrary to the repeated, unsupported, and conclusory allegations of the Complaint, neither the November 10 Notice nor the November 19 license suspension purport to require Plaintiff’s business to be “closed and made off limits to the public” for any and all purposes as required to trigger the procedural and substantive requirements of 20 ILCS 2305/2. Plaintiff’s bald assertions that the actions of Defendants “made [Plaintiff’s premises] off limits to the public” are unsupported by any allegations of specific facts. Complaint, ¶¶ 8-9, 11, 16, 19-20, 23-24, 26-27, 29, 31, 34, 36. Plaintiff simply invites the Court to join it in making the misguided analytical leap that suspension of a food license pursuant to the Sangamon County Code somehow equates to a closure order under the Public Health Act.
The November 10 Notice merely notified food service license holders of conditions found to constitute a “substantial immediate hazard to the public health” under Section 5.20.080 of the Sangamon County Code, e.g. indoor dining. The November 10 Notice did not, in any manner, make the premises off limits to the public for any other food service purposes such as outdoor dining, carry-out, or curbside service. The November 19 Notice of Violation attached to the Complaint as Exhibit “B” which suspended Plaintiff’s food service license merely prohibits food service without a valid license (“Permit suspended at time of inspection and all food service operations are to be immediately discontinued.”). It did not order the physical closure of the premises and make them off limits to the public for any and all purposes as would a “closure order” under the Public Health Act. Any complete closure of the premises was voluntary as a matter of law and not compelled by actions of Defendants.
For example, Defendants do not have jurisdiction over Plaintiff’s local liquor license which is subject to the authority of the Illinois Liquor Control Commission and the Liquor Commissioner for the Village of Thayer. Put simply, unlike a closure order under the Public Health Act, Defendants’ suspension of Plaintiff’s food service license did not make the premises off limits to the public or prohibit any lawful use of the premises other than unlicensed food service.
While Defendants’ actions were not premised upon any gubernatorial executive order, the Appellate Court recently held that Governor JB Pritzker’s Executive Order No. 2020-61 did not implicate “section 2(c) [of the Public Health Act] because its measures were not tantamount to quarantine orders, isolation orders, or business-closure orders. Instead [the Governor’s Executive Order] prescribed guidelines that restaurants must follow to safely operate while a region’s [COVID-19] positivity rates exceed state guidelines.” Fox Fire Tavern, LLC v. Pritzker, 2020 IL App. (2d) 200623, ¶41 (emphasis added) (citing Cassell v. Snyders, 458 F. Supp. 3d 981, 1002 (N.D. Ill. 2020) (holding that restrictions on large gatherings do not amount to orders of quarantine, isolation, or business closure)).
In Cassell, the Court succinctly articulated the threshold issue in the current case, stating:
Plaintiffs invoke Illinois’s Department of Health Act, 20 Ill. Comp. Stat. 2305/2(a). Under that Act, the “State Department of Public Health [or local public health authority]… has supreme authority in matters of quarantine and isolation.” Id. § 2305/2(a). Before exercising its authority to “quarantine,” “isolate,” and make places “off limits [to] the public,” however, the Department must comply with certain procedural requirements. Id. § 2305/2(c). As Plaintiffs see it, the Act vests the Department with the exclusive authority to quarantine and isolate Illinoisans, making Governor Pritzker’s orders ultra vires. The problem for Plaintiffs is that the challenged Order does not impose restrictions that fall within the meaning of the Act.
Just as in FoxFire and Cassell, the Defendants’ actions in the current matter “were not tantamount to quarantine orders, isolation orders, or business-closure orders” and did “not impose restrictions that fall within the meaning of the Act.” Id. Plaintiff cannot escape the reality that no action by O’Neill or the Department made its premises entirely “off limits to the public” for any and all purposes as necessary to apply the requirements of Section 2 of the Public Health Act. The Complaint contains insufficient facts to permit the Court to reach any other conclusion. Indeed, Plaintiff cannot ethically allege any set of facts that would permit the Court to find Defendants’ actions imposed restrictions that fall within the meaning of Section 2 of the Public Health Act. Id. Accordingly, the Complaint must be dismissed pursuant to Section 2-615.
Plaintiff ignores the legal reality that review of acts of administrative discretion, such as the November 10 Notice and November 19 license suspension under Section 5.20.080, is highly deferential. Bigelow Group, Inc. v. Rickert, 377 Ill. App. 3d 165, 174 (2d Dist. 2007). “The ‘arbitrary or capricious’ standard must be applied in light of the limited purview prescribed the judiciary by the separation of powers doctrine—the judiciary must limit itself to infringing on official discretion only where that discretion can be shown to have violated the law.” Id. at 174. Put another way, “arbitrary and capricious” review is a “single inquiry into the legality of the official decision.” Id. It is “the most deferential standard of review—next to no review at all.”
