Champaign, IL. (ECWd) –
Public Officials must be familiar with state laws governing the local governments they are members of, prior to taking any action.
A prime example for this article is the Public Health District Act – the state law governing the Champaign Urbana Public Health District (“CUPHD“).
The CUPHD allegedly passed an Ordinance regulating use of masks and limits on gatherings. It is invalid and void as they lack the statutory power to enact ordinances.
Nothing in the Act permits the District to establish its own rules, regulations, ordinances, etc. Their mission, according to law, is to:
“To enforce and observe the rules, regulations and orders of the State Department of Public Health and all State laws pertaining to the preservation of the health of the people within the public health district . . .” and “In all public health districts all ordinances of cities, villages and incorporated towns lying within such public health district, relating to sanitation and public health, shall be administered by the medical health officer or administrator appointed pursuant to this Act, and not otherwise.”
Sect 17(3) grants the District the powers of County, and Township Boards of Health – and those entities lack authority to enact Ordinances also.
So we are left with a the C-UPHD, a Public Health District, “enacting” an alleged Ordinance which they lacked any power to enact, and they knew or should have known they lacked such a power, violated state law in an effort to intimidate residents of Champaign and Urbana.
They should all be immediately removed from office, or, at minimum, walk around donning the life size penis costume they purchased with taxpayer funds.
27 Responses
Ok, so that is not exactly specified in the ILCS, but it was cited specifically in an 1922 IL supreme court case:
https://cite.case.law/ill/302/422/
Note, this is during the Spanish Flu outbreak which was far worse than COVID-19, see paragraph 433.
Until and unless this is overturned both the governor, the ILDPH and the CUPHD are in violation of the law. They cannot close businesses unless they have proved they are a threat to the public health and have been given an opportunity to defend themselves after 48 hours notice. Hope this helps, while not in the statute it is the supreme court ruling on the matter, which is better than state statute from a legal perspective.
Ok, so I live in champaign county and am working with several individuals to file suit against the CUPHD. Lest we all forget that in the Illinois statutes it actually states that rule making organizations such as IDPH and the local health departments cannot promulgate rules that merely have a tendency to reduce the risk of transmission of a communicable disease, such as wearing a mask. TK, this part is for you, there was a 2015 study done regarding masks, and guess what, they actually cause more infections than they prevent, thus why we have never done them and why they are actually illegal according to Illinois statute, along the way someone in politics here had a brain. Here’s a link to the study if you have enough cahones to read it and acknowledge that there’s another side to the argument that is… wait for it… rooted in more science than your garbage mainstream media. https://pubmed.ncbi.nlm.nih.gov/25903751/
Look at every state that has done basically nothing to mitigate spread, they have less deaths per 100,000 and are closer to herd immunity, look at Switzerland, they never did anything and their deaths per 100,000 are far less than any neighboring county and have very few new cases, sounds like herd immunity. Isn’t that what you’re hoping for with a vaccine? Wouldn’t it be great if we reached herd immunity and this disappeared before everyone was required to take an unproven and dangerous vaccine? Has anyone ever looked at attempts at creating a vaccine against coronaviruses? They turn out terribly, basically making you more susceptible to other strands that aren’t in the vaccine! Grow a pair and live your life, or hide in fear and let the rest of us choose how we live our life, get out of my families life!
” … in the Illinois statutes it actually states that rule making organizations such as IDPH and the local health departments cannot promulgate rules that merely have a tendency to reduce the risk of transmission of a communicable disease” Do you know where this is stated?
Various chapters of the Illinois compiled statutes contain language consistant with the above statement. Chapter 70 pertains to CUPHD. Chapter 410 pertains to IDPH.
Also, ECWd’s cite case law in their coverage of the issue of Administrative authority (“merely have a tendency to reduce the risk of transmission of a communicable disease…”) with Bailey v. Pritzker et. al.
Life size penis? You wish!
Those MONSTERS! Trying to protect the citizens of Champaign from an airborne virus by mandating a mask. The burden of wearing 2 ounces of cloth on one’s head and attempting to suck oxygen through 2 layers of cotton would probably kill 50% of the population.
Man up people! Wear a mask and quit being a cry-baby. Is it really that much of a burden or infringement of your rights? Is giving a damn about your community too much trouble?
Here you again, with the virtue signaling.
Let’s all praise TK for being so virtuous and conscientious and caring for others.
It’s your right and choice to believe whatever fantastical scenarios your leaders present to you. Wear what you want. But a bubble suit.. Hide in your basement.
You’re still missing the real issue here, and that it’s ILLEGAL for any of these tyrants to do what they want to do.
If you have even a minute of clarity, please verify for yourself that over the last few months, there have thousands and thousands of deaths from various causes for just folks in Illinois. And, most of these other causes are totally controllable and preventable, and nothing to do w/ this virus.
Your science fiction of an overhyped virus is just that, fiction. There are so many risks in life, and somehow this virus is our end if we don’t comply.
