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We previously reported on the Tier 3 mitigation measures that took effect on Friday and that cover the entire State of Illinois. Since the Governor’s press release about the new restrictions, he issued the Executive Order 2020-73 that provides further details about the new restrictions, including guidance on some government functions and activities that will be of interest to our readers. EO 2020-73 does not replace the Restore Illinois plan or the Tier 3 mitigation measures, so those restrictions and guidelines should be consulted as well. To the extent there is any conflict, EO 2020-73 expressly states that the more…
It will come as no surprise to most readers, but the State of Illinois is going to see new mitigation measures to try to control the COVID-19 pandemic. As we’ve reported in the past, all regions in the State are currently in Phase 4, with individual regions also being subject to either Tier 1 or Tier 2 measures that restrict certain activities such as indoor dining and size of gatherings.  Effective Friday, November 20, 2020, the entire State will be subject to Tier 3 mitigation measures. The IDPH will monitor progress over 14 day monitoring periods to determine if mitigations…
There have been a number of lawsuits brought against Illinois Governor Pritzker relating to recent mitigation measures taken to address the COVID-19 pandemic. Some of these lawsuits included claims brought by restaurants to challenge bans on indoor dining and bar service. One case made its way to the Second District Appellate Court which issued a ruling last week invalidating a TRO that was issued by a trial court to stop the enforcement of the Governor’s mitigation measures against a Geneva restaurant. Fox Fire Tavern, LLC v. Jay Robert Pritzker. On October 21, 2020, the Governo issued EO 2020-61 imposing…
Earlier this year, we wrote about Public Act 101-0504, which amended the Illinois Pension Code. This new law requires certain website posting requirements for the Illinois Municipal Retirement Fund (IMRF) and participating municipalities. Municipalities participating in the IMRF that maintain a website must post a link to the IMRF’s “Employer Cost & Participation Information” webpage on their websites by no later than January 1, 2021. Participating municipalities are encouraged to add this link to their websites before January 1, 2021. Notably, the new law does not require participating municipalities without a website to maintain or establish a website.   The…
As you know, the Governor has recently imposed further mitigation measures throughout the State of Illinois regarding the COVID-19 pandemic. Some regions are currently in Tier 1, which bans indoor dining and indoor bar service and restricts gatherings to 25 people, among other restrictions. Other regions are currently, or will be shortly, in Tier 2, which also bans indoor dining and indoor bar service and restricts gatherings to 10 people, among other restrictions. One question that has been raised is whether a restaurant or bar that offers video gaming must also cease all gaming activities while the region is subject…
In City of Harvard v. Nevitt, the Illinois Appellate Court ruled in favor of the City in a code enforcement case against a resident, rejecting the resident’s argument that the City should have provided a reasonable accommodation for his wife’s disability under the Americans’ with Disabilities Act (ADA) or the Fair Housing Amendments Act (FHAA). In December 2018, a resident of the City of Harvard applied for a permit requesting the City allow him to place a two-yard-long dumpster on his property, which otherwise violated a city ordinance. The resident had met with a City code enforcement officer to…
Early last month, the 6th Circuit Court of Appeals issued a ruling in a case filed by a City employee who was terminated for posting a comment on Facebook after the City determined that the comment was racially charged. In Bennett v. Metropolitan Government of Nashville and Davidson County, the Court of Appeals upheld the government employer’s termination of the employee for the social media conduct. In 2016, Bennett, a government employee, posted a racial slur on her personal Facebook account right after the 2016 General Election. Bennett was an emergency dispatcher of the Metro Government Emergency Communications Center…
 Quorum Forum 46: 2021 Election Special! With the 2020 general election campaigns drawing to a close this week, preparations for the 2021 local government elections are well underway. Today at noon (Monday, November 2, 2020), we’ll welcome Ancel Glink Attorney Ken Menzel to the podcast to discuss common areas of confusion and important things to know about the upcoming local government elections. Bring your questions and join our livestream on youtube.com/ancelglink!  If you can’t attend live, don’t worry – we will be posting the recording of this livestream on our Quorum Forum Podcast in the next week, so stay…
