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The bluster continues

Posted in:

* BND

The Fainting Goat restaurant in Pocahontas, which has served customers inside this month despite a state-imposed ban on such services, has been cited by the Illinois State Police for an alleged violation of the Illinois Department of Public Health Act.

An attorney for the restaurant’s owners said the citation has “no merit.” […]

As of Sept. 12, the positivity rate in Clinton County was 17.6% and in Bond County it was 11.3%, according to the latest available statistics from the state.

Wanna guess who the lawyer is?

Tom DeVore, a Bond County attorney who is representing the Driemeyers, said the ticket issued on Thursday to The Fainting Goat in Pocahontas and another one issued to a client in Monroe County should not have been issued based on his interpretation of state law. […]

DeVore argues that according to this section, citations can only be issued “when there is a rule of the department of health that’s being violated or part of the actual health law that has been violated.”

If people in Region 4 continue listening to DeVore and his ilk, they will never get out of mitigation. Just ridiculous.

* From the Illinois State Police

In response to a consistently high positivity rate in Region 4 and complaints about a small number of businesses violating public health rules, the Illinois Department of Public Health requested assistance from the Illinois State Police in our role of helping to enforce IDPH emergency rules. As outlined in the administrative rule, enforcement is an incremental process starting with a notice of non-compliance. If businesses continue to not comply, as has been the case in some instances in region 4, state or local law enforcement can issue the business a misdemeanor citation, similar to enforcing indoor smoking laws. Local state’s attorneys determine how to proceed as they would in any other misdemeanor case.

posted by Rich Miller
Monday, Sep 21, 20 @ 3:06 pm

Comments

  1. Tired: Typhoid Mary
    Wired: COVID Tommy

    Comment by Roadrager Monday, Sep 21, 20 @ 3:10 pm

  2. 17.6% positivity rate in Clinton County!
    A) Dont go to Clinton County without a hazmat suit
    B) What are they doing in Clinton County to spread covid so much? Big sneeze parties indoors with no masks allowed and mandatory attendance?

    Comment by Maximus Monday, Sep 21, 20 @ 3:13 pm

  3. Credibility is Sacred - If a Lawyer , Cop , or any other witness loses Credibility with the Courts they are no longer effective and are useless. Beware to All

    Comment by Red Ketcher Monday, Sep 21, 20 @ 3:14 pm

  4. Some businesses? Nope. Most businesses.

    Comment by Blue Dog Dem Monday, Sep 21, 20 @ 3:31 pm

  5. ===Local state’s attorneys determine how to proceed as they would in any other misdemeanor case===

    Same group that was proudly announcing they were not going to prosecute any citations during the lockdowns in the spring.

    Sure. That will happen.

    Next step in this is that some people are going to have to look up a new term - nolle prosequi

    Comment by TheInvisibleMan Monday, Sep 21, 20 @ 3:39 pm

  6. A reception venue in Pocahontas has hosted at least 2 wedding reception with 100+ guests since the increased mitigation measures were put into place..

    Comment by Joan Monday, Sep 21, 20 @ 3:41 pm

  7. On their facebook page, they seem so proud to be a superspreader.

    Comment by Bruce( no not him) Monday, Sep 21, 20 @ 3:41 pm

  8. Another place to add to the list of places I will not being doing business with in the future.

    Comment by Fixer Monday, Sep 21, 20 @ 4:06 pm

  9. Cases were up 17% last week and deaths were up 5%. This is after 8 weeks of declines. It’s going to be a long fall/winter. How anyone could continue to flaunt the rules in the face of all of this is beyond me. I’m glad to see that we’re putting some effort into enforcement.

    Comment by Pundent Monday, Sep 21, 20 @ 4:11 pm

  10. Trump first said it was something that would disappear, it’s not dangerous.

    Trump then told Woodward it is “Deadly”, and far deadlier than the flu.

    The reality is that cult-like thinking is dangerous during a pandemic when the leader decides downplaying the dangers is a political decision and not a medical one.

    DeVore will take your money, then graciously lose… and still cash the check.

    Think on this;

    DeVore gets paid no matter if they win or lose, or need to pay fines too.

    The winner isn’t the state, the locals, the defendants… the winner is DeVore.

    Grifting pays well.

    Comment by Oswego Willy Monday, Sep 21, 20 @ 4:13 pm

  11. As I’ve mentioned previously, most bars and restaurants are ignoring the mitigation restrictions and doing full indoor bar and food service. The local governments will do nothing.

    The state needs to either enforce the restrictions or just quit trying in that region.

    Comment by El Conquistador Monday, Sep 21, 20 @ 4:44 pm

  12. DeVore is straight up annoying and attention seeking. I noticed he commented on the social media of one of the legislators from Region 7 who was informing their constituents about the removal of mitigation restrictions.
    He called the post irresponsible and accused the legislator of abandoning their oath. I avoid social media fights, but it took everything I had not to call him a covidiot.

    Comment by Illinana Monday, Sep 21, 20 @ 4:53 pm

  13. Fixer

    At this point, there are entire towns I will never set foot in again. Most of these places are just following through on the example their local leaders have given them. These places aren’t rebelling, they already had the green light from their local officials that nothing would be done to them. We all remember how many county sheriffs came out and flat out said they would not enforce anything.

    That’s why the state police are having to step in now. Local law enforcement is probably dining at these places.

    I do feel sorry for some of the people that are trapped in these towns and are trying to take it seriously, but some towns are clearly better off turning into ghost town.

    Comment by TheInvisibleMan Monday, Sep 21, 20 @ 5:14 pm

  14. =Local state’s attorneys determine how to proceed as they would in any other misdemeanor case=

    When you get to these small, rural counties there is a lot of familiarity. These SA’s often know a lot of people so there is a bit of the good o’l boy thing going on. Maybe these positions should be appointed by the state to get more impartiality. Maybe by a panel of state judges?

    Comment by JS Mill Monday, Sep 21, 20 @ 5:56 pm

  15. Local business owners are convinced that DeVore has come up with some type of brilliant legal argument that allows them to stay open. But his maneuvering has only given cover to local officials, who already oppose restrictions, and who cite his cases in arguing that courts have not yet decided whether Pritzker’s orders are enforceable.

    Comment by Southern Monday, Sep 21, 20 @ 8:31 pm

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