Free Illinois Now - “End Stay at Home” to save jobs and businesses

Free Illinois Now - “End Stay at Home” to save jobs and businesses

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Dr. Warren Bruhl started this petition to Illinois State Senate and

The Emergency Management Act: 

The Emergency Management Act is a problematic and dangerous document in it’s present form and has to be immediately amended and further guidance along with oversight added to limit the power of the governor to impose draconian rules on the state without merit. 

Simply using models and hiding behind the scientist’s projections, holding those as the merit to restrict trade, community, and religion in the state is morally and ethically wrong. 

Further, the ongoing imprisonment of innocent citizens of Illinois, restricting their livelihood, forcing collapse of their businesses, imposing public safety measures that are controversial and may be dangerous (i.e. mandatory face covering) to the public and have opposite effects of intended purpose are unconstituional and have to cease immediately. 

Illinois Emergency Management Act

This is a plea to REVERSE THE PROCLAMATION for “Stay at Home”, allow all businesses to reopen in Illinois, and to amend and rewrite this act to protect the citizens of Illinois from the violation of their Bill of Rights. 

Dear Illinois Leaders,
 
This is a plea and request  for your intervention in the present Emergency Management Agency Act, reference:
 
20 ILCS 3305/1) (from Ch. 127, par. 1051) Sec. 1. Short Title. This Act may be cited as the Illinois Emergency Management Agency Act. (Source: P.A. 87-168.)
 
This document can be found on the Illinois General Assembly Website using the link: 
 
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=368
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This law was used to frame a series of proclamations issued by Governor Jay Robert Pritzker during the recent COVID 19 pandemic.  The intent of the law is to protect the public during extreme times of crisis within the entirety of the state of Illinois and includes Policy and Purpose:
 
Sec. 2. Policy and Purposes. 
 

(a) Because of the possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from the explosion in this or in neighboring states of atomic or other means from without or by means of sabotage or other disloyal actions within, or from fire, flood, earthquake, telecommunications failure, or other natural or technological causes, and in order to insure that this State will be prepared to and will adequately deal with any disasters, preserve the lives and property of the people of this State and protect the public peace, health, and safety in the event of a disaster, it is found and declared to be necessary:
 
Within the Act there is a requirement for the governor and the agency who is appointed by the governor to have a plan for the following:
 
"Emergency Management" means the efforts of the State and the political subdivisions to develop, plan, analyze, conduct, provide, implement and maintain programs for disaster mitigation, preparedness, response and recovery. 
 
Further the governor and the agency must have the an Emergency Operations Plan as follows:
 
"Emergency Operations Plan" means the written plan of the State and political subdivisions describing the organization, mission, and functions of the government and supporting services for responding to and recovering from disasters and shall include plans that take into account the needs of those individuals with household pets and service animals following a major disaster or emergency. 
 
The governor is required further to have an agency within the act as follows:
 
"Illinois Emergency Management Agency" means the agency established by this Act within the executive branch of State Government responsible for coordination of the overall emergency management program of the State and with private organizations, political subdivisions, and the federal government. Illinois Emergency Management Agency also means the State Emergency Response Commission responsible for the implementation of Title III of the Superfund Amendments and Reauthorization Act of 1986.
 
Further defined herein is Public Health Emergency:
 
"Public health emergency" means an occurrence or imminent threat of an illness or health condition that: 
        (a) is believed to be caused by any of the following: 


            (i) bioterrorism; 


            (ii) the appearance of a novel or previously 
        
controlled or eradicated infectious agent or biological toxin;
           

            (iii) a natural disaster; 


            (iv) a chemical attack or accidental release; or 


            (v) a nuclear attack or accident; and 
        

       (b) poses a high probability of any of the following harms:


            (i) a large number of deaths in the affected population;


            (ii) a large number of serious or long-term disabilities in the affected               population; or


            (iii) widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.
 
 
Presently, Governor Jay Robert Pritzker has issued a twelve proclamations including Executive Orders 4 -15 related to an infectious agent known as COVID 19.  During this series of proclamations, Governor Pritzker issued in Proclamation Executive Order 2020-10 the following:
 
WHEREAS, I, JB Pritzker, Governor of Illinois, declared all counties in the State of Illinois as a disaster area on March 9, 2020 (Gubernatorial Disaster Proclamation) in response to the outbreak of Coronavirus Disease 2019 (COVID-19); and,

WHEREAS, in a short period of time, COVID-19 has rapidly spread throughout Illinois, necessitating updated and more stringent guidance from federal, state, and local public health officials; and,

