Kenneally versus Pritzker

The refusal of McHenry County State’s Attorney to toe the line banning indoor dining ordered by Illinois Governor JB Pritzker took the spotlight away from Pritzker on WBBM-TV News last night.

Restaurants CBS-TV featured Monday as allowing indoor dining in McHenry County include Around the Clock, the Red Mill Inn and J.B. Cobb’s.

As reported when Kenneally announced it the day before Thanksgiving, the State’s Attorney is refusing to enforce Pritzker’s prohibition on indoor dining.

Crystal Lake restaurant Around the Clock and Woodstock restaurants Red Mill Inn and D.B. Cobbs were featured on the news report.

The McHenry County Board of Health has asked the County Board to approve the Health Department’s being able to fine violators of ordinances without going to court.

It points out every other Chicago area health department has an administrative adjudication process similar to that used by towns with red light cameras.

Now, prosecution in court by the State’s Attorney is required.

And McHenry County State’s Attorney Patrick Kenneally refuses to do so.


Kenneally versus Pritzker — 56 Comments

  1. Kenneally smells the reaction brewing in the populace, and takes notice.

    Pritzker has become a hated figure.

  2. Does the special rules that Pritzker uses include the rule of force?

    Can they send in a SWAT team to close these restaurants down?

    It seems as though he is making it up as he rolls along

  3. The emperor has no clothes !

    Looks like a revolution is brewing, and it’s about time.

  4. The restaurants could also sponsor daily protests.

    Instead of Taco Tuesday it would be Protest Tuesday

    Why are you protesting?

    The lack of Taco Tuesday!!!

  5. I would suggest the board not give such authority to the health department.

    Such actions would not sit well with the people of mchenry county as our states attorney has probably noticed at this point

  6. If an elected official refused to to his job, then he won’t get my vote.

    He needs to be fired.

    Why he is applauded is beyond me.

    Politics doesn’t mean you only do your job if you feel like it.

    We are a nation of laws.

    As much as we sometimes might like it, not one American is above the law.

    What will we do if there is no room for car crash or heart attack victims in the hospitals?

    This madness against common sense has to end. Those on the right were outraged that little was being done to quell the violations of the law in cities across the country this summer.

    But now cheer on another law enforcement official for not quelling more violations of the law.

    Do citizens want law officials to enforce some laws and ignore others?

    And who decides which?

    Sounds a lot like a third world country! I thought we didn’t want to be like Venezuela.

  7. Good job Patrick.

    I hope our county board doesn’t give bureaucrats the power to fine.

  8. Gasser is right!

    What’s going on with that?

    This blog published an article about how Kenneally wasn’t enforcing and I brought up how the health department is trying to circumvent the circuit court anyway, so business owners aren’t out in the clear yet.

    When are they scheduled to vote?

  9. So, those of you claiming he should enforce the “law” can you please tell me what they have violated.

    The governor has no authority to issue such orders and why would you expect that people would voluntarily give up their livelihoods?

    I’m at the point where I’m sure many others are.

    He is clearly violating the law.

    He is clearly violating people’s right to assemble.

    If the courts don’t want to put an end to this we will be quickly heading to a world no one wants.

    It actually is a serious problem that people have no respect for the law, but what do you think is going to happen when judges interpret what is pretty clear language to mean what they want it to mean instead of what it says?

    By continuing on with these illegal shutdown orders our governor is only contributing to the problem. ALL OF THIS COULD HAVE BEEN AVOIDED IF THE GA HAD SOME BALLS AND MET.

    The main problem here is that jb is ruling by decree.

  10. Bottom line is State’s Attorneys prosecute; Sheriffs enforce.

    Just Kenneally making more mileage out of this for himself.

    don’t you see through him yet?

    Reminds me of someone else who was “all things to all people.”

    Best buddies.

    Let JB duke it out with Village officials.

  11. It actually comes down to the laws have to make some sort of sense or people will ignore them.

    Pass ridiculous rules at your own peril unless your goal is to create contempt for the law.

  12. Well everybody gets their 15min. of fame… at least its for the good this time..

  13. The Health Department’s proposal has not been considered by a County Board committee yet.

  14. Weird.

    I never once read a comment from Kaz condemning sanctuary cities or sanctuary states.

    Not once.

    I must have missed it.

  15. ** The governor has no authority to issue such orders and why would you expect that people would voluntarily give up their livelihoods?**

    Well, the current court precedent disagrees with you.

    The only appellate court ruling we have says that Pritzker DOES have such authority.

