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* Rep. Darren Bailey (R-Xenia) last month…
I’ve been talking with a lot of the health professionals, and I’m hearing a concise message that it’s time to get back to work.
The link is now broken, but I asked Rep. Bailey back then who he was talking to and here’s what he said via email…
I communicate directly with all of the County Health Departments and hospital officials in my district frequently. My comments are based on these ongoing conversations.
* Fast-forward to today when Rep. Bailey was interviewed by Fairfield radio station WFIW…
The law of Illinois in a pandemic, and any kind of a crisis such as we are experiencing, each county should be governed, monitored, laws or monitoring should be put in place, as each county public health office deems fit. If they need help, then they reach out to the state and the state can come in and help.
Fairfield is in Wayne County and the county is in Bailey’s district.
* But the way Rep. Bailey describes how he believes the system should work is not actually happening in Fairfield. More from WFIW…
The Barb Wire Grill in Fairfield opened yesterday and has weathered complaints filed against it to the Wayne County Health Department. After releasing a statement discouraging congregate settings in restaurants yesterday, the department approached the Wayne County State’s Attorney to render an opinion for a closure order from the Circuit Court.
* That health department statement was signed by the county’s public health administrator and two medical doctors who are both official county medical advisers. You should read the whole thing, but here’s an excerpt…
(W)e are finding it difficult under the current political landscape to impress upon sections of the population that we are not out of danger and that widespread community transmission could still occur. Once we experience widespread transmission, it will likely result in a medical surge forcing mass care and fatality management issues which may not be sustainable.
I’m guessing those folks weren’t on Rep. Bailey’s call list last month. /s
* Back to the story…
State’s Attorney Kevin Kakac said he was approached by the health department to render an opinion for a closure order from the circuit court. Kakac said the health department would have to produce, quote, clear and convincing evidence that the public’s health and welfare are significantly endangered by a person or group of persons who have been exposed to, or that are reasonably believed to have been exposed to COVID-19. Kakac says the department would have to prove all other reasonable means of correcting the problem have been exhausted and no less restrictive alternatives exist because Wayne County has had only two positive tests, both of which are out of quarantine. Kakac believes there is not currently a legal basis to support a closure order.
So, the public health departments “told” Bailey to open up when at least one didn’t, and while Bailey says local public health departments have all authority over these matters, they don’t, at least not in that county.
Great.
* Let’s move on to the restaurant owner, who says she will remain open…
Nobody says that I can’t. Nobody said that I can’t have people come in. The governor’s order, you know, he says that we’re not supposed to have dine-ins. But it goes against the Illinois constitution. And he was only able to do that for 30 days. And I think it was April 9th it ended, and he cannot extend that. That’s why Darren Bailey has taken him to court and is suing him.
posted by Rich Miller
Wednesday, May 6, 20 @ 11:49 am
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That last paragraph is the most compelling evidence for at a minimum a formal censure against Bailey. More appropriate, but maybe not politically so, is ejecting him from the house of representatives.
Comment by TheInvisibleMan Wednesday, May 6, 20 @ 11:54 am
The courts need to move fast and make a decision.
Undoubtedly any decision will be appealed and that needs to be fast tracked also.
Comment by OpentoDiscussion Wednesday, May 6, 20 @ 11:55 am
Good for the State’s Attorney there and good for the restaurant owner…this is going to be more common. The only way to defeat tyranny is through protest and disobedience….peaceful disobedience. I would patronize this establishment if it were in my town.
Comment by RuralKing Wednesday, May 6, 20 @ 11:56 am
I haven’t read the Illinois constitution for a while. Does it really say that dining in restaurants is a right?
Comment by Curious citizen Wednesday, May 6, 20 @ 11:56 am
Looks like Rep. Bailey is taking cues from Washington. “Many people are saying…” but when pressed they can’t name one who is “saying.”
To the restaurant owner/constitutional scholar - It’s constitutional to issue the orders they have including no dine-ins until a court rules it is not. No court is currently saying that, and as of right now Darren Bailey has no lawsuit. Short answer - you are violating the law and may have to suffer the consequences.
Comment by Ron Burgundy Wednesday, May 6, 20 @ 11:58 am
That last paragraph is the perfect illustration of the recklessness of Bailey’s grandstanding. Truly sad.
