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August 13, 2022

Governor Pritzker/ISBE/IDPH Sued in Montgomery and Adams Counties today

By John Kraft & Kirk Allen

On July 28, 2020

Illinois  (ECWd) –

Illinois Governor JB Pritzker is now facing 2 more civil suits regarding the validity of his disaster proclamations that were based on a public health emergency, and his most recent declaration which included Montgomery and Adams Counties by name..

Each of the cases is focused on the emergency disaster proclamations and the statutory definition of “Public Health Emergency” as outlined in the Emergency Management Act.  As we outlined in now three articles, here, here, and here, in order for the Governor to be able to declare a disaster because of a public health emergency the definition of PHE must be met.

Counties where the lawsuits were filed today:

Montgomery County  – TRO Filed also – Plaintiff Thomas DeVore

Adams County – Plaintiff Roni Quinn

Previously file lawsuits:

Bond County – Plaintiff Thomas DeVore

Clinton County – Plaintiffs Steve & Angela Gorazd

Edgar County Plaintiffs Kirk Allen & John Kraft

Richland County – Plaintiff Daniel English

Sangamon County – Plaintiffs Riley Craig, Keith Ayers, Chris Schmulbach

If there were ever any legal cases to test the most basic rule of law, these appear to be them.  The basic question the courts must determine, does the definition mean what it says or something else?

We will update with future articles as these cases move through the courts.

 

 

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10 Comments
  • jannie
    Posted at 10:03h, 29 July

    My take on all this — there are too many lawyers – with “too much time on their hands”. I suppose that my taxpayer money is paying to defend these frivourous (sp) lawsuits. I wonder “if the governor was repulican” would there be these lawsuits – or is it basically all politics. Actually, I wasn’t really thrilled when he was elected, but I feel he’s doing a good job during this difficult crisis.

    • homer
      Posted at 19:19h, 29 July

      well said jannie

    • PK
      Posted at 19:36h, 29 July

      Frivolous are the portions of your taxes being allocated to the solvency of the state’s pension fund.

      Of course the Governor’s attorney would go on record to describe the lawsuits as being frivolous. Previously the Governor described Representative Bailey’s lawsuit as being reckless.

      From near the beginning through the end, the Governor’s daily press conferences (coined “daily updates”) seemed more than a little superfluous.

    • Tony
      Posted at 07:54h, 30 July

      These lawsuits aren’t frivolous when:

      – The powers that be tout science, then provide none, when asked, to justify their decision making.
      – When the currently existing written laws don’t allow them to do what they are doing.
      – When the currently written laws are incomplete in their definitions (as the issue of the suits to define Public Health Emergency).
      – When a majority of the state that doesn’t have the issues of Cook and the surrounding counties are being treated as Cook and the surrounding counties.

      Maybe, just maybe, if these issues were addressed from the get go, there wouldn’t be such lawsuits. But until they are, they aren’t frivolous.

  • Cindy
    Posted at 10:44h, 29 July

    The problem is THERE IS NO CRISES. This has been a hoax since day one. These attorneys are the ONLY ones standing up for your civil rights. Too bad no one cares.

  • Golden Country
    Posted at 13:29h, 29 July

    Jannie if you would take the time to research this issue you would realize that this virus is no more deadly than for example the swine flu
    Adams county has had 1 death out of a population of 67000 and that individual was in his 80’s and had other issues

    The issue for me is unelected state bureacrates substituting their judgement for locally elected officials

    Stop listening to CNN and start researching and your will soon be enlightened

    • PK
      Posted at 19:46h, 29 July

      Furthermore, where’s the media with THE story about folks aged into the most vulnerable population as a result the steady increase in life expectancy occurring throughout the last century. Fewer of these folks having fewer comorbidities would be great!

  • jannie
    Posted at 13:49h, 29 July

    I don’t watch those talk news programs including Fox, CNN, MSNBC, etc, etc. so my observations are from printed media of a variety sources. Like you, I thought it wasn’t more than a common Flu – but then I heard the about the numbers of deaths.in foreign countries. Yes, some people die from the common flu, but not in the large scale we were seeing. If this was just in one country, ok they have a bunch of old people with health issues, but this virus is, I believe more deadly. This is a public health issue. I’m not sure what the answer is, but at least this governor whether dem or rep. isn’t just sitting on his hands – at least trying to do something, whether I like it or not.

    • Tony
      Posted at 08:11h, 30 July

      Just some food for thought:

      To non-vulnerable populations, it is less deadly than the flu.
      To vulnerable populations it is more deadly than the flu.

      It is however, much more contagious than the flu. And many news sources are conflating the contagiousness with the deadliness. However one contributes to the other, there’s no denying that.

      The the fact it is less deadly in non-vulnerable populations, is a large contributing factor to its spread. Someone can have it and be perfectly healthy otherwise, and still spread it without even knowing it.

      But by that same token, if people can safely get infected and keep away from vulnerable populations, you have to ask these questions…why not let people take that chance? And if people feel they may be vulnerable why don’t they just sequester themselves and let everyone else get on with their lives?

      Everyone is then responsible for themselves and there’d be little need for government involvement outside of vulnerable institutions or egregious offenders of health guidelines.

  • Lara
    Posted at 14:29h, 29 July

    Jannie, no. Living like this is ridiculous, we will develop herd immunity. In case you haven’t been paying attention the WHO said this is one big wave, not seasonal. You can’t control a natural disaster. And I’m laughing at your complaint about taxes. Please, why are you living in IL?

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