  16. Here is the problem Alabama, if the average citizen reads the law it’s pretty clear there is a 30 day limit.

    The obvious intent in my opinion is to allow the governor to respond to an emergency until such time as a more appropriate response from the GA can be had.

    I am aware of the courts ruling and it’s simply wrong.

    They are making up law and doing what they think is right instead of interpreting the law.

    The proper response from the state would be an initial 30 days where JB can do what he needs to do while the GA meets to pass any laws that may be needed and include sunset dates.

    That way everything is transparent and those elected to pass laws can do thier jobs.

    I believe several state level Republicans have been promoting this approach and had we done so you would get way more cooperation.

    So, the real question is, what do you do when 50% of the people decide the governor and courts are wrong and just refuse to listen?

    That was the predictable outcome of Pritzkers actions and is where we now find ourselves.

    Not a good place to be if you ask me, regardless of what you think about the virus.

  17. Again my point isn’t that we don’t need some sort of response to covid.

    My point is that you would have much less of a problem with people cooperating if the state had made some sort of reasonable rules with the input of the people’s representatives in the GA.

    The current situation of people not wanting to go along is 100% the fault of how JB has just ruled by random decree for 10 months now.

  18. @ Neal. The Appellate Court decision here was rendered by Republicans.

    They reasoned that since the there is a provision in the statute that local officials must get further approval to extend their own restrictions, the legislature was aware of the need for an extension approval and since they did not require further approval from the legislature in the case of the governor, they must have intended that the governor didn’t need that.

    Meanwhile, Judge Meyer in McHenry County, also a Republican, found that the current Order was not an extension of the original one as it was based on new data.

    I have absolutely no doubt that the state Supreme Court, being composed of 4 Democrats and 3 Republicans, will support the governor’s authority to issue successive 30 day orders where the emergency lasts beyond 30 days.

    So Patrick is simply wrong.

    And so are you.

  19. Re read what I said.

    I said the average person reads the law and they will not agree with what the courts are saying.

    I’m aware that the courts have pretty much twisted the law to mean what they want.

    Why would they have put in a limit at all if the intent was that the governor could have this power indefinitely?

    That makes way more sense than “well they didn’t says he couldn’t just keep issuing them” and that is basically what the judge ruled.

    He is wrong plain and simple.

    He is interpreting the law to suit the outcome he desires.

    I don’t care what party he is, there are no good people on BOTH sides.

    To make matters worse, the judge ruling on this is an UNELECTED junior judge who is not accountable to the people.

  20. Also, how can the courts determine with a straight face that the GA intended for the governor to have unlimited authority in this situation when they passed legislation specifically dealing with how to respond to a pandemic following the h1n1 flu several years ago.

    Clearly they intended for that to be the way we respond.

    I would argue that the current silence from the GA says exactly that.

    If they didn’t agree with legislation they have previously passed surely they would have spoken up.

    That judges logic is simply flawed.

    He took the easy way out by not actually ruling on the merits.

    30 days has probably passed anyway so his determination of new order would now allow the current order to be challenged.

    It was a chicken shit ruling from an appointed judge.

  21. KAZ, that’s the point! JB’s mandates are NOT LAWS!

    Franks is such a loser he couldn’t even get his Daddy’s monthly card playing buddy JB, to back off of McHenry County in his shutdowns!

  22. The Appeals Court opinion was written by good old Joe Birkett, the Gary Pack of DuPage County.

    It’s an absolute embarrassment to this state that he is a judge.

  23. And since Lord Jumbo has decreed all of the Illinois Covid response, Lord Jumbo is responsible for all the deaths in Illinois.

  24. I would agree.

    JB has taken 100% responsibility for Covid in Illinois, so every single death is on his hands.

    Not just the covid cases but any of the overdoses or suicides cause by HIS lockdown policy.

    He is responsible for the destruction of many more lives than the virus is.

    The damage done to our economy is also 100% jb’s fault.

    If he didn’t want to be responsible for deaths and destroying lives he should have let people make their own decisions.

    Instead he has made horrible, legally questionable decisions for all of us and should be held accountable.

  25. This just in from Sangamon County:

    “A comprehensive reading of the IEMAA supports the conclusion that the legislature did not intend to limit the Governor’s authority [to only one 30-day executive order per disaster.” ….

    “The legislature recognized the Governor’s authority to issue successive disaster proclamations when they amended the Unemployment Insurance Act, the Sexual Assault Provider Emergency Treatment Act, the Township Code, and the Election Code.” ….