Comment by slow down Wednesday, May 6, 20 @ 11:59 am
“..will likely result in a medical surge forcing mass care and fatality management issues which may not be sustainable”
Mass care like in Chicago at the make shift hospital they took down already. Yep
Comment by Yep Wednesday, May 6, 20 @ 12:01 pm
I don’t know anything about the Barb Wire Grill. Might be a great business, might be terrible. I do however know that if the eating establishments in my area had this kind of attitude, I’d stop ordering carry out there and definitely wouldn’t go in. If the owner is this flippant about regulations during a pandemic, what other health department rules do they think can ignore?
“The governor can’t make me wash my hands after using the bathroom”
“it’s my constitutional right not to clean the food prep area”
“It’s just a little cough, nothing to worry about”
Comment by Lester Holt’s Mustache Wednesday, May 6, 20 @ 12:03 pm
Also, this clear disrespect for public health by this restaurant owner makes me wonder about their regard for sanitation in general. In Chicago it’s the kind of thing that might get you an extra visit from the health inspector…
Comment by Ron Burgundy Wednesday, May 6, 20 @ 12:03 pm
This is the same mindset that says a Sheriff can ignore laws if the sheriff believes them to be unconstitutional. It’s like some won’t recognize federal court rulings based on which president appointed that particular federal judge. It’s the simple-minded believing they can judge which laws to follow for themselves, just because.
This is why I don’t think our Republic will survive. There is no authority or law that can’t be undermined by political ideology.
I’d say this restaurant owner should be arrested and fined, but I am certain the Wayne County sheriff won’t enforce the law.
Comment by 47th Ward Wednesday, May 6, 20 @ 12:08 pm
Is it possible to recall a state rep? Hmm.
Comment by Shytown Wednesday, May 6, 20 @ 12:11 pm
Great idea, let’s decentralize public health emergency response. [Imagine rant that wouldn’t get passed Rich’s filter.]
There used to be a time when Republican’s actually cared about efficient and effective governing.
Comment by Norseman Wednesday, May 6, 20 @ 12:14 pm
= The only way to defeat tyranny is through protest and disobedience….peaceful disobedience.=
I don’t consider the willful spread of a virus to be peaceful disobedience.
Comment by Pundent Wednesday, May 6, 20 @ 12:19 pm
=== And I think it was April 9th it ended, and he cannot extend that. That’s why Darren Bailey has taken him to court and is suing him.===
Any cases down that way… Mr. Bailey will have to live with the fact his words brought ignorance.
Then again, Mr. Bailey believes in herd immunity(?)… so…
Comment by Oswego Willy Wednesday, May 6, 20 @ 12:20 pm
== This is why I don’t think our Republic will survive==
Our republic will be fine. It‘ll just require the 82% of us normal people to drag the kooks along with us
Comment by Lester Holt’s Mustache Wednesday, May 6, 20 @ 12:21 pm
==The only way to defeat tyranny is through protest and peaceful disobedience==
While safely sitting on the sidelines.
Comment by Jocko Wednesday, May 6, 20 @ 12:27 pm
Doesn’t the restaurant operate with a license issued by the county health department? Pull the license and mail a copy of the closure notice to Bailey. Does she have liability insurance? I hope not with any group that others will be responsible for payment of claims.
Comment by Elliott Ness Wednesday, May 6, 20 @ 12:27 pm
I’m reminded of the onion article: “Area Man Passionate Defender Of What He Imagines Constitution To Be”
Comment by Loofa Wednesday, May 6, 20 @ 12:27 pm
The “dine-in clause” of the Illinois Constitution is nearly as sacrosanct as the “pension clause”, which I’m sure this crowd fully supports and respects.
Comment by Michelle Flaherty Wednesday, May 6, 20 @ 12:29 pm
As a matter of policy, no governor should be able to declare an emergency of unlimited duration. After 60 or 90 days the legislature should confirm or repeal the emergency by majority vote. (I don’t want the GA to have to pass a bill that could be vetoed. We saw that with Trump and spending on the wall. )
This is not to say that JB has done a poor job. Just that the GA needs to back him up or limit him. I would rather hear from the GA than the courts.
Comment by Last Bull Moose Wednesday, May 6, 20 @ 12:32 pm
Rural King I hope if this establishment was in your town they also had all roads closed in and out of that town. That is the only way to ensure that no one with the virus gets out and no one with the virus comes in. All persons in rural areas know your health care capacity is limited. Remember this is not about your right to become infected, it is about the capacity of your health system.
