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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 10:22 am 
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Darkside wrote:
Boilermaker Rick wrote:
Darkside wrote:
No. Its accurate. A terrible metaphor.
Truthfully, Pritzkers comments are closer to telling fire in a theater than getting on a metra train with 999 more people is.
What do you mean by that?

I think that's clear. He's spreading and inciting panic with words. This is a more apt metaphor (as you unnecessary pointed out below) than a limitation on the peaceably assemble.

brick wrote:
The point is that there are limits to Constitutional rights. However, this is more similar to a curfew which has been also Constitutionally tested.

Yes. There are limits to constitutional rights. Limiting the right of the people to assemble in groups of fewer than 1000 or 250 is not tested however. What's really, or should really be tested here, is the limitations of the governor's ability to make such decisions and of course the enforcement part as well. They use "force" to break up an assembly.... will charges be filed? Which charges?
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Darkside wrote:
The reason it's a terrible metqphor is because you're comparing limitations of separate clauses.
It's a metaphor. A metaphor compares two similar things.

Yes thank you for assuming I'm illiterate. I'm telling you these are not similar things.
Curfews are tested. Maybe you could take the case to the Supreme Court though. I would guess it is found to be acceptable.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 10:23 am 
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Much like 9/11 reminded me of the Tom Clancy book Debt of Honor, this situation facing us now reminds me of Executive Orders.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 10:27 am 
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I thought it was interesting that Fred Hoiberg looked like he was dying on the bench the other day and there was relief that it was not the Wuhan virus. I'm sure that's comforting to anyone who catches what he actually has. Looked like fun.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 10:33 am 
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Boilermaker Rick wrote:
Curfews are tested. Maybe you could take the case to the Supreme Court though. I would guess it is found to be acceptable.

I imagine it would have to be tested in several levels of courts before it got near the SCOTUS.

Here's a theoretical question though... could the government, or should the government, suppress the spread of false information, or what it perceives to be false information, regarding the spread and nature of coronavirus, in an effort to suppress panic and hoarding or looting? I feel that would be a more apt metaphor to helling fire than limitations of assembly.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 10:37 am 
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Can Pritzker control movement of citizens to some degree after declaring an emergency? Yes. To what degree? That depends.

Quote:
(20 ILCS 3305/7) (from Ch. 127, par. 1057)
Sec. 7. Emergency Powers of the Governor. In the event of a disaster, as defined in Section 4, the Governor may, by proclamation declare that a disaster exists. Upon such proclamation, the Governor shall have and may exercise for a period not to exceed 30 days the following emergency powers; provided, however, that the lapse of the emergency powers shall not, as regards any act or acts occurring or committed within the 30-day period, deprive any person, firm, corporation, political subdivision, or body politic of any right or rights to compensation or reimbursement which he, she, it, or they may have under the provisions of this Act:

...[I encourage you to read these parts I'm skipping over, because holy crap]...

(6) To recommend the evacuation of all or part of thepopulation from any stricken or threatened area within the State if the Governor deems this action necessary.
(7) To prescribe routes, modes of transportation, and destinations in connection with evacuation.
(8) To control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.


I think sub-section 8 is what Pritzker is utilizing here to quash gatherings above whatever figure he sets. And to be fair, for as constitutionally regressive as the power seems, giving government's chief executive the authority control the immediate area of a disaster is certainly reasonable.

I think, though, that any challenge to this action (real or hypothetical) would come in the form of attacking Pritzker's inclusion of the entire state in his definition of "disaster area". It defies all reason that the citizens of Jasper County, Illinois are having their civil liberties abridged because 11 cases of a not-all-that-lethal virus appeared in a handful of counties 200+ miles way from them.


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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 10:38 am 
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Darkside wrote:
I imagine it would have to be tested in several levels of courts before it got near the SCOTUS.
Probably. I think it would go a lot like the ideas of curfews in extreme circumstances.

Darkside wrote:
Here's a theoretical question though... could the government, or should the government, suppress the spread of false information, or what it perceives to be false information, regarding the spread and nature of coronavirus, in an effort to suppress panic and hoarding or looting? I feel that would be a more apt metaphor to helling fire than limitations of assembly.
I'm not sure that is theoretical. You already can't make false statements about medical information. I'm guessing it would fall under the same umbrella as being able to claim that your olive oil cures cancer though there are ways to get right up to that line and get away with it.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 10:40 am 
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Boilermaker Rick wrote:
WaitingforRuffcorn wrote:
You can tell this is bullshit when crowds of more than 250 are banned, but schools shall remain open.
Schools at least for now are staying open because schools are more important than an NBA game.


