THE ILLINOIZE: Monday Free for All...Gun ban TRO...Suit over treatment of children in DCFS care...Race for Chicago mayor getting unsurprisingly testy
January 23, 2023
Good morning, Illinois.
Some sad news from the weekend. We learned of the passing of Cinnamon Catlin-Legutko, the director of the Illinois State Museum and longtime Chicago DJ Lin Brehmer. I got a call yesterday that former State Representative and lobbyist Al Ronan passed away.
Our thoughts are with all of their families.
The Senate returns to town tomorrow. The House is out until next week. Governor Pritzker has nothing on his public schedule today.
I won’t bug you with the same pitch I give you every time I send you a newsletter, all I will say is we could use your support by becoming a paid subscriber. Just click below.
Let’s get to it.
YOUR MONDAY FREE FOR ALL
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Downstate judge temporarily holsters assault weapons ban — for 865 gun owners and one gun shop (Chicago Sun-Times)
A county judge in [downstate] Illinois on Friday blocked enforcement of the assault weapons ban against the 865 gun owners and one downstate firearms store who filed a lawsuit earlier this week challenging the newly enacted state law.
Gov. J.B. Pritzker called the decision in downstate Effingham County “not surprising” and “disappointing,” while also vowing that he remains confident the courts will uphold the constitutionality of the law he signed on Jan. 10.
That law immediately banned the sale of assault weapons in Illinois and capped the purchase of magazines at 10 rounds for long guns and 15 for handguns. It also made rapid-fire devices, known as switches, illegal because they turn firearms into fully automatic weapons.
The complaint filed Tuesday by former Republican Illinois attorney general candidate Tom DeVore in the 4th Judicial Circuit Court on behalf of 865 gun owners and Accuracy Firearms LLC in Effingham claimed the law violates the Illinois Constitution.
Judge Joshua Morrison on Friday ruled in favor of the plaintiffs, temporarily preventing any administrative agency or law enforcement agency from enforcing the law — but only against those who brought the suit. A preliminary injunction hearing is scheduled for Feb. 1.
The ruling was largely based on the speedy manner in which the law was passed.
“The Defendants in this case did not follow the procedural requirements necessary for this legislation to stand up to the strict scrutiny that is required when restricting rights to avoid definitional irreparable harm,” Morrison wrote.
A spokeswoman for Illinois Attorney General Kwame Raoul’s office office on Friday evening said the attorney general disagrees with the court’s decision, and his office has already filed a notice of appeal to ask the appellate court to reverse and vacate the temporary restraining order.
Let’s remember, kids, this TRO doesn’t impact you or me. It only impacts the defendants in the DeVore suit. In the end, this issue will be decided by federal courts.
Related: Downstate judge temporarily blocks Illinois gun ban from being enforced on plaintiffs in lawsuit (Chicago Tribune)
Can Illinois sheriffs refuse to enforce new gun law? The court system will have a say (Peoria Journal Star)
Reaction to sheriffs (Champaign News-Gazette)
Opinion: Discussion about guns must change (Decatur Herald & Review)
Editorial: Law enforcement must enforce laws (Bloomington Pantagraph)
Lawsuit accuses DCFS of wrongly confining children in juvenile detention centers (Chicago Tribune)
Children who become wards of the state in Illinois have for years been wrongly confined to juvenile detention after a judge orders their release, depriving them of “the everyday joys, experiences, and opportunities of childhood,” according to a federal lawsuit filed Thursday.
The lawsuit accuses Illinois Department of Children and Family Services Director Marc Smith, who was hand-picked by Democratic Gov. J.B. Pritzker, and his predecessors of failing to ensure that wards of the state are placed in adequate residential facilities, leaving them instead in juvenile detention centers.
The problem has been ongoing for more than 30 years, according to the lawsuit, which was filed on behalf of several minors the lawsuit says were unjustly treated by the agency.
“The damage caused by unjustly incarcerating these children is tremendous and undeniable. These children are isolated from loved ones and support systems,” the 34-page lawsuit states. “They are deprived of the everyday joys, experiences, and opportunities of childhood. Indeed, children incarcerated in juvenile jail are confined to their cells for the majority of the day, have limited opportunities to exercise, and are exposed to unnecessary violence and dangers.”
DCFS for more than three decades has operated under federal court oversight due to litigation from the American Civil Liberties Union of Illinois calling for reform in the child welfare system. The department made slow but steady progress in the 1990s, but then entered an era of massive turnover and controversy, with 14 different agency leaders from 2003 to 2019.