Comment by illinifan Wednesday, May 6, 20 @ 12:34 pm
-Does she have liability insurance?-
On the bright side, she just ruined any chance she might have had at a business interruption claim.
Comment by Ron Burgundy Wednesday, May 6, 20 @ 12:36 pm
I sure would not want to be writing her insurance policy because if one of her patrons or workers would test positive it would be a difficult matter to suggest her actions were not willful and against medical advice.
Comment by howdy Wednesday, May 6, 20 @ 12:37 pm
“Mass care like in Chicago at the make shift hospital they took down already.”
Of for the love of - here, let me rephrase your statement, “Yep”, to try to impress upon you how foolish you sound.
“Our mitigation strategies worked, so the worst case scenario didn’t occur, and that means the worst case scenario CAN NEVER occur, under any circumstances, and therefore all mitigation efforts that make my life less convenient should end right now.”
So, so foolish.
Comment by Perrid Wednesday, May 6, 20 @ 12:38 pm
“The only way to defeat tyranny is through protest and disobedience… I would patronize this establishment if it were in my town.”
Is there no limit to your heroism?
– MrJM
Comment by @misterjayem Wednesday, May 6, 20 @ 12:42 pm
There’s bad, worse, and worst news here. The bad is that the Wayne County Health Department is apparently powerless at a time when it needs to be at the center of things. The worse news is that the ignorance and indifference to community well-being displayed by the restaurant owner — and in fact already evident in this thread — provide fuel for any unscrupulous local demagogue to make use of. The worst news is that such a figure exists in Mr. Bailey, who shows no qualms about the damage his fifteen minutes of infamy may do to those he is sworn to serve.
Comment by Flapdoodle Wednesday, May 6, 20 @ 12:43 pm
Sad thing in this neck of the woods most all state attorneys, mayors, cheif of police, sheriff, etc are issuing statements that encourage that type of behavior but yet those same people do not have city hall, court houses and jails open to the public. If they feel that way they should open their offices up to the public. So they are probably protecting themself from exposure while putting rest of public at risk. Look at White County State Attorney, Denton AUD, press release statement on this matter
Comment by 13th Wednesday, May 6, 20 @ 12:46 pm
This is what happens when you try to rule people without an actual law (be it concerning masks, social distancing, shuttering biz during a public health emergency, etc.) in place. The Legislature should get its rump into session and address these issues. They can pass anything they like, and Pritz can sign it. People break the newly passed law, real consequences. Easy-peasy.
Comment by Mary Wednesday, May 6, 20 @ 12:52 pm
===The Legislature should get its rump into session and address these issues===
Those issues have been addressed in statute.
Comment by Rich Miller Wednesday, May 6, 20 @ 12:54 pm
I just called State’s Attorney Kevin Kakac’s work number to see if his office in the Wayne County Courthouse is open.
I didn’t get an answer to my question because no one is in his office to answer the phone.
– MrJM
Comment by @misterjayem Wednesday, May 6, 20 @ 12:58 pm
=As a matter of policy, no governor should be able to declare an emergency of unlimited duration.=
This isn’t governed by policy, it’s governed by statute. The statute grants the governor authority of up to 30 days. It’s either deliberately or unintentionally vague on this authority beyond the 30 days. One way or another that will be rectified. But clearly the circumstances that warranted the original EO still exist.
Comment by Pundent Wednesday, May 6, 20 @ 1:01 pm
- defeat tyranny is through protest and disobedience -
Yes, ballads will likely be written about the great bar and grill owners dissidents of 2020.
“Rather proclaim it, Fairfield, through my host,
That he which hath no stomach to this fight,
Let him depart; his passport shall be made,
And crowns for convoy put into his purse;
We would not dine in that man’s company
That fears his fellowship to dine with us.”
Comment by Excitable Boy Wednesday, May 6, 20 @ 1:02 pm
Michelle Flaherty winning the internet while sheltering in place.
Comment by Original Rambler Wednesday, May 6, 20 @ 1:18 pm
I’m like 80% sure the only doctor that Rep. Bailey has been consulting with is Dr. Nick from the Simpsons. Hi everybody!
Comment by Commisar Gritty Wednesday, May 6, 20 @ 1:18 pm
==This is what happens when you try to rule people without an actual law ==
He is “ruling” under an actual law.
And for you to pretend this gets any better under your plan is naive.