WHEREAS, for the preservation of public health and safety throughout the entire State of Illinois, and to ensure that our healthcare delivery system is capable of serving those who are sick, I find it necessary to take additional measures consistent with public health guidance to slow and stop the spread of COVID-19;

WHEREAS, COVID-19 has resulted in significant economic impact, including loss of income and wages, that threaten to undermine housing security and stability;

WHEREAS, the enforcement of eviction orders for residential premises is contrary to the interest of preserving public health and ensuring that individuals remain in their homes during this public health emergency;

THEREFORE, by the powers vested in me as the Governor of the State of Illinois, and pursuant to Sections 7(1), 7(2), 7(8), 7(10), and 7(12) of the Illinois Emergency Management Agency Act, 20 ILCS 3305, and consistent with the powers in public health laws, I hereby order the following, effective March 21, 2020 at 5:00 pm and for the remainder of the duration of the Gubernatorial Disaster Proclamation, which currently extends through April 7, 2020:
 
In this proclamation, the governor had ordered a series of orders including “stay at home” in Section 1:
 
Stay at home or place of residence. With exceptions as outlined below, all individuals currently living within the State of Illinois are ordered to stay at home or at their place of residence except as allowed in this Executive Order. To the extent individuals are using shared or outdoor spaces when outside their residence, they must at all times and as much as reasonably possible maintain social distancing of at least six feet from any other person, consistent with the Social Distancing Requirements set forth in this Executive Order. All persons may leave their homes or place of residence only for Essential Activities, Essential Governmental Functions, or to operate Essential Businesses and Operations
 
The proclamation continues and provides guidance on services deemed

“Essential”:

Essential Businesses and Operations. For the purposes of this Executive Order,

Essential Businesses and Operations means Healthcare and Public Health

Operations, Human Services Operations, Essential Governmental Functions, and Essential Infrastructure, and the following:

Stores that sell groceries and medicine. Grocery stores, pharmacies, certified farmers’ markets, farm and produce stands, supermarkets, convenience stores, and other establishments engaged in the retail sale of groceries, canned food, dry goods, frozen foods, fresh fruits and vegetables, pet supplies, fresh meats, fish, and poultry, alcoholic and non-alcoholic beverages, and any other household consumer products (such as cleaning and personal care products). This includes stores that sell groceries, medicine, including medication not requiring a medical prescription, and also that sell other non-grocery products, and products necessary to maintaining the safety, sanitation, and essential operation of residences and

Essential Businesses and Operations;
Food, beverage, and cannabis production and agriculture. Food and beverage manufacturing, production, processing, and cultivation, including farming, livestock, fishing, baking, and other production agriculture, including cultivation, marketing, production, and distribution of animals and goods for consumption; licensed medical and adult use cannabis dispensaries and licensed cannabis cultivation centers; and businesses that provide food, shelter, and other necessities of life for animals, including animal shelters, rescues, shelters, kennels, and adoption facilities;

Organizations that provide charitable and social services. Businesses and religious and secular nonprofit organizations, including food banks, when providing food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of this emergency, and people with disabilities;

Media. Newspapers, television, radio, and other media services;

Gas stations and businesses needed for transportation. Gas stations and auto-supply, auto-repair, and related facilities and bicycle shops and related facilities;
Financial institutions. Banks, currency exchanges, consumer lenders, including but not limited, to payday lenders, pawnbrokers, consumer installment lenders and sales finance lenders, credit unions, appraisers, title companies, financial markets, trading and futures exchanges, affiliates of financial institutions, entities that issue bonds, related financial institutions, and institutions selling financial products;

Hardware and supply stores. Hardware stores and businesses that sell electrical, plumbing, and heating material;

Critical trades. Building and Construction Tradesmen and Tradeswomen, and other trades including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses and Operations;

Mail, post, shipping, logistics, delivery, and pick-up services. Post offices and other businesses that provide shipping and delivery services, and businesses that ship or deliver groceries, food, alcoholic and non-alcoholic beverages, goods or services to end users or through commercial channels;

Educational institutions. Educational institutions—including public and private pre-K-12 schools, colleges, and universities—for purposes of facilitating distance learning, performing critical research, or performing essential functions, provided that social distancing of six-feet per person is maintained to the greatest extent possible. This Executive Order is consistent with and does not amend or supersede

Executive Order 2020-05 (COVID-19 Executive Order No. 3) or Executive Order 2020-06 (COVID-19 Executive Order No. 4) except that affected schools are ordered closed through April 7, 2020;

Laundry services. Laundromats, dry cleaners, industrial laundry services, and laundry service providers;

Restaurants for consumption off-premises. Restaurants and other facilities that prepare and serve food, but only for consumption off-premises, through such means as in-house delivery, third-party delivery, drive-through, curbside pick-up, and carry-out. Schools and other entities that typically provide food services to students or members of the public may continue to do so under this Executive Order on the condition that the food is provided to students or members of the public on a pick-up and takeaway basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site due to the virus’s propensity to physically impact surfaces and personal property.

