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August 12, 2022

Bailey v. Pritzker: Motion To Add Count V Alleging No Public Health Emergency As Defined In Law

By Kirk Allen & John Kraft

On July 22, 2020

Clay Co.  (ECWd) –

Representative Darren Bailey through is Attorney Tom DeVore of Silver Lake Group Ltd. has filed a motion to file an Amended Complaint in addition to filing a response to the Governor’s motion to dismiss Count 1 of the complaint.

Contained in the amended complaint is Count V seeking the following.

A. Declaring no public health emergency existed in Clay County on June 26, 2020, as defined by Section 4 of the IEMAA;
B. Declaring Pritzker has no current emergency power as defined in Section 7 of the IEMAA in Clay County given no valid proclamation of disaster issued on June 26,
2020;
C. Declaring any subsequent disaster proclamation issued by Pritzker for Clay County on or before July 26, 2020, is invalid as no public health emergency as defined in Section 4 of the IEMAA exists;
D. Declaring any emergency powers which Pritzker might proclaim in Clay County, pursuant to any subsequent disaster proclamations issued by Pritzker on or before July 26, 2020, are invalid as no disaster due to a public health emergency as defined in Section 4 of the IEMAA exists;
E. Awarding Bailey his costs incurred in this matter as may be allowed by law;
F. That the Court grant such other and further relief as is just and proper.

We note that the focus of this count is on the definition of Public Health Emergency as found in the Illinois Emergency Management Agency Act.  We wrote about this issue at great lengths in two recent articles, here and here.

We will update you with a new article once we know any hearing dates for these motions.  We suspect the motion for the amended complaint will be granted and then the Governor is going to be given time to respond.

A copy of the filings can be downloaded at links here and here or viewed below.

bailey.motion for leave to amend
Baileyresponse7.22.20

 

 

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8 Comments
  • Dave
    Posted at 07:31h, 23 July

    Good, don’t let Pritzker get away with anything

  • Tony
    Posted at 08:30h, 23 July

    Interesting: So what is the proper rate of casualties to constitute a health emergency? It’s certainly not flu level otherwise we’re in constant lockdown living in bubbles all our lives. But Corona also doesn’t rise to the level of Bio Terror or Nuclear incident where there’d be a whole ton of casualties all at once.

    Corona doesn’t rise to the level of other Pandemics.
    Spanish flu was 2.5%.
    Bubonic plague was around 10% (Of course the population was lower then, which causes a higher rate).
    Paralytic Polio was 2% (on the low end) in its heyday.
    Flu typically doesn’t get above 0.1%. (Hence it’s never a pandemic)
    Corona is hovering around 0.4%-0.6%,(In a US health system)(If you add those who died WITH corona to those who died OF Corona might be around 0.8%).

    So what’s the cutoff? Truth be told, it’s going to need to be pretty substantial if we’re going to allow a governor to be King during any given pandemic going forward.

    • Carla Poorman
      Posted at 10:28h, 23 July

      Every word of your comment is absolutely correct and this whole COVID19 is a shame and governor’s controlling habits are unlawful to say the least!! Makes me feel sick to my stomach to think of how he(and others) has led most of us to believe this crap!!

  • Stacy
    Posted at 15:37h, 23 July

    Am I understanding correctly that if the judge rules in Bailey’s favor on amended Count V, that will cause all his executive order to be invalid from the get go? As in, he never even had the first 30 days? Because that would be a beautiful thing.

    • Tony
      Posted at 18:39h, 23 July

      I’m gonna say no on that one only because the first 30 days were a big unknown and he would have the benefit of the doubt at that point. Remember much of this case is about continued EOs after 30 days w/o legislative authority.

      The added count is more about holding a Governor and IDPHs feet to the fire with some sort of standard that can be pointed to that they would have to provide evidence to prove…not just say the science supports their decision making and then provide no science when requested.

      This count is more of a reform going forward.

      • Stacy
        Posted at 20:11h, 23 July

        Thanks for the reply! I’m no lawyer, but it’s been very interesting following these cases. Makes sense, so the first Emergency Declaration would still be valid because at that point, no one knew how bad this would be. But even if their argument is they should have been able to make new Emergency Declarations every 30 days, by that point the data showed there was no widespread loss of life, making the Emergency Declarations invalid. We’ve known all along there was no “science” or “data” but I’m enjoying watching the Governor’s tyranny be challenged.

  • jannie
    Posted at 11:29h, 24 July

    Are we the taxpayers paying for all these lawsuits & since many other governors are doing the same thing — shouldn’t there be a “class action” suit against “all the governors” who have done the same thing. And since the president of the US has said, previously it’s (Covid=19) is a hoax, wait now he said it’ll get worse before it gets better, well either way. There needs to be a “Class Action Suit” Go after all the governors who have been doing things to try to save lives.

    • HT
      Posted at 12:15h, 24 July

      There you go again, believing, or rather, repeating that your communist leaders are keeping anyone safe. You must have learned from your communist manifesto that if you repeat a lie long enough, it will become truth.

      In case you forgot that you still live in America, each state has its own legislature and constitution. If you keep up w/ real news at all, you’d know that many other states also have the rule of law applied, and there are numerous lawsuits going on toward those socialist democrats governors.

      How about the taxpayers’ money to pay government workers and teacher to NOT work, while they’re joining in all of these stupid riots?

      How about the taxpayers’ money build up cardboard hospital beds at McCormick place just to fool people like you of this PLANDEMIC, and then quietly dismantling them w/o a peep from them and their media mouthpieces?

      How about taxpayers’ money that was wasted on not having police protection when your kind looted and burned down businesses?

      How about taxpayers’ money spent on police (yes, the police!) to stand guard outside these tyrants’ homes when the riots were going on?

      There should be class action lawsuits against these socialist mayors and governors for purposely ignoring the violence from their voters that have been hurled at actual taxpayers.

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