Comment by Demoralized Wednesday, May 6, 20 @ 1:30 pm
==The only way to defeat tyranny==
What “tyranny” are you talking about?
You go right ahead and do what you want. Be my guest. But if you get sick don’t come crying to the rest of us and keep your rump out of any healthcare facilities because you don’t need to be endangering them because of your ignorance.
Comment by Demoralized Wednesday, May 6, 20 @ 1:31 pm
Lester Holt’s Mustache wins the comments of the day
Comment by Holding Back Wednesday, May 6, 20 @ 1:35 pm
Can’t imagine risking one’s life for a platter of country fried steak and a side of biscuits and gravy.
Comment by Rudy’s teeth Wednesday, May 6, 20 @ 1:40 pm
Excitable Boy — nicely played
Comment by Flapdoodle Wednesday, May 6, 20 @ 2:07 pm
Unfortunately, the paranoia and foolishness is spreading even faster than the virus.
I am seeing more and more facebook posts from people from high school who are buying into and spreading conspiracy junk that this whole virus and all the government shutdowns are part of a Bill Gates/George Soros/some other bogeyman plot to destroy small businesses and/or get everyone to take drugs/vaccines that they can profit off of and that we need to stop trying to stop the spread of coronavirus.
For whatever reason, it seems like it is more comforting to some people that their personal lives are disrupted and businesses are suffering because of the intentional malevolent actions of sinister human actors instead of having to accept that an act of God/fate has randomly caused a really awful and unlucky thing to befall humanity at this moment and that most government officials and scientists are just responding the best they can, which still means mistakes will be made along the way.
Comment by hisgirlfriday Wednesday, May 6, 20 @ 2:09 pm
The Barb Wire Grill has a buffet and their Facebook page indicates that they are currently serving their buffet food for $9.99.
Social distancing is one thing, but during a highly contagious pandemic they’re planning on relying on customers serving themselves using the same spoons that likely go unwashed for most of the dining service.
This is just ridiculous.
Comment by Candy Dogood Wednesday, May 6, 20 @ 2:19 pm
@Norseman - When do you peg this time of Republicans caring about efficient and effective governing as having ended?
Because I kind of feel like once Reagan said in his inaugural “Government is not the solution to the problem, government is the problem” it just pretty much established a nihilist or anarchist mindset that there is no need for Republicans in power to bother even trying to govern well or honestly because when Republicans are bad at governing it just reinforces the Republican message that government is the problem.
Comment by hisgirlfriday Wednesday, May 6, 20 @ 2:20 pm
@misterjayem I just called the court house and it is open but you are only allowed to enter if it is an emergency concern which will be decided when you arrive, but not likely not get to enter into court house
Comment by 13th Wednesday, May 6, 20 @ 2:25 pm
Liability… may be much more than a ten dollar word.
Comment by Dotnonymous Wednesday, May 6, 20 @ 2:48 pm
County public health needs to do a snap inspection and find some roaches.
Comment by Huh? Wednesday, May 6, 20 @ 2:56 pm
-Does she have liability insurance?-
Restaurant patrons should beware. Given the government’s orders, I would expect insurance companies to contest liability coverage and cause the owner to incur litigation costs if a restaurant patron became infected and sued for damages.
Also, for the Barb Wire, a self serve buffet is riskier with patrons handling spoons and hovering over serving trays than a situation where waiters serve.
Perhaps the owner believes personal bankruptcy is inevitable, so why should she not get whatever receipts she can right now, and dismiss those medical judgments later.
Comment by James Wednesday, May 6, 20 @ 3:01 pm
@13th,
I think you may have missed the point MrJM made.
The Wayne County State’s Attorney, like Minority Leader Durkin, is preaching one set of actions, but engaging in a different set of actions.
He practices safety, but preaches danger for his constituents.
Comment by Lynn S. Wednesday, May 6, 20 @ 3:02 pm
In Champaign County, all buffets have been shut down. All the donuts and other baked goods in the case at the grocery store are pre-packaged.
Kinda surprised to see that other counties may not be doing that.