This Executive Order is consistent with and does not amend or supersede Section 1 of Executive Order 2020-07 (COVID-19 Executive Order No. 5) except that Section 1 is ordered to be extended through April 7, 2020;

Supplies to work from home. Businesses that sell, manufacture, or supply products needed for people to work from home;

Supplies for Essential Businesses and Operations. Businesses that sell, manufacture, or supply other Essential Businesses and Operations with the support or materials necessary to operate, including computers, audio and video electronics, household appliances; IT and telecommunication equipment; hardware, paint, flat glass; electrical, plumbing and heating material; sanitary equipment; personal hygiene products; food, food additives, ingredients and components; medical and orthopedic equipment; optics and photography equipment; diagnostics, food and beverages, chemicals, soaps and detergent; and firearm and ammunition suppliers and retailers for purposes of safety and security;

Transportation. Airlines, taxis, transportation network providers (such as Uber and Lyft), vehicle rental services, paratransit, and other private, public, and commercial transportation and logistics providers necessary for Essential Activities and other purposes expressly authorized in this Executive Order;

Home-based care and services. Home-based care for adults, seniors, children, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness, including caregivers such as nannies who may travel to the child’s home to provide care, and other in-home services including meal delivery;

Residential facilities and shelters. Residential facilities and shelters for adults, seniors, children, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness;

Professional services. Professional services, such as legal services, accounting services, insurance services, real estate services (including appraisal and title services);

Day care centers for employees exempted by this Executive Order. Day care centers granted an emergency license pursuant to Title 89, Section 407.400 of the Illinois Administrative Code, governing Emergency Day Care Programs for children of employees exempted by this Executive Order to work as permitted. The licensing requirements for day care homes pursuant to Section 4 of the Child Care Act, 225 ILCS 10/4, are hereby suspended for family homes that receive up to 6 children for the duration of the Gubernatorial Disaster Proclamation.

Manufacture, distribution, and supply chain for critical products and industries. Manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as pharmaceutical, technology, biotechnology, healthcare, chemicals and sanitization, waste pickup and disposal, agriculture, food and beverage, transportation, energy, steel and steel products, petroleum and fuel, mining, construction, national defense, communications, as well as products used by other Essential Businesses and Operations.

Critical labor union functions. Labor Union essential activities including the administration of health and welfare funds and personnel checking on the well-being and safety of members providing services in Essential Businesses and Operations – provided that these checks should be done by telephone or remotely where possible.

Hotels and motels. Hotels and motels, to the extent used for lodging and delivery or carry-out food services.

Funeral services. Funeral, mortuary, cremation, burial, cemetery, and related services.

Further the proclamation provides rules considered “Minimum Basic Operations”:
Minimum Basic Operations. For the purposes of this Executive Order, Minimum Basic Operations include the following, provided that employees comply with Social Distancing Requirements, to the extent possible, while carrying out such operations:

The minimum necessary activities to maintain the value of the business’s inventory, preserve the condition of the business’s physical plant and equipment, ensure security, process payroll and employee benefits, or for related functions.

The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.

“Essential Travel” Guidelines are as follows:


Essential Travel. For the purposes of this Executive Order, Essential Travel includes travel for any of the following purposes. Individuals engaged in any Essential Travel must comply with all Social Distancing Requirements as defined in this Section.

Any travel related to the provision of or access to Essential Activities, Essential Governmental Functions, Essential Businesses and Operations, or Minimum Basic Operations.

Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable persons.

Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services.

Travel to return to a place of residence from outside the jurisdiction.

Travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.

Travel required for non-residents to return to their place of residence outside the State. Individuals are strongly encouraged to verify that their transportation out of the State remains available and functional prior to commencing such travel.

The “Intent” of this proclamation is as follows:

1.     Intent of this Executive Order. The intent of this Executive Order is to ensure that the maximum number of people self-isolate in their places of residence to the maximum extent feasible, while enabling essential services to continue, to slow the spread of COVID-19 to the greatest extent possible. When people need to leave their places of residence, whether to perform Essential Activities, or to otherwise facilitate authorized activities necessary for continuity of social and commercial life, they should at all times and as much as reasonably possible comply with Social Distancing Requirements. All provisions of this Executive Order should be interpreted to effectuate this intent.

