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Republican state Rep. Darren Bailey asked a judge Wednesday for permission to lodge a fifth complaint in his lawsuit against Gov. JB Pritzker: Any further disaster proclamations should not affect Clay County. […]
According to the Illinois Department of Public Health, there have been nine confirmed cases of COVID-19 and zero deaths resulting from the virus in Clay County as of Wednesday. Just less than 1,500 tests had been conducted in the county of about 14,000 residents.
Those statistics indicate the novel coronavirus does not meet the definition of a public health emergency as defined by the statute Pritzker cites as granting him authority to utilize emergency powers, Bailey argued in the new filing. […]
But, Bailey’s attorney Thomas DeVore wrote, Clay County’s data does not support the second part of the criteria. There is not a “high probability” that COVID-19 will lead to “a large number of deaths” or “a large number of serious or long-term disabilities” for county residents.
It is also unlikely that there will be “widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people” in Clay County, DeVore wrote.
Take off all the restrictions and there won’t be widespread exposure? Right.
* React from Ann Spillane, Gov. Pritzker’s General Counsel…
There is a public health crisis that has taken the lives of 7,367 Illinoisans. It is unconscionable that as states around this country are grappling with a resurgence of COVID-19, there are those who continue to challenge science and data and fight against basic guidance from public health experts to prevent the spread of this deadly virus.
Let’s be very clear about what is going on in with these filings. In the midst of a pandemic, Tom DeVore is playing a game. His actions in every case have demonstrated that he has no interest in truly resolving a real legal dispute. With the exception of a single judge in Clay County, courts throughout Illinois have consistently rejected Mr. DeVore’s arguments and upheld the Governor’s actions to combat the coronavirus. Mr. DeVore has never appealed his losses. And he is now desperately seeking to prevent an appeal in the Clay County case by adding a new claim that is legal nonsense. These cases are all part of his game.
Also, this whole argument that counties are somehow the most important unit of government is ridiculous. Counties are a creation of the state. The state has infinitely more authority over counties than the federal government has over states. Arguing about individual counties is nonsense.
Also, are those counties prepared to give up their disaster funding?
* Maybe they can get a Clay County judge to bite, but this same lawsuit was filed in five other counties…
Residents in six central and southern Illinois counties, including the state capital’s home, filed lawsuits Thursday against Gov. J.B. Pritzker’s restrictions on social interaction prompted by the coronavirus pandemic.
The actions taken in Bond, Clay, Clinton, Edgar, Richland and Sangamon counties seek court orders declaring there is no public health emergency as defined by Pritzker’s Public Health Department. Springfield, the state capital, is in Sangamon County.
Plaintiffs in each case seek injunctions against the disaster declaration Pritzker’s using to justify restrictions on public interaction to limit transmission of the virus. The state has reported 7,367 deaths among 167,000 confirmed cases of COVID-19, the illness caused by the coronavirus — mostly in Chicago and Cook County.
“You can’t put a county that has had nine confirmed cases and no one pass away under the same rules and restrictions as counties like Cook,” said Thomas DeVore, a Greenville attorney respresenting the plaintiffs.
* Edgar County is in the Fifth Judicial Circuit…
The Fifth Judicial Circuit has reported that it was notified Thursday afternoon that Cumberland County presiding Judge Jonathan Braden and at least one other court employee have tested positive for COVID-19.
*** UPDATE *** Vermilion County is also in the Fifth Judicial Circuit…
The Vermilion County Courthouse will be closed tomorrow after an employee in the circuit clerk’s office tested positive for COVID-19. […]
All of Friday’s court hearings will be rescheduled to a later date. Parties will receive a new court date in the mail.
* Here’s Annie Thompson at the attorney general’s office…
We take our role as the state’s chief law enforcement officer and the responsibility to protect the people of Illinois and our constitution seriously – even when that means defending against lawsuits that are frivolous. More than 166,900 cases of COVID-19 have been confirmed over the course of the pandemic. While many have fortunately recovered, many still suffer from long-term effects, and 7,367 individuals have lost their lives. Each life lost to COVID-19 is “significant,” and we will continue to defend the governor’s constitutional and statutory authority to protect the health and wellness of all Illinois residents.
* Meanwhile, here’s Mike Miletich…
Thursday was the first time Tom DeVore and the Illinois High School Association virtually appeared in Montgomery County court for a lawsuit over the Return to Play guidelines. Both parties had to appear over Zoom due to COVID-19 guidelines for the court. […]
The Association’s attorney, Matthew Hefflefinger, says everyone is dealing with a global pandemic right now, and things change hourly. He argues it’s reasonable to rely upon guidance from the Illinois Department of Public Health and the Illinois State Board of Education. Hefflefinger calls DeVore’s argument “nonsense,” as student-athletes won’t suffer irreparable harm from the guidelines.
Judge Kevin Parker said extracurricular activities and sports aren’t guaranteed as a right under the Constitution. Hefflefinger also explained students won’t be “barred from participating.”