Comment by Lynn S. Wednesday, May 6, 20 @ 3:09 pm
“Think how stupid the average person is, and realize half of them are stupider than that.” - George Carlin
Comment by very old soil Wednesday, May 6, 20 @ 3:11 pm
the Texas Supreme Court looks to have upheld the initial EO but had some interesting comments —
“Any government that has made the grave decision to suspend the liberties of a free people during a health emergency should welcome the opportunity to demonstrate—both to its citizens and to the courts—that its chosen measures are absolutely necessary to combat a threat of overwhelming severity. The government should also be expected to demonstrate that less restrictive measures cannot adequately address the threat. Whether it is strict scrutiny or some other rigorous form of review, courts must identify and apply a legal standard by which to judge the constitutional validity of the government’s anti-virus actions. When the present crisis began, perhaps not enough was known about the virus to second-guess the worst-case projections motivating the lockdowns. As more becomes known about the threat and about the less restrictive, more targeted ways to respond to it, continued burdens on constitutional liberties may not survive judicial scrutiny.”
This would look to be a standard adopted by courts and would prove problematic for the 5 phase plan.
https://reason.com/2020/05/05/texas-supreme-court-rejects-original-jurisdiction-challenge-to-coronavirus-orders-but-four-justices-concur/
Wisconsin’s court had some tough questions for their EO and arguments did not seem to go well for the state.
Comment by Todd Wednesday, May 6, 20 @ 4:01 pm
-This would look to be a standard adopted by courts and would prove problematic for the 5 phase plan.-
Yeah, adopted by 4 members of a 9 member all-GOP court in Texas. Won’t fly here.
Comment by Ron Burgundy Wednesday, May 6, 20 @ 4:47 pm
===Wisconsin’s court had some tough questions===
lol
That’s one odd bunch: Chief Justice Patience Roggensack said the increase in cases in Brown County was the result of an outbreak in a meatpacking facility and that it wasn’t from “the regular folks.” https://www.washingtonpost.com/nation/2020/05/05/wisconsin-state-supreme-court-hears-gop-lawmakers-challenge-stay-at-home-order/
Comment by Rich Miller Wednesday, May 6, 20 @ 4:49 pm
Stunned there are local officials ignoring state and federal laws by not enforcing them, where have I heard that before? … oh yea that’s one of many reasons why I left the NW side and Cook Co. Protect yourself from fools on all fronts.
Comment by NorthsideNoMore Wednesday, May 6, 20 @ 4:52 pm
–meatpacking facility and that it wasn’t from “the regular folks.”–
LOL. What kind of “folks” work in meatpacking facilities, then?
Comment by Ron Burgundy Wednesday, May 6, 20 @ 4:56 pm
==That’s one odd bunch==
Justice Rebecca Bradley also tried to draw parallels between the current stay at home order and 1944 Supreme Court decision to inter Japanese-Americans.
Comment by Jocko Wednesday, May 6, 20 @ 7:18 pm
–”Protect yourself from fools on all fronts.”–
Excellent if also ironic advice
Comment by Flapdoodle Wednesday, May 6, 20 @ 7:28 pm
- that it wasn’t from “the regular folks.” -
C’mon Rich, not everyone can be a non-operating SOB like Todd.
Comment by Excitable Boy Wednesday, May 6, 20 @ 8:37 pm
“I’ve been talking with a lot of the health professionals…” If you have an I.Q. above G.E.D. level, I can translate this hick-speak to standard American English: “I’ve been talking to” means about the same as, “I heard” or “so and so told me at the grocery store” or “people around here.” It’s the imaginary “community” of people of the land. Really though it’s about conforming to the group rumor mill, when you are to lazy to do your own research.
If you wish to see ignorance combined with arrogance in person, attend a Whiteside county board meeting and witness The Great Helmsman James Duffy time speakers with his palm sized stopwatch to discourage free speech. Ask fossilized board member Karen Nelson why she closed down the free-standing county health building on U.S. Route 30, and moved the staff into the Highway building next door? You don’t have to travel to Alabama to see ignorance in action, just visit Whiteside county.
Comment by Buford Wednesday, May 6, 20 @ 9:41 pm
- hisgirlfriday - Wednesday, May 6, 20 @ 2:09 pm:
Spot on. Am considering blocking (on Facebook) some of my dearest friends and relatives because my tolerance for their frequent rants is waning.
Comment by Usually Silent Observer Friday, May 8, 20 @ 10:25 am
Bailey is running for the state senate, moving up from the house. I listened to his tele town hall last week, but my question was about testing and contact tracing and I didn’t get on the air, nor did did I receive a callback about my concerns. I’m disappointed that so many people are willing to disregard legitimate safety and police powers for their version of freedom.
Comment by Cindyenfield Friday, May 8, 20 @ 1:49 pm