    “In addition to this statutory authority, the Governor has constitutional authority under Article V, § 8 of the Illinois Constitution to take action to protect the public health. The United States Supreme Court more than a century ago in Jacobson v. Massachusetts, 197 U.S. 11 (1905), developed a framework by which to evaluate a State’s exercise of emergency powers during a public health crisis. The Court may take judicial notice of the fact-not disputed by the School Parties-that Illinois is in the middle of a public health crisis as outlined in Jacobson.” … Judge Raylene Grisgow, Pritzger vs Board of Education of Hutsonville, and Mainer et al vs. Illinois Department of Health.

    The case has been certified as a final and appealable order under Supreme Court Rule 304(a) (Which attorney Tom DeVore failed to do on his previous successful case from the downstate county judge, thus preventing an appeal there).

    So there will soon be a Supreme Court resolution of this issue the outcome in which I have no doubt will uphold the governor’s actions.

    Only two outlier county judges have struck down the executive order extensions and they have either been reversed by the Appellate Court or their decisions were not perfected for appeal.

  26. Neal… the law doesn’t say – anywhere – that the Governor can only issue one disaster proclamation.

    The average person should be able to read the law and see that.

    You (and Devore and others) are the ones adding to the law, creating a provision (only one disaster proclamation can be made) that doesn’t exist.

    **If they didn’t agree with legislation they have previously passed surely they would have spoken up.**

    In fact, they DID speak up in May, and passed three different laws that assumed that the Governor had the power to issue more disaster proclamations.

  27. **I believe several state level Republicans have been promoting this approach and had we done so you would get way more cooperation.**

    Both times that Republican legislators have had the ability to vote on the Governor’s rules (at JCAR) they have voted no, despite significant outreach.

    You’re making things up to fit your narrative.

    There are actual facts and real things that can be pointed to that show that you’re wrong.

  28. And I am not adding to the law.

    I am interpreting it according to what it says.

    The law is completely silent on whether or not the governor can issue multiple orders for the same disaster.

    The law does give a time limit to his authority however.

    Therefore a reasonable person would believe the intent of the law as written was to allow the governor to respond immediately, but to prevent him from having this authority indefinitely.

    Again this is all the democrats fault.

    The GA could have clarified in May.

    They knew about these lawsuits then.

    The democrats have a majority and could have passed any laws they wanted but they didn’t.

    The members of the GA didn’t want to take the political risk and took the chicken way out.

    Now you have a situation brewing that in the end you will not be able to control.

  29. Don’t accuse me of making up laws either when JB now says he isn’t lifting the lockdown even if regions hit the numbers.

    He is the one making up laws.

  30. As for Patrick Kennealy, sure glad we voted the right person into office!

  31. That doesn’t surprise me. I still will counter his bs logic every time I see it.

    It’s quite obvious that he is simply a fan of business as usual.

    Only problem is that things are not as usual.

  32. Neal – when a law is silent about something, you don’t get to say that it says that something.

    That’s now how laws works.

  33. And you don’t just get to ignore the obvious intent of the time limit in the law. And how about the laws that cover a pandemic situation specifically? The governor has just decided to ignore the plan the GA has in place for this exact situation.

    I’m also not saying the law says anything extra. It says he has 30 days. Our establishment judges are the ones stretching the law. For example the mchenry judge ruled as he did because it was a new emergency because “the governor is acting on new data”. Sorry but I call bs. That’s just a judge making the law fit what he thinks the desired outcome should be.

  34. All of this of course could have been avoided by the democrats if they wanted to. It’s almost like someone out there wants to stir up trouble….

  35. **I’m also not saying the law says anything extra. It says he has 30 days.**

    No, it does not. It says a disaster proclamation and the powers that it allows last for 30 days.

    It does not say that a disaster can only last for 30 days.

    It does not say that subsequent disaster proclamations cannot be made.

    It is weird – none of you all complain when a Governor issues multiple disaster proclamations about, say, the same flooding occurrence.

  36. It’s also weird how Alabama complains when the State’s Attorney says he won’t enforce what isn’t even a law, but when some other state’s attorneys such as Foxx announce they will not prosecute actual criminals he celebrates how woke that is.

    Kenneally is doing the exact same thing. Prosecuting crimes as he believes those who elected him want him to.

    That is why it is an elected local position.

  37. And you continue to dodge the point that this could have been avoided by the democrats by simply passing an actual law when they last met.

    They were too chicken to do so.

  38. **It’s also weird how Alabama complains when the State’s Attorney says he won’t enforce what isn’t even a law,**

    You’re good at strawmen, but I’ve never said a word about Kenneally not enforcing, have I?

    If so, feel free to point it out.

    You (and Kenneally) are wrong about the law.

    But I haven’t said a word about Kenneally not enforcing.