“Republican, Democratic, it is a bipartisan problem and now is the time to fix it because part of that accountability is the children are suffering the harm,” Russell Ainsworth, a lawyer with the firm Loevy & Loevy, said at a news conference in the West Loop. “If you continue to harm the children then we will sue you and we will force you to compensate those children who have been harmed because they are the ones who are bearing the cost of these policies.
“The only fair result is that the children be compensated, the practice end, and this never happen again to any child ever again.”
DCFS spokesman Bill McCaffrey said in a statement that the agency “works as quickly as possible to place youth in appropriate and safe settings.”
“Of course, we can only place youth where we have availability that meets their needs, which is why the department is also working to expand the capacity that was hollowed out under previous administrations,” McCaffrey said.
Related: State Officials Sued for Allowing Foster Children to Languish in Juvenile Detention (Better Government Association)
DCFS, director face lawsuit filed on behalf of jailed wards (Capitol News Illinois)
In first Chicago mayoral debate, challengers attack Lori Lightfoot’s record while she aims to ‘finish the job we have started’ (Chicago Tribune)
Chicago’s mayoral hopefuls took the gloves off during the first televised debate Thursday night, with candidates hitting each other with everything from accusations of plagiarism to lying about crime statistics.
The televised debate marked the first opportunity for all nine candidates to explain their positions to Chicago voters and draw contrasts with one another. Lightfoot, who is facing public concerns about crime, dissatisfaction with her leadership style and anger over some broken promises, often took the brunt of attacks as she sought to defend her record.
But candidates also focused their fire on U.S. Rep. Jesús “Chuy” García, former Chicago Public Schools CEO Paul Vallas and Cook County Commissioner Brandon Johnson in an attempt to boost their own campaigns over the perceived front-runners. And on the issue of the thousands of migrants being bused to Chicago from Republican states, García took some of the sharpest attacks of the night after highlighting his efforts in Congress to secure work authorizations for asylum-seekers.
“The federal government is not doing enough, so Congressman Garcia, we need you and your colleagues to step up, because this is a problem that falls in the laps of Washington, D.C.,” state Rep. Kambium “Kam” Buckner said, adding that it took far too long — 150 days — for an asylum-seeker to receive a work permit, and that “permanent supportive housing programs for these people” needed to be “ramped up.”
Lightfoot spent much of the debate going after Vallas. Asked how the city would continue caring for migrants with limited funding allocated from the state, Vallas said Lightfoot should stop “baiting” other governors and grandstanding while proclaiming Chicago is a sanctuary city.
On the topic of public safety, Lightfoot acknowledged people don’t feel safe but said crime is down year over year and she won’t rest until Chicago is the safest big city in the country. In response to a question on keeping street vendors safe, the mayor also said the city had been “in Little Village, working with those vendors hand in glove” to make sure that they were protecting themselves, including “not using cash and making sure that the cash that they do take in is secure.”
“Don’t carry cash” is not a crime fighting policy.
Related: Crime is a top issue in Chicago mayoral race: How would nine candidates address it? (Chicago Sun-Times)
Chicago’s Latino voters could be key in the mayor race. Will they back ‘Uncle’ Chuy García or a rival? (Chicago Tribune)
Garcia mentioned in recording during feds’ ComEd probe (Chicago Sun-Times)
POLITICAL POTPOURRI
Illinois poised to require paid leave for workers: ‘Don’t we think that should be a basic human right?’ (Chicago Tribune)
State lawmakers approve sending $20 million to Chicago for care, housing of immigrants (Chicago Sun-Times)
Too naughty to drive: Why Illinois rejected nearly 400 license plate requests in 2022 (Daily Herald)
Opinion: Jim Durkin’s shining career had its share of comical miscues (Chicago Sun-Times)
Budzinski praised from all corners during ceremonial swearing-in (State Journal-Register)
After arson at Planned Parenthood clinic, dozens attend rally in Peoria (Peoria Journal Star)
Watchdog seeks harsher penalties in wake of abuse at Choate (Capitol News Illinois)
OUR TOP LINKS FROM LAST WEEK
Dems Say Ammons Pushed for Bennett Seat Within an Hour of His Death
Pritzker on Davos: "Important For a Leader of Illinois to Show Up in Places Outside of Illinois"
Pritzker: "Very Confident" Assault Weapons Ban Will Hold Up in Court
Comptroller Susana Mendoza: "Things are moving in the right direction"
The Illinoize Livestream/Podcast with Comptroller Susana Mendoza and Rodney Davis
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