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Pritzker files emergency rules late Friday

reelpro

By reelpro
in Illinois Politics

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lockman Member

lockman

Posted
Posted
Public Health Act, 20 ILCS 2305Sec. 8.1. Whoever violates or refuses to obey any rule or regulation of the Department of Public Health shall be deemed guilty of a Class A misdemeanor.

 

 

So he wants to by fiat impose the criminal sanctions of the Public health Act, without the due process provisions also contained within the act such as:

 

Business, person or location must be issued a quarantine order .

 

The order must be based on a reasonable belief that the subject of the order posses an immediate risk to the public health.

 

Order expires in 48 hours unless uncontested or extended by a local court upon a hearing providing due process.

 

 

^ this ***

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carry205 Member

carry205

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I cannot wait to move out of this God forsaken state. Closing on a house in Missouri on June 2, our house here goes on the market June 6, moving June 7. I’m driving to Missouri on the 30th, but you watch, that jackwagon will extend the stay at home order, and I will be behind bars, thus losing my ccl. What a joke...

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soundguy Member

soundguy

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I cannot wait to move out of this God forsaken state. Closing on a house in Missouri on June 2, our house here goes on the market June 6, moving June 7. I’m driving to Missouri on the 30th, but you watch, that jackwagon will extend the stay at home order, and I will be behind bars, thus losing my ccl. What a joke...

 

I've gotta guess that you actually know you would fall under the auspices of essential travel... even if travel actually was restricted.

Travel has not been restricted. Except maybe on paper.

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ddan Member

ddan

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Any person who violates the provisions of this Sectionshall be subject to the penalties set forth in Section 8.1 of the Act. What "ACT" are they referencing?

Illinois Emergency Management Agency Act, 20 ILCS 3305 (presumably)EDIT:It appears to be Department of Public Health Act, 20 ILCS 2305Sec. 8.1. Whoever violates or refuses to obey any rule or regulation of the Department of Public Health shall be deemed guilty of a Class A misdemeanor. The Director of Public Health shall institute prosecutions and proceedings for violation of the rules and regulations adopted by the Department of Public Health, provided that he may designate a local board of health or local health officer to institute prosecutions or proceedings for violation of those rules and regulations adopted by the Department. Each State's Attorney shall prosecute all persons in his county violating or refusing to obey the rules and regulations of the Department of Public Health. All fines or judgments collected or received shall be paid to the County Treasurer of the county in which prosecution is conducted.

Problem is, the state-wide business closures have not been ordered by the state or any county Department of Health. They have been ordered by Pritzker himself by way of EO. Shutting a business by the department is a fairly high bar, too. They have to provide cleaR and convincing evidence of an imminent threat to public health. And they also have, I think, 48 hours to obtain a court order. I’m frankly shocked that the Illinois Restaurant Association and other business lobby groups haven’t attacked these blatantly unconstitutional closures. They’ve meekly donned their masks and gone along with this stuff.

 

Anyway, in order to bring these misdemeanor charges, he’d need someone to arrest the “offender,” and I think that might be increasingly difficult as local law enforcement realize the jeopardy they are under via deprivation of civil rights under the color of law. That brings PERSONAL liability with no qualified immunity. Cops know this.

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Colt guy Member

Colt guy

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Posted

 

So when will it become a bridge too far ? Will it be the hand wringers who win out or people who want to be free and take care of themselves ?

Look behind you... we've already crossed.

 

Agree but even the Re Open protests were sparsely attended. I guess people are to fearful to get out en masse .

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mab22 Member

mab22

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Posted

 

 

 

Illinois Emergency Management Agency Act, 20 ILCS 3305 (presumably)EDIT:It appears to be Department of Public Health Act, 20 ILCS 2305Sec. 8.1. Whoever violates or refuses to obey any rule or regulation of the Department of Public Health shall be deemed guilty of a Class A misdemeanor. The Director of Public Health shall institute prosecutions and proceedings for violation of the rules and regulations adopted by the Department of Public Health, provided that he may designate a local board of health or local health officer to institute prosecutions or proceedings for violation of those rules and regulations adopted by the Department. Each State's Attorney shall prosecute all persons in his county violating or refusing to obey the rules and regulations of the Department of Public Health. All fines or judgments collected or received shall be paid to the County Treasurer of the county in which prosecution is conducted.

Problem is, the state-wide business closures have not been ordered by the state or any county Department of Health. They have been ordered by Pritzker himself by way of EO. Shutting a business by the department is a fairly high bar, too. They have to provide cleaR and convincing evidence of an imminent threat to public health. And they also have, I think, 48 hours to obtain a court order. I’m frankly shocked that the Illinois Restaurant Association and other business lobby groups haven’t attacked these blatantly unconstitutional closures. They’ve meekly donned their masks and gone along with this stuff.

 

Anyway, in order to bring these misdemeanor charges, he’d need someone to arrest the “offender,” and I think that might be increasingly difficult as local law enforcement realize the jeopardy they are under via deprivation of civil rights under the color of law. That brings PERSONAL liability with no qualified immunity. Cops know this.

 

 

Exactly. If say you sued Pritzker and received a monetary award even if it it was 7 figures it would be pocket change.

Say you have a dispute with a cop, somebody gets it on their phone and in reality it's like that crowd in the Fresno, California Waffle Shop.

That 5 foot tall cop pushed that woman without provocation and what if she fell and hit her head? (She was not blocking the entrance)

Fresno and the tubby little cop are on the hook for 7 figures. A 7 figure judgement against a cop bankrupts him.

It went far beyond deprivation of civil rights, it was battery of some woman who was just standing there.

Fresno California would throw him under the bus and he would work every day for the rest of his life to pay the judgement against him.

 

Officer might have immunity and Fresno would not only have to pay is legal defense, and probably the fine.

 

Fresno may have the same setup, or California more specifically.

 

In Illinois, we have the Tort Immunity Act. The Illinois Supreme Court abolished Sovereign Immunity in 1959 with its decision in Molitor v. Kaneland Comty. Unit Dist. No. 302, 18 Ill. 2d 11 (1959). In response, the Illinois General Assembly enacted the Local Governmental & Governmental Employees Tort Immunity Act in 1965 (commonly referred to as the Tort Immunity Act). 745ILCS 10/1 et seq. The Tort Immunity Act (TIA) protects public entities and employees from liability for its actions. However, this immunity is not absolute, it merely protects some (not all) of the activities of governments. 745 ILCS 10/1-101.1(a).

 

From - http://www.heylroyster.com/_data/files/Seminar%202015/Govt/E-AJK-V4-Final.pdf

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Chip74 Welcome New Member

Chip74

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Posted

How is this even constitutional?

 

The thought that they will put people in prison for up to a year in addition to a $2500 fine is insane. This is just for exercising our constitutional rights as an American citizen. Especially when they are letting hardened criminals out of prison so they wont get Covid 19. That is an entirely separate discussion though, somethings else I do not agree with. They are willing to let rapists, gang bangers and murderers out in the street, but will imprison someone trying to put food on the table. I dont even recognize my country any more.

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