    I think he’s wrong, but I also support prosecutorial discretion.

    And, I agree with you – I would have loved the IL GA to pass a law affirming that Pritzker can do what he can do.

    But they didn’t… but they DID pass three other laws that assumed that Pritzker had these powers.

    Which you continue to ignore and dodge.

    But the courts will (and have) not.

  39. Then you at least agree with what my actual point is.

    Regardless of whether or not the governor has the power he believes he does, the current mess of everyone questioning and not going along could have easily been avoided had the democrats in the GA stepped up and shown some leadership instead of being afraid of the political blow back.

  40. And trust in our government is so low at this point that, I’m sorry the courts logic is simply not good enough for me.

    We are a country founded on limited power and this is the exact opposite.

    Your argument makes the assumption that the GA intended to let the governor rule in this way forever.

    Why is there a 30 day rule then?

    Clearly the intent was to put some limits on the governor’s authority.

    Ruling the way the court has thus far throws that out the window and says that the governor can rule by decree forever.

    That is un-American plain and simple.

  41. **could have easily been avoided had the democrats in the GA stepped up and shown some leadership instead of being afraid of the political blow back.**

    Do you honestly believe that if the Legislature passed a bill affirming the already existing powers, that people wouldn’t be upset about those powers being used?

  42. They would be upset but such a law would also likely include a sunset date.

    My objection to the governor’s actions is simply that there is no check on his authority currently.

    It may or may not be true that closing restaurants would help, but you can’t expect people to just go along with it when the authority isn’t clear and there is no check on it.

    Keep in mind that we are a country founded by people who basically gave the middle finger to the largest empire in the world at the time.

    Right now this country is more divided than ever and JB needs to be careful.

    If he and other governors decide to crack down it will not be good for anyone.

    Think about it, you will then have the maga crowd joining the defund the police chant once the cops are being used to crack down on normal people.

    I don’t like where any of this seems to be going.

  43. “A lawsuit filed by a Thayer bar against the Sangamon County Department of Public Health on November 25th was thrown out Wednesday afternoon. Represented by Attorney Thomas DeVore, Brewzrz Pub claimed that the Public Health Department violated Illinois law by suspending its food license on November 19, 2020 as a result of the bar’s failure to comply with Sangamon County’s Covid-19 mitigation restrictions prohibiting indoor dining and bar service. The bar asked the Court to order the County to reinstate its suspended food service license. The Motion to Dismiss filed by Sangamon County State’s Attorney, Dan Wright, characterized the arguments in the suit against the County as “devoid of merit” and amounted to “analytical snake oil in the midst of a deadly global pandemic which continues to surge in Sangamon County.” In dismissing the case, Sangamon County Judge Gail Noll found that the suit failed to state a valid claim under Illinois law and did not establish a likelihood of success on the merits.”

    Letter from Jeff Whilhite at Sangamon County Department of Health to Rich Miller at CapitolFax.

  44. I just had a wonderful steak dinner at a McHenry County restaurant that shall remain nameless.

    I wouldn’t want one of the many Karens here to rat the place out.

  45. “Plaintiff failed to exhaust administrative remedies under the plain language of Section 5.20.080 (Suspension of Permits) which requires a petition to the Sangamon County Board of Health to “request a hearing for abatement of the order” which suspended Plaintiff’s food permit. See Sangamon County Code, Section 5.20.080. Plaintiff did not file a petition to request a hearing before the Board of Health. Moreover, Plaintiff has failed to “make application for a reinspection for the purpose of reinstatement of the permit” under Section 5.20.090 (Reinstatement of Permits).”

    From the above linked article.

    Sounds to me like this judge is simply looking for a reason to rule for the governor.

    The judge also claims that the order doesn’t technically mean his property is off limits to the public.

    Grasping at straws and technicalities to uphold an unconstitutional order.

  46. The judge by no means ruled on the merits from what I read only the bs to avoid the question.

  47. LOL – the plaintiff doesn’t follow the correct processes.

    Neal blames the judge.

  48. No, I’m saying that it wasn’t a ruling on anything.

    Judge said he didn’t do it the right way.

    Call Devos an idiot for screwing that up, but that still has zero to do with the actual question raised.

    You’re probably right through, our awful courts will probably give cover to JB.

    I suppose he hasn’t gone as crazy as the mayor of LA at least.

    It’s currently illegal to travel in LA by any means including by foot.

  49. Who cares what judges say?

    If cops and prosecutors don’t want to enforce it, it means spit…

    If you don’t understand why they don’t want to, you are a smooth-brained imbecile.

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