Concluding the proclamaitons the “Savings Clause” reads:

Section 3. Savings clause.

If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable.

Governor Jay Robert Pritzker has extended the “Stay at Home” order to May 30, 2020 with provisional changes to include:

1) Mandatory Face Covering in public spaces
2) Opening of state parks
3) Surgical centers may schedule non-life-threatening surgeries & some elective procedures with restrictions
4) Retail stores not on list as essional businesses may take online orders and over the phone and offer pick-up and delivery
5) Greenhouses and nurseries may open with social distancing measures in place
6) New guidelines for manufacturers and businesses for social distancing and mitigation response
 
Governor Jay Robert Pritzker has continued to use models that are not based in reality regarding COVID 19 which demonstrate a small and select segment of the Illinois population is most vulnerable to symptomatic infection and possibly death.  When considering the population of the entire state and the most densely populated areas, the number of actual infections and deaths is still relatively low by comparison to other social health crisis in the state and the United States. 
 
As of May 1, 2020
 
Illinois Population Estimate 2019 – 12.67 million                             

COVID cases – 52,918    Deaths – 2,355
 
% DEATH - .00018587
 
Cook County Population  Estimate 2019 – 5.15 million 

COVID cases – 31,953  Deaths – 1347
 
% DEATH - .00026155
 
Chicago Population Estimate – 2.706 million 2018                             

COVID cases – 21,506    Deaths – 932
 
% DEATH - .00034442
 
By comparison the vast majority of the state has had few cases and as of  May 1, 2020, six counties had no cases and hospital beds WERE EMPTY. 
 
COUNTIES WITH (0)  - 6                COUNTIES WITH (1) – 8                COUNTIES WITH (2) – 5
 
COUNTIES WITH (3) – 6                COUNTIES WITH (4) – 8                COUNTIES WITH (5) – 3
 
COUNTIES WITH (6) – 0                COUNTIES WITH (7) – 4                COUNTIES WITH (8) – 4
 
COUTIES WITH (9) – 2                    COUNTIES WITH (10) – 3
 
FORTY-NINE COUNTIES in Illinois, nearly half the counties in the state (102 counties) have reported ten or fewer cases and FIVE deaths have been attributed to COVID 19.  This is alarming considering Governor Pritzker considers the entire state to still be in a public health crisis and is using the Emergency Management Act to continue an unnecessary protection based on models that are untested and unproven.  Enough data exists from other regions of the world where these extreme measures have not been utilized including in the United States and the ongoing proclamation has no merit.  Further, this order and the limitations placed on the citizens of Illinois is a violation of Constitution of the United States. 
 
The Emergency Management Act is a problematic and dangerous document in it’s present form and has to be immediately amended and further guidance along with oversight added to limit the power of the governor to impose draconian rules on the state without merit.  Simply using models and hiding behind the scientist’s projections, holding those as the merit to restrict trade, community, and religion in the state is morally and ethically wrong.  Further, the ongoing imprisonment of innocent citizens of Illinois, restricting their livelihood, forcing collapse of their businesses, imposing public safety measures that are controversial and may be dangerous (i.e. mandatory face covering) to the public and have opposite effects of intended purpose are unconstituional and have to cease immediately.  
 
Therefore, I am requesting as my elected representative you bring an emergency bill before the Illinois Congress and Senate repealing the present “stay at home” order and the restrictions placed on the state by Governor Pritzker.  This request is made based on the continued data, which demonstrates COVID 19 is not a public health crisis despite the models and projections asserted by Governor Pritzker.  Further, the ongoing closure of Illinois businesses represents a potential danger to the public welfare of the state collapsing the state further into economic ruin.  Already, citizens across the state are facing losing businesses, homes, and will certainly face significantly more catastrophic consequences than COVID 19 impose.  Concerns must also exist for peace and avoidance of social upheaval, which could result in violence, riot, and anarchy as a result of frustrated Illinoisans feeling their civil liberties are continued to be violated without merit. While it is my hope our state has future prosperity, peace, and sound health, this current course is not the way to achieve that and I am hopeful you will stand with me and other citizens to amend and right this state in this time of crisis that has been created by Governor Pritzker’s disconnect from his state and the people’s needs. 
 
As well, I request you work with concerned citizens and other lawmakers to rewrite the Emergency Management Act to protect against future violations of civil liberties when the crisis is without merit.  I am confident you will be a steward of reason recognizing this present condition cannot continue and needs to end as soon as possible. 
 
 

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