Federal judge strikes down assault weapons ban
By PETER HaNCOCK Capitol News illinois
SPRINGFIELD – A federal judge in East St. Louis on Friday struck down Illinois’ assault weapons ban on the grounds that it violates the Second and 14th amendments to the U.S. Constitution and issued an order barring the state from enforcing it.
That order, however, was stayed for 30 days, giving the state time to file an appeal before it takes effect.
In a 168-page opinion released Friday afternoon, Judge Stephen McGlynn sided with plaintiffs in the case who argued the assaultstyle weapons banned under the law are commonly used for legal purposes such as self-defense.
“What is particularly disturbing is that the prohibition of weapons that are commonly owned and used by citizens are now banned, depriving citizens of a principal means to defend themselves and their property in situations where a handgun or shotgun alone would not be the citizen’s preferred arm,” McGlynn wrote.
In March, before the case went to trial, McGlynn issued a preliminary injunction blocking enforcement of the law, saying the plaintiffs challenging the law were likely to prevail on the merits of
the case.
But the 7th Circuit Court of Appeals reversed that decision, and in July the U.S. Supreme declined to review it – along with several other cases challenging the law –and remanded all the cases back to district courts for full proceedings.
The case before McGlynn was the subject of a week-long trial in September. Two other cases, each with multiple sets of plaintiffs, are pending before district court judges in the Northern District of Illinois in Chicago.
Meanwhile, a three-judge panel of the 7th Circuit is scheduled to hear oral arguments on Tuesday, Nov. 12, in a case challenging Cook County’s local assault weapons ban.
Illinois Attorney General Kwame Raoul did not immediately comment on McGlynn’s ruling. Gov. JB Pritzker issued a statement saying he expects the attorney general will file “an immediate appeal” and for the law to be “upheld through this process.”
“The Protect Illinois Communities Act was the result of hundreds of hours of deliberation between legal experts, legislators, and advocates, and it makes Illinois a safer place for everyone,” Pritz-
ker said in a statement. “Despite those who value weapons of war more than public safety, this law was enacted to and has protected Illinoisans from the constant fear of being gunned down in places where they ought to feel secure.”
Gun rights groups like the Fire-
arms Policy Coalition, meanwhile, issued statements celebrating the ruling.
“We are gratified that the Court properly found that these bans violate the constitutionally protected rights of Illinois residents and visitors. As we clearly showed
at trial, PICA fails even under the Seventh Circuit’s misguided test that conflicts with binding Supreme Court precedent,” said FPC President Brandon Combs, noting the group was “hopeful” the U.S. Supreme Court would strike down similar bans.
How illinois will decide on spending $40M opioid settlement with Kroger
By
Illinois will receive a $40 million share of a $1.4 billion bipartisan national settlement with Kroger over the grocery chain’s role in the opioid crisis, Illinois Attorney General Kwame Raoul announced. The settlement is the latest contribution to the 2021 Illinois Opioid Allocation Agreement steered by Raoul and state’s attorneys.
“This settlement ensures Kroger is held accountable and allows resources to reach communities hardest hit by this ongoing opioid crisis that continues to affect all corners of America,” Raoul said in a Nov. 4 statement announcing the settlement. Under the agreement Kroger will also require its pharmacies “to monitor, report
and share data about suspicious activity related to opioid prescriptions,” the statement said. The agreement will only be applicable to states in which Kroger and its subsidiaries operate, according to the statement, noting that in Illinois, Kroger operates under the Kroger name as well as Mariano’s and others.
By 2038, Illinois’ Opioid Remediation Fund is projected to receive approximately $772.6 million in total from various opioid manufacturers and distributors, according to the settlement fund allocation dashboard operated by the Illinois Department of Human Services. Illinois was awarded more than $420 million from Johnson & Johnson, Walmart, Walgreens, Allergan, CVS, Teva, Mallinckrodt, and opioid distributors, such as AmerisourceBergen, Cardinal Health and McKes -
son.
Since Gov. JB Pritzker signed Executive Order 2022-19 in 2022, funds received from any settlements will be distributed into three areas: 55% will go into the state’s Opioid Remediation Trust Fund that will finance organizations across Illinois working to abate the opioid crisis in their respective communities; 25% will be awarded to local governments to provide their own abatement programs, and the remaining 20% will go to the state to carry out abatement programs through the Illinois Department of Public Health.
To date, Illinois has committed or spent $115 million from the fund, according to the Illinois Opioid Settlement website. Most of the money has been awarded to organizations that have applied for funding to implement opioid
abatement programs in their areas. Current and previous funding opportunities can be found here.