The biggest risk that’s hidden in plain sight right now is the risk of folks like you letting this socialist leaning government slowly usher in their rules to prepare for Big (Red) Brother, the one that gave the world this virus.
Here it goes again: “You’re awesome TK! Woohoo!!” Now, move to China and enjoy your life of compliance.
So, it is an overblown hoax?
The media is blowing this all out of proportion? Why?
Disingenuousness, nothing worse.
The out-of-the-woodwork laughing gas thieves are sure to be a real fright on October 31st too.
You’re one of two things TK, a masochist who self flagellates on opposing views or a government contractor sowing dissent.
Too bad masks for the general public don’t seem to do anything. Hawaii masked up since March and basically destroyed their economy to the greatest extent of any state to “stop” COVID. Cases have exploded anyway. Mask use in Japan has been common for YEARS and COVID caes have still exploded. Masks (i.e. random pieces of contaminated cloth), outside of specific medical and care scenarios, are a total waste of time, as indicated by any reasonable pre-COVID study.
But the TKs of the world don’t care about or believe in truth or evidence anymore, only how they feel and how smart and good they seem to be others and how stupid everyone else is compared to them.
Shhh!!! What’s with that nagging question?
What’s with that common sense?
Don’t you know it’s just a mask?
Don’t you know it was just a few weeks?
Don’t you know masks didn’t work? And then they suddenly work?
Don’t you know it’s just our leaders trying to save our lives?
Don’t you know you’re anti-science with that logical question?
Didn’t you know that there have been honorary science degrees granted to folks who probably can’t even spell science?
This all reeks of communist takeover but no one will deign to consider that. Asking the population to conform without questioning is one of the hallmarks.
Bingo!!
I lived through it once, and I’d rather die of any disease than have to live through that hell again.
Back then, people like me had America to escape to. Nowadays, if America is gone, where else?
Masks work according to experts. I take medical advice from respected medical experts not the My Pillow guy or some “doctor” that literally works out of a strip mall.
So you get to choose the experts you agree with and approved by your leaders?
What about experts who are qualified who believe differently than your experts?
Could it be that the matter of mask effectiveness is at best inconclusive? And that without true scientific and randomized trials, no one would ever know whether wearing mask is statistically significant in preventing anything?
Check this out. Normally, every time some trends happen in these countries, the US media can’t wait to preach to us Americans how we should live like these countries. Now that experts from these same countries express their doubt about masks, which is heresy these days, and against the leftist mindset here in the US, the media simply ignores these developments. Here, how about these experts?
https://fee.org/articles/europes-top-health-officials-say-masks-arent-helpful-in-beating-covid-19/
If you don’t have a technical background or can even process simple critical thinking, it’s best to not use any experts as your source of knowledge. Think about it, if you can’t think logically, how would you know which experts are correct?
Go take your headache medicine.
I don’t have a headache, I have been drinking bleach because my “leader” said it would heal me. The UV light inserted into my body tingles a little.
Really? Wearing a mask ruined Hawaii’s economy? I had no idea. Halloween must be a bitch around there.
Stay alert and awake, keep up w/ the conversation.
That post referred to all of those measured dictated by that state, Hawaii, which included “wearing mask,” complete shutdown, and being isolated from other states, having had no effect on mitigating anything, and is currently announcing some kind of surge.
Seems like TK has no idea on many things.
And what’s with the profanity? Are you just turning 12?
Sorry a bad word slipped out. I am not as well-spoken and eloquent and smart as a President. I saw him last night on CNN. Don’t confuse being President with being Presidential.
Your shower of disingenuosness is enough to gag even competent fools.
I would also venture to put forward that EVERYTHING they do is illegal being that NONE of them even understands what their “offices” do. You give them WAY too much credit by saying that they “should” know”. They don’t! They never did. They have no physical ability to understand it even if they DID read the “laws” of their offices. I would say hang them all but vengeance is Mine saith the Lord.
Thinking that they don’t know what they’re doing is being to easy on them.
They all know very well what they’re doing and how to go about do it. Their first assumption is that most common citizens are fearful, especially if their lives are in danger. Second assumption is that most people have never really known any lessons in civics of this country, so whatever people hear on the mainstream media with their constant statist propaganda, they’ll just assume that that’s how things work in government.
It’s kind of late for most adults, so make sure the kids of today get to learn American history, our Constitution, and our unique rights.
Wow, gee, corruption and power abuse that’s once again going to go completely unpunished. Didn’t see that one coming….
Those who have been delegated power by state govt like to abuse that power. It’s abuse power when you’re without responsibility .
Inside every liberal democrat is a totalitarian, screaming to get out. Liberals are ideologically driven and have no love for the law. They are unconcerned with whether their desires for government action are legal. Their basis for what is right or wrong is how strongly they ‘feel’ about it. If they think something ought to be this way or that, then they don’t care what the law says or the reasons it was written that way..
So it sounds like the State Department of Public health would have to make the “rule” and the local would then enforce, observe, etc, etc. those rules. to preserve public health? It appears like the local supports the “state” public health rules/regulations.