If it seems like we are reporting every day on new COVID-19 mitigation measures, that’s because we are.  New mitigation measures are being announced by the State of Illinois nearly every day and yesterday was no exception. The Illinois Governor announced that tier 1 mitigation measures will take effect on Saturday, October 31st, in Lake and McHenry Counties (Region 9). As we have reported on nearly every day this week, tier 1 mitigation measures include bans on indoor dining and bar service and restrictions on gatherings to 25 people. With this announcement, 8 of the 11 Illinois regions are now…
Just a few days after we wrote about new mitigation measures for Suburban Cook County and the St. Louis area, the State announced new mitigation measures for the City of Chicago (Region 11), effective Friday. The tier 1 restrictions are the same as what we reported on with these other regions – no indoor dining or bar service and restrictions on gatherings, meetings, and events to 25 people. That leaves only 4 regions in the State of Illinois (out of 11) that remain in Phase 4 with no mitigation measures in place.        Related Stories New Mitigation Measures Announced for
The Illinois Attorney General’s Office will host a webinar on November 6, 2020 from 10:00 a.m. to 12:00 p.m. to help public bodies and FOIA officers with responding to requests for records under the Freedom of Information Act (FOIA). The webinar will cover basic FOIA requirements, frequently used exemptions, redacting information, and responses to request public records. The webinar will also discuss the Public Access Counselor (PAC) review process and common issues reported by the PAC. To RSVP, email your name, title, public body, and email address to specialevents@atg.state.il.us by October 30, 2020. Space is limited, so the Attorney General’s…
An Illinois Appellate Court recently upheld an injunction against a residential property owner operating a boarding house and a vehicle parking and storage facility in an Adjoining Landowner Act lawsuit (65 ILCS 5/11-13-15) brought by a neighboring resident. Frederick v. Gaca. Frederick filed a lawsuit against his neighbors alleging a variety of claims regarding the use of residential property next door to his home. In his lawsuit, Frederick alleged the home’s six bedrooms were rented out to various individuals and operated as a boarding house. He also claimed there were approximately 20 vehicles parked or stored on the property…
We reported last week on a variety of new mitigation measures imposed by the State of Illinois on certain regions in the state. Today, the State announced new mitigation measures for Regions 4 (Metro East) and 10 (Suburban Cook County. These measures include bans on indoor dining and indoor bar service, and restrictions on meetings, events, and gatherings to 25 people. These new restrictions go into effect on Wednesday, October 28th.  You can read the tier 1 restrictions here. In addition, the State imposed a second tier of restrictions on Region 1 (Northcentral and Northwest Illinois, including Rockford) last…
During the last legislative session, the Illinois General Assembly passed the Workplace Transparency Act (WTA), which overhauled sexual harassment reporting and training requirements across the State of Illinois for employers, including units of government. Initially, the law required employers to report the number of adverse judgments issued in 2019 on July 1, 2020. Recently, the Illinois Department of Human Rights (IDHR) extended its deadline requiring employers to report all cases of “adverse judgments” regarding instances of alleged discrimination or sexual harassment in the workplace to October 31, 2020. This initial rule change does not affect reporting requirements moving forward. The WTA defines an…
In a recent court ruling, the First District Appellate Court concluded that the Schaumburg Police Department did not waive its right to redact accident reports in response to a FOIA request even though the Department had previously provided unredacted copies of the same reports to a third-party vendor in order to comply with the Department’s mandatory reporting obligations under the Vehicle Code. Mancini Law Group, P.C. v. Schaumburg Police Dep’t, Mancini Law Group, P.C. had sent a FOIA request to the Department seeking certain 2017 motor vehicle traffic accident reports. After the Village responded to the request by producing redacted…
Regions 7 and 8 (Will, Kankakee, Kane, and DuPage Counties) This afternoon, the Governor announced new mitigation efforts for Regions 7 and 8, which take effect on Friday, October 23, 2020. Region 7 includes Will and Kankakee Counties and Region 8 includes Kane and DuPage Counties. According to the Governor’s press release, both regions have shown a positivity rate higher than 8%. The mitigation measures are the same for both Regions, and include the following: Bars:  No indoor service at bars, and outside service must end at 11:00 p.m. Restrictions also include social distancing, table distancing, no dancing or standing…