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* This newspaper story is so chock full of misinformation that I had to post it…
Like other COVID restrictions, it all came in the form of executive order, meaning without approval from the General Assembly. […]
“The problem is the executive branch, the governor’s branch, does not make laws,” said John Wagner, administrator of the Monroe County Health Department in the Metro East. “It’s much easier to enforce if the legislators get involved.”
Because the measures aren’t backed by state statute, some law enforcement and prosecutors are leery about bringing cases.
What?
The executive orders derive authority directly from state laws, which, in order to become state laws, had to be approved by the General Assembly. And those laws have been on the books for a lot of years. It’s the main reason why judges have upheld the EOs time and time again. The GA also passed several bills this past May which an appeals court cited in its recent opinion…
Our reading of the Act is bolstered by recent legislation that explicitly refers to the Governor’s authority to issue successive disaster proclamations.
* There was also the obligatory DeVore quote…
Tom DeVore, a Bond County attorney who represents restaurants that want to remain open, said punitive action, including tickets from Illinois State Police, have “no merit.” DeVore also has worked on the case of Bloomington’s Cadillac Jacks for COVID rule violations.
No context at all in the story about how DeVore has lost every case except for when he was in front of a decidedly odd judge in Clay County. Nobody would seriously interview Jim Oberweis about the best way to be elected to statewide or congressional office. Same applies here.
Also, Cadillac Jacks paid $1500 to avoid losing its liquore license.
posted by Rich Miller
Thursday, Dec 10, 20 @ 10:38 am
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I wonder if this wise health department administrator can point me to the specific law that states washing dishes at a certain minimum temperature in a restaurant is required.
How is this guy not resigning in embarrassment.
Comment by TheInvisibleMan Thursday, Dec 10, 20 @ 10:46 am
Why is the Marietta (GA) Daily Journal concerned with IL?
Comment by Lefty Lefty Thursday, Dec 10, 20 @ 10:47 am
==tickets from Illinois State Police, have “no merit.”==
After welshing on JB, it sounds like DeVore wants to do the same with the ISP.
Comment by Jocko Thursday, Dec 10, 20 @ 10:48 am
==tickets from Illinois State Police, have “no merit.”==
I sure hope that includes speeding tickets.
Comment by Bruce( no not him) Thursday, Dec 10, 20 @ 10:54 am
Hence so many of the COVID related difficulties in Monroe County.
1. No daily or public updates or weekly or period.
2. using phrases like “about x many active cases” About?
3. Saying that positivity rate couldn’t be determined because people were testing across the river in MO…
Indeed Google some his previous remarks, it won’t make you feel any better.
I worked with that admin - back in the day befoore he was promoted to Administrator when he was doing “environmental health” i.e. inspecting new sewage and septic systems being put in and doing the occasional food inspection.
Nice enough fellow, but seriously out of his league with any of the COVID related stuff.
Comment by DownSouth Thursday, Dec 10, 20 @ 11:00 am
The next time a state cop attempts to hand you a ticket, drive away screaming “you have no merit”.
See how that works out.
Comment by Flyin' Elvis'-Utah Chapter Thursday, Dec 10, 20 @ 11:02 am
So DeVore is arguing that the ISP have no enforcement authority?
I thought the conservative rabbit hole couldn’t get any deeper.
Comment by Flyin' Elvis'-Utah Chapter Thursday, Dec 10, 20 @ 11:04 am
Why does anyone, I mean anyone listen to DeVore anymore?
Comment by Give Me A Break Thursday, Dec 10, 20 @ 11:06 am
That’s where the problem is with Tom DeVore. He states in his opinion this has “no merit” or that has “no merit”. So everyone is buying into it. He states he’s talked to the Illinois State Police and they aren’t going to enforce the Governor’s mitigation guidelines. They are just giving warnings and in his opinion that means it’s because his guidelines have “no merit”.
Back in March I got one of his letters from a local gym he represents. It’s on letterhead I’ll give him that. Other than that it’s just a bunch of his his opinions of what he thinks the law should mean. Plus he gave the local health department three days to contact him and since they didn’t then he has the right to make the decisions to allow them to open.
I’m sure the reason he always goes for the oral arguments is he knows his typed words would be tossed out before everyone could even take a seat in the courtroom.
Comment by Club J Thursday, Dec 10, 20 @ 11:06 am
===Why does anyone, I mean anyone listen to DeVore anymore?===
Because he is saying what some people want to hear…and they ignore all the people saying what they don’t want to hear. Selective listening is running rampant.
Comment by Stu Thursday, Dec 10, 20 @ 11:12 am
As a Monroe County resident, I have been reading John Wagner’s comments since March. This is nothing new from him. He made the choice months ago to politicize the pandemic, and that in part has fueled public flouting of restrictions by businesses and individuals. I look around Monroe County and the ignorance I see displayed just makes me so sad.
Comment by Tired211 Thursday, Dec 10, 20 @ 11:12 am
I hope Wagner knows more about public health, than he does about the law. His lack of knowledge is harming his ability to protect his constituents’ health. Rather than showing off his lack to a reporter, Wagner should be consulting with IDPH.
As for the reporter - well, Rich pointed out the poor quality of the story.
Comment by Norseman Thursday, Dec 10, 20 @ 11:17 am
Why do people keep hiring Devore? Because people have short memories and, generally, are not very informed on current events. They see a bar or gym posting something on facebook about how Devore got them reopened, then they assume Devore has some brilliant legal strategy. The embarrassed bar owner never does a follow-up post about how Devore cost them a lot of money, but accomplished little. Also, a lot of people are gullible — it’s why pyramid schemes and con games and swindles will always be around.
Comment by Southern Thursday, Dec 10, 20 @ 11:21 am
===Why is the Marietta (GA) Daily Journal ===
It’s a Lee Enterprises story. But I’m told that it may have been plagiarized from this BND piece https://www.bnd.com/news/coronavirus/article247553680.html
Comment by Rich Miller Thursday, Dec 10, 20 @ 11:26 am
WQAD said the Henry County Health department was going to allow indoor dining. Shouldn’t the state act against these counties?
Comment by Not a Billionaire Thursday, Dec 10, 20 @ 11:29 am
Too bad about Joe’s Station house, used to go there when I was in Blono. They are off my list now.
=So DeVore is arguing that the ISP have no enforcement authority?
I thought the conservative rabbit hole couldn’t get any deeper.=
Exactly. What happened to the “law and order” stuff?
Comment by JS Mill Thursday, Dec 10, 20 @ 11:29 am
Who else will be ecstatic when DeVore is no longer a topic of conversation?…besides me.
I’d much rather discuss P.T. Barnum…or any other (successful) carny barker.
Comment by Dotnonymous Thursday, Dec 10, 20 @ 11:55 am
Just wanted to answer your question - No no one actually uses google anymore, obviously.
Comment by Frank talks Thursday, Dec 10, 20 @ 6:55 pm