The November 10 Notice was lawfully issued as a finding of the Board of Health through its authorized representative in response to a public health emergency. Defendants’ actions were undertaken in direct reliance upon the expert recommendations of the BOH Physicians Advisory Group and in compliance with pre-existing Sangamon County Code provisions governing food service establishments, i.e. Section 5.20.080. Accordingly, the Defendants’ actions were not - under any good faith interpretation - arbitrary, capricious, or ultra vires as erroneously alleged by Plaintiff.
DeVore said he’d appeal the ruling on Greg Bishop’s radio show today. He said he’d go all the way to the US Supreme Court if need be.
* Greg asked DeVore whether he’d paid the $1,000 bounty of footage of Pritzker celebrating Thanksgiving with friends and family. As you know, I posted a photo of Pritzker and his wife on a Zoom chat during Thanksgiving dinner. DeVore’s response…
Well one, I want to clarify that. The thousand dollars that I offered for footage from a journalist to take a picture of the governor should they see him out celebrating with friends and family. Friends and family being a generic term. I didn’t even know he had kids until I put that out. So he has kids, OK, I don’t care about that. But no, I didn’t pay it out because, again, you know I was looking for the governor. He’s using the word bounty, I didn’t use the word bounty. But no, I didn’t pay it out.
* DeVore was also asked about whether it was time to stop filing lawsuits since he’s losing so many of them…
If they think that any of this is going on is about winning or losing lawsuits, the people that say that need to consider if they’re as intelligent as they think they are. This isn’t about winning lawsuits. If I want to win lawsuits, Greg, and that’s the goal and not to protect people, I’ll go into the federal court. It’d be a lot easier.
You can’t protect people by losing countless lawsuits. You can only give them false hope.
…Adding… From comments…
Also, just to point out, (1) Devore fought like crazy to keep Bailey’s case out of federal court when the AG tried to remove to federal court, and (2), his only “wins” have occurred in state court.
* Oh, man, did I ever screw up. Jim Nowlan didn’t chair the Fair Tax opposition committee. He chaired the other committee that spent a fortune this fall against Supreme Court Justice Tom Kilbride.
Post deleted. All apologies. I may need a nap and it’s not even noon.
* And here they are side-by-side for an easier comparison…
Don’t get hung up on the Durbin reference in comments. This isn’t really about him. It’s about how the state has changed and what the trends look like. Yes, the Democratic Party has a whole has to reverse the trend in small Downstate cities, but the statewide vote is in the city and the suburbs and the Republicans are just getting slaughtered.
You already knew that, of course, but the map is a good illustration.
Durbin was first elected to the House in 1982, representing a Downstate district in between the Springfield and St. Louis areas. When another fellow Downstate Democrat, then-Sen. Paul Simon, retired from the Senate in 1996, Durbin ran for the seat, and he carried most counties south of St. Louis. As those demographically whiter and more rural counties have drifted Republican in past decades, Durbin’s coalition has increasingly become more urban and suburban.
This year, other than narrowly losing McHenry County, he carried every county that touches Chicago’s Cook; these formerly-Republican suburban counties are known collectively as the Chicago’s Collar Counties. In 1996, he lost the largest collar county, DuPage, by 10 percentage points — last month, Durbin got the same 55% there as he did statewide.
Durbin held a smattering of Downstate counties, but this seems like more a sign of his strength with white collar academics than blue collar workers — aside from St. Clair County in the St. Louis metro area, with its large Black population, every county south of Peoria that he won last month is home to a major university: Champaign (University of Illinois), McLean (Illinois State University) and Jackson (Southern Illinois University).
To be fair, Durbin did perform relatively well, compared to Biden, in the counties that made up his old congressional district. In rural counties such as Brown, Calhoun, and Macoupin, he ran double-digits ahead of the national ticket — but often, it was a case of Durbin polling in the 30s, compared to Biden, who was in the 20s.
…Adding… Tribune…
* How did your neighbors vote for president, Senate and the graduated-rate income tax amendment? Search our city and suburban map to find out.