Parker said he’ll need several days to review documents filed Thursday morning by the defendants. A ruling on the case is expected next week.
…Adding… Interesting move by ISBE…
Tag, you’re it! Today’s update from ISBE includes the following statement about sports: pic.twitter.com/FWNzQPajuf
— Sages Athletics (@SagesAthletics) July 23, 2020
* Also…
Jackson County Health Department reported 22 new cases of COVID-19 among residents on Thursday, according to a press release.
Of the 22 new cases, 18 were people in their 20s, three were in their 30s and one was a teen.
The release said 123 new cases in the county have been reported in July, and 78 of the cases, or 63%, have been individuals in their teens and 20s.
Jackson County is the home of SIUC.
posted by Rich Miller
Friday, Jul 24, 20 @ 10:58 am
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Can we please have a final ruling from the ILSC and settle this once and for all.
Comment by Huh? Friday, Jul 24, 20 @ 11:01 am
==Can we please have a final ruling from the ILSC and settle this once and for all.==
That’s the point. DeVore and Bailey want to milk it for everything it’s worth, so they’re playing this cat and mouse game where they never let it get to appeal and can keep claiming victory after victory before sympathetic judges.
Comment by Token Conservative Friday, Jul 24, 20 @ 11:10 am
Bailey keeps amending complaints which keeps the trial court from ruling which in turn, since there is no final trial court ruling, keeps the matter from moving along to appellate stage. Bailey keeps getting his name in the press every time another amended complaint is filed, which is what he wants. If the losing side in the other counties doesn’t appeal those cases will never advance up the the Supreme Court.
Comment by West Side the Best Side Friday, Jul 24, 20 @ 11:13 am
I am completely there with you, @Huh? This has gone past the point of ludicrous.
If I were on the bench, I would consider offering relief to the plaintiffs, IF a) they agreed to stop all traffic in and out of their counties (including that of politicians), b) agreed to permanently renounce ALL claim to any COVID-related assistance for their counties, and c) agree to take over the maintenance of all utilities and services in their areas AT THEIR EXPENSE so that other Illinois citizens don’t have to have ANY contact with these fools.
Comment by Mr. Smith Friday, Jul 24, 20 @ 11:15 am
To Rich’s point - if any of these counties win at any level, send them a bill for any emergency funds they took all the way back to the beginning. Hey, no emergency, no money. Let’s see what tough guys they are then.
Comment by Ron Burgundy Friday, Jul 24, 20 @ 11:16 am
===Also, are those counties prepared to give up their disaster funding?===
This was the first question I asked - do these counties really realize what they would be giving away?
Comment by DownSouth Friday, Jul 24, 20 @ 11:19 am
I’m old enough to remember being lectured to by elected Rs about the scourge of frivolous lawsuits
Comment by Dozer Friday, Jul 24, 20 @ 11:21 am
== Thursday was the first time Tom DeVore and the Illinois High School Association virtually appeared in Montgomery County court for a lawsuit over the Return to Play guidelines. Both parties had to appear over Zoom due to COVID-19 guidelines for the court. ==
I love these sentences.
Comment by Working From Home Friday, Jul 24, 20 @ 11:22 am
Effingham County announced yesterday that masks will be required in county government buildings starting today because of rising case numbers in Effingham and surrounding counties. Cue DeVore’s lawsuit in 3…2…1…
Comment by Zim Friday, Jul 24, 20 @ 11:26 am
At what point do DeVore and Bailey assume liability for harm caused through these frivolous lawsuits? Is the goal to just get exposure for a future state run or is it just to put a thumb in the eye of the governor because he’s a Democrat? I just don’t get this logic.
Comment by Fixer Friday, Jul 24, 20 @ 11:35 am
Jackson County is the home of SIUC but this place is a ghost town. Imagine when on campus instruction begins. Disaster in the making.
Comment by JSI Friday, Jul 24, 20 @ 11:36 am
I don’t think one can file suit against a theoretical action.
Comment by Pius Friday, Jul 24, 20 @ 11:36 am
==I don’t think one can file suit against a theoretical action.==
Surely Bailey and DeVore want to try.
Comment by Token Conservative Friday, Jul 24, 20 @ 11:46 am
Bailey and DeVore just can’t help themselves. The race to irrelevancy continues for the party, led by chief baffoon Bailey.
Ignorance of science, and frankly what’s happening in all the “freedom’ states (FLA, TX, AZ, etc.) is putting the party squarely on the wrong side of history with no R leader willing to say enough is enough.
Rebublican party success in IL requires (not optional) a Big Tent. Ignorance is neither a good look for the party, nor an encouraging recruiting method to grow the party. Bailey and his like are trading the big tent for a clown car.
Disappointing.
Comment by Animus Friday, Jul 24, 20 @ 11:56 am
“Imagine when on campus instruction begins.”
I have a niece attending SIUC. Because her classes are going to be taught on-line, she is staying home for at least the fall semester.
I can only imagine the hot spot a few weeks after the students arrive back on campus.