The Illinois Opioid Remediation Advisory Board is the governor-appointed body that is responsible for making advisory recommendations for how the Illinois Opioid Remediation Trust Fund will be spent.
State Rep. La Shawn Ford, DChicago, was appointed by the governor to serve on the board, along with organizations that represent the needs of the entire state. In an interview, Ford said he has dedicated a lot of his time to this issue.
“Lt. Gov. Juliana Stratton brought grassroots organizations to the advisory board, allowing them to have input on how the money is being spent, which is critical, when you have people, organizations, nonprofits doing
the work and having a say in how the settlement funds are spent,” Ford said.
All programs and funding priorities must align with strategies described in the 2021 agreement, including: naloxone or other overdose reversal drugs; medication-assisted recovery and other recovery or bridge services; services for pregnant of postpartum people with opioid use disorders, as well as neonatal abstinence syndrome; treatment for incarcerated people; syringe services; prevention programs; harm reduction programs; and syringe services.
According to Ford, once recommendations are made by the advisory board, they will be forwarded to Raoul’s office for approval to ensure that the programs align with the priorities set in the settlement agreement.
Fall is Theatre Season in Valley View schools
Lukancic Middle School Drama Club
Presents “The Bully Plays”
“The Bully Plays” is a collection of short plays that deals with the serious problem of bullying in schools and communities. This anthology was created to help people understand and talk about bullying in a creative way. It includes eight different 10-minute plays that cover all kinds of emotions and situations related to bullying. Some of the plays are sad and touching, while others use imagination to explore the topic.
There are also powerful stories that make you think, uplifting moments that give you hope, and even some funny parts to keep things interesting. The anthology tries to inspire people to stand up against bullying and find ways to prevent it. It’s not just about showing the problem, but also about finding solutions and encouraging positive change in our schools and communities.
Show time is 6:30 pm Thu. Nov. 14, Fri, Nov. 15, and Sat. Nov. 16 in the Lukancic Middle School Auditorium. Tickets are available at the door. Adults $5, and students from kindergarten all the way up to college only pay $3.
A.Vito Martinez Middle School Presents “Murder on the 518”
In this play red-eye travelers on the westbound 518 are in for a surprise when first one passenger, and then another, mysteriously drop-dead right before their eyes — and just as the train is halted by a rockslide in an isolated canyon. Because the pair appears to have been poisoned, anyone and everyone in the train dining car is a suspect!
Performance dates are Fri. Dec. 13 at 6pm and Sat. Dec. 14 at Noon. Tickets available by cash purchase at the door only. Adults $5, Students $3, Children under 5 years old, no charge.
LEGAL NOTICE
Notice is hereby given that a public hearing will be held by the Village of Niles Planning and Zoning Board on Monday, December 2, 2024 at 7:00 P.M. in the Council Chambers of the Niles Municipal Building, 1000 Civic Center Drive, Niles Illinois, to hear the following matter(s):
24-ZP-29
Marius Ibanescu of 8252 N Ozanam Ave, Niles, IL 60714 is requesting approval of a Variation from Village of Niles Ordinance Appendix B Section 9.3(H)(2)(e) to allow for a detached garage that is 17.83’ in height where a maximum height of 15’ is permitted at 8252 N Ozanam Ave, Niles, IL 60714. PIN #: 09-24-326-041-0000
24-ZP-30
Musahib Puthawala of 2144 Parkside Drive, Park Ridge, IL 60068 is requesting approval of a Special Use Permit per Village of Niles Zoning Ordinance Appendix B Section 8.2(A) for a ‘Vehicle Repair –Minor’ at 9002 N Milwaukee Ave, Niles, IL 60714. PIN #: 09-14-413-021-0000
24-ZP-31
Musahib Puthawala of 2144 Parkside Drive, Park Ridge, IL 60068 is requesting approval of the following Variations from Village of Niles Zoning Ordinance Appendix B for a proposed ‘Vehicle Repair – Minor’ at 9002 N Milwaukee Ave, Niles, IL 60714. 1. A Variation from Section 10.4(A) to allow for 11 parking spaces where 19 are required. 2. A Variation from Section 5.2(A)(3) to allow for a use not listed under the “retail” category in Table 8-1 of the Zoning Ordinance within 250 of a signalized intersection PIN #: 09-14-413-021-0000
All persons interested should attend and will be given an opportunity to be heard. For additional information regarding the above case(s) or should any individual need auxiliary aid or service, such as sign language interpreter or materials in alternative formats, please contact the Village of Niles Community Development Department at 847-588-8000.
Published November 14, 2024