Governor JB Pritzker and Illinois State Police (ISP) Director Brendan F. Kelly announced today the ISP Division of Forensic Services (DFS) achieved a 48% overall reduction in Biology/DNA pending assignments, commonly known as “the DNA backlog.” On March 1, 2019, the backlog consisted of 9,289 pending assignments. As of Nov. 30, 2020, forensic scientists worked the number of pending assignments down to 4,857.
“Since the beginning of my administration, we have prioritized implementing policies and procedures that will allow the dedicated forensics team at ISP’s Division of Forensic Services to reduce the state’s DNA backlog. Thanks to the leadership of the Forensic Science Task Force, which my administration established in 2019, additional recommendations to help further decrease the backlog are now underway,” said Governor JB Pritzker. “I am encouraged by the 48% reduction in forensic cases and will continue to support ISP’s work to bring brings victims and their loved ones a step closer to justice.”
“For more than a decade, trends in forensic labs across the country, including in Illinois, have been headed the wrong direction, but because of the hard work and discipline of the Illinois State Police we are finally headed in the right direction in Illinois,” said ISP Director Brendan F. Kelly. “Our progress is real and significant, but no one in the Illinois State Police will be satisfied until all victims can trust that the cause of justice will be advanced and not delayed by forensics.”
Remarkably, this reduction was achieved while having up to six forensic scientists from the biology/DNA section on loan for more than four months to the Illinois Department of Public Health to assist with COVID-19 testing.
Forensics outcomes across a variety of metrics have significantly improved.
• This year, the average age of pending DNA/Biology assignments has been reduced from 247 in May 2019 to 110 days in November 2020.
• The number of DNA/Biology assignments that are older than a year was 1,329 in January 2020 but had dropped to 186 in November 2020.
• The number of pending sexual assault assignments that are more than six months old has gone from 1,059 in January to 280 in November 2020.
• The DNA/Biology section is completing 22% more assignments per month this year compared with 2019.
These outcomes were achieved in part by executing a multi-prong strategy:
• The ISP DFS has deployed technology to assist in the reduction of backlogs and turnaround times, implemented laboratory accountability measures, robotics, Rapid DNA, Lean Six-Sigma efficiencies and hired and trained additional forensic scientists.
• The ISP Laboratory system implemented robotics to increase DNA casework capacity in November 2019. Robotics are now fully operational and are contributing to the backlog and turnaround time in DNA analysis.
• To improve communication, ISP DFS began issuing agency specific reports on pending assignments to enhance communication between investigating agencies, state’s attorneys’ offices and the laboratories. Agencies are asked to review their list of pending assignments and tell lab management of any cases that need immediate attention and those that no longer require analysis. For example, this process identified 1,200 felony drug cases closed with a court disposition while still showing pending assignments at the lab. As a result, lab resources were not squandered on testing these 1,200 closed cases. This communication has and will continue to improve the prioritization of casework and reduce the waste of lab resources.
• As part of the plan to reduce the number of pending assignments, the ISP DFS implemented an aggressive hiring plan and continues to work to recruit and hire scientists, as well as implementing training that is effective and safe during the COVID-19 pandemic. Since the beginning of 2019, ISP DFS has held two Forensic Science Trainee classes. Even with the difficulties navigating through the pandemic, ISP DFS has been able to keep training on track. The 2020 trainees are scheduled to complete their training between March 2021 and February 2022.
Additionally, Gov. Pritzker’s Forensic Science Task Force, chaired by ISP Director Kelly, continued to meet during the pandemic and made additional, specific recommendations that, if implemented, will sustain the momentum of reducing the backlog and improving turnaround times.
The ISP DFS will also move into a new laboratory in Decatur, occupying roughly 12,000 square feet in the first two stories of the building. The ISP DFS will utilize this as a DNA lab, initially processing evidence submitted from property crimes. The addition of this lab will allow the further reduction in turnaround times. Funding for the construction of a new forensics lab in the Joliet area was also secured under Gov. Pritzker’s bi-partisan capital bill and is moving forward under the Capital Development Board.
The ISP DFS unveiled the sexual assault kit tracking system, known as Checkpoint, before the statutory deadline. This system allows sexual assault survivors to track their evidence in real time from collection at the hospital to law enforcement pick-up and submission to the forensic lab and lastly, to the prosecutors’ office.
The ISP’s success in decreasing the forensic backlog are not limited to the Biology/DNA section.
• The latent print backlog was slashed by 35% this year and 78% since January 2019. Average turnaround time for fingerprints this year has been reduced by 62% since 2019.
• Average turnaround time for firearms evidence this year has been reduced by 44% since 2019.
• The trace chemistry section is completing 49% more assignments per month than last year.
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