Comment by Huh? Friday, Jul 24, 20 @ 12:00 pm
McLean County has had a surge in Covid-19 cases since July 1. The 20-29 population is the largest of the newly infected. ISU students who rent apartments for could take possession on July 1 for the fall semester. There were reports of large gatherings on July 4 in the apartment complexes. As of yesterday there are 429 cases–on July 1 261 cases were reported.
Stats for the county including infection by age are reported on this website– https://health.mcleancountyil.gov/708/CORONAVIRUS-COVID-19
Comment by Nearly Normal Friday, Jul 24, 20 @ 12:03 pm
Getting a judge that has signed off on holding criminals without trial for 4 months that there is no emergency. Good luck.
Now that I say that, are they doing jury trials in Clay County?
Comment by the Patriot Friday, Jul 24, 20 @ 12:21 pm
“I don’t think one can file suit against a theoretical action.”
If you wanted, you could FILE a suit against your own shadow.
It likely wouldn’t survive long, but you could file it.
– MrJM
Comment by @misterjayem Friday, Jul 24, 20 @ 12:24 pm
Dozer, your memory if fine. It’s the GOP that’s defective.
Comment by Norseman Friday, Jul 24, 20 @ 12:34 pm
Just curious, how many bills has Representative Bailey been responsible for? Compared to the number of lawsuits?
Maybe he is in the wrong branch of government.
Comment by Henry Francis Friday, Jul 24, 20 @ 12:40 pm
I had heard DeVore was going to do these lawsuits when he was bragging about how great he was on WMAY, but really didn’t think it would happen.
So other than Clay County cause I guess they love him and Bailey, but these other County’s is it just him standing for the County or is there some family that has hired him? Who in Sangamon County can stand up and say Hey this guy doesn’t represent us and we don’t want him doing this?
I’ve said it before he’s dangerous for the people. When he talks about the Governor’s guidelines he just laughs like it’s a joke. I don’t understand that line of thinking at all.
Comment by Just Wondering Friday, Jul 24, 20 @ 12:46 pm
I believe Judge Braden is of the same political party as Bailey. Maybe Bailey can stop by the Cumberland County Courthouse when it reopens in August, to check in on the Judge to see how he is doing. {sigh} Bailey and DeVore need to stop with this crazy “all about me” behavior. People in the Senate District that Bailey wants to represent are dying.
Comment by {Sigh} Friday, Jul 24, 20 @ 12:49 pm
As long as Bailey keeps filing amended complaints he get his and his attorney’s names out before the public and never has to worry about the Supreme Court ruling against him because nothing ever makes it to the Supreme Court.
Comment by West Side the Best Side Friday, Jul 24, 20 @ 12:54 pm
Bailey seems to not understand that the pandemic began with a single person being infected. Clay County, he says, has 15. How does he suppose those infections spread?
Comment by JackD Friday, Jul 24, 20 @ 1:26 pm
==Bailey seems to not understand==
Don’t over think it. People are paying him to file suits. That is about all. Lots of attorneys take money to file things they know they can’t win.
He is cashing in, but taking attention from real legal issues like the universal suspension of due process.
Are they trying jury trials in Clay County? That seems to be a good barometer of what a court/community really thinks.
Comment by the Patriot Friday, Jul 24, 20 @ 1:36 pm
Maybe Bailey hopes that fifteen will go down to zero real soon.
Comment by Fixer Friday, Jul 24, 20 @ 1:40 pm
According to the NY Times tracking, the 10 counties with the most cases per capita in the last 7 days are Gallatin, Union, St. Clair, Cass, Hardin, Saline, Jackson, Douglas, Randolph and JoDaviess. Not Cook, Kane, Lake, DuPage. Not even Sangamon, Peoria, McLean.
Jasper, Cass and Union County are in the top 5 for deaths TOTAL.
The overall numbers are smaller in smaller counties, but only because the counties are smaller.
Comment by shaking my head Friday, Jul 24, 20 @ 1:41 pm
“Maybe Bailey hopes that fifteen will go down to zero real soon”. That sounds familiar. Where did I hear that before?
Comment by JackD Friday, Jul 24, 20 @ 1:47 pm
Judge Braden is a very talented young man with a young family. I wish him and his family well. Overall, the judges in the Fifth Circuit skew older and more conservative. But the ones I have met also tend to be practical and cautious. I have a feeling Devore is going to be shot down and his plaintiffs will be crying about it in their newsletter.
Comment by The Ford Lawyer Friday, Jul 24, 20 @ 2:05 pm
Most counties are at least making provisions for jury trials. However, when defense counsel come into courtrooms that formerly sat 75 people but now seat 15 in order the facilitate social distancing, and realize that some jurors will be sitting 20 yards from the witnesses testifying, the attorneys then elect to continue their cases. Especially if their client is not in custody.
Comment by WillRez Friday, Jul 24, 20 @ 2:58 pm
All of these lawsuits have Rauner’s name all over them. No doubt his pack is funding those lawsuits.
Comment by M Friday, Jul 24, 20 @ 4:14 pm