:lol: Schools are important so go ahead and gather there. Trust us we are taking this disease really seriously.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 10:40 am 
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Juice's Lecture Notes wrote:
Can Pritzker control movement of citizens to some degree after declaring an emergency? Yes. To what degree? That depends.

Quote:
(20 ILCS 3305/7) (from Ch. 127, par. 1057)
Sec. 7. Emergency Powers of the Governor. In the event of a disaster, as defined in Section 4, the Governor may, by proclamation declare that a disaster exists. Upon such proclamation, the Governor shall have and may exercise for a period not to exceed 30 days the following emergency powers; provided, however, that the lapse of the emergency powers shall not, as regards any act or acts occurring or committed within the 30-day period, deprive any person, firm, corporation, political subdivision, or body politic of any right or rights to compensation or reimbursement which he, she, it, or they may have under the provisions of this Act:

...[I encourage you to read these parts I'm skipping over, because holy crap]...

(6) To recommend the evacuation of all or part of thepopulation from any stricken or threatened area within the State if the Governor deems this action necessary.
(7) To prescribe routes, modes of transportation, and destinations in connection with evacuation.
(8) To control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.


I think sub-section 8 is what Pritzker is utilizing here to quash gatherings above whatever figure he sets. And to be fair, for as constitutionally regressive as the power seems, giving government's chief executive the authority control the immediate area of a disaster is certainly reasonable.

I think, though, that any challenge to this action (real or hypothetical) would come in the form of attacking Pritzker's inclusion of the entire state in his definition of "disaster area". It defies all reason that the citizens of Jasper County, Illinois are having their civil liberties abridged because 11 cases of a not-all-that-lethal virus appeared in a handful of counties 200+ miles way from them.

This is precisely the kind of response I was looking for with my original question.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 10:42 am 
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WaitingforRuffcorn wrote:
Boilermaker Rick wrote:
WaitingforRuffcorn wrote:
You can tell this is bullshit when crowds of more than 250 are banned, but schools shall remain open.
Schools at least for now are staying open because schools are more important than an NBA game.


:lol: Schools are important so go ahead and gather there. Trust us we are taking this disease really seriously.
Not an answer here.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 11:02 am 
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Darkside wrote:
Juice's Lecture Notes wrote:
Can Pritzker control movement of citizens to some degree after declaring an emergency? Yes. To what degree? That depends.

Quote:
(20 ILCS 3305/7) (from Ch. 127, par. 1057)
Sec. 7. Emergency Powers of the Governor. In the event of a disaster, as defined in Section 4, the Governor may, by proclamation declare that a disaster exists. Upon such proclamation, the Governor shall have and may exercise for a period not to exceed 30 days the following emergency powers; provided, however, that the lapse of the emergency powers shall not, as regards any act or acts occurring or committed within the 30-day period, deprive any person, firm, corporation, political subdivision, or body politic of any right or rights to compensation or reimbursement which he, she, it, or they may have under the provisions of this Act:

...[I encourage you to read these parts I'm skipping over, because holy crap]...

(6) To recommend the evacuation of all or part of thepopulation from any stricken or threatened area within the State if the Governor deems this action necessary.
(7) To prescribe routes, modes of transportation, and destinations in connection with evacuation.
(8) To control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.


I think sub-section 8 is what Pritzker is utilizing here to quash gatherings above whatever figure he sets. And to be fair, for as constitutionally regressive as the power seems, giving government's chief executive the authority control the immediate area of a disaster is certainly reasonable.

I think, though, that any challenge to this action (real or hypothetical) would come in the form of attacking Pritzker's inclusion of the entire state in his definition of "disaster area". It defies all reason that the citizens of Jasper County, Illinois are having their civil liberties abridged because 11 cases of a not-all-that-lethal virus appeared in a handful of counties 200+ miles way from them.

This is precisely the kind of response I was looking for with my original question.
So I'd argue that it is an unlawful abridgment of our assembly rights, but because the definition used to invoke the emergency powers was overbroad. I think courts—some courts, at least, but who knows these days—tend to be pretty hands-off when it comes to second-guessing the assessment of nebulous sets of facts by those in power, so challenging Pritzker as to whether coronavirus is even really a threat worthy of emergency at all would be a dog that wouldn't hunt.


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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 11:04 am 
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And that is sad because this is a test to see what we'll swallow before we wig out.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 11:12 am 
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Joe Orr Road Rod wrote:
I thought it was interesting that Fred Hoiberg looked like he was dying on the bench the other day and there was relief that it was not the Wuhan virus. I'm sure that's comforting to anyone who catches what he actually has. Looked like fun.

:lol:

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 11:13 am 
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FavreFan wrote:
Joe Orr Road Rod wrote:
I thought it was interesting that Fred Hoiberg looked like he was dying on the bench the other day and there was relief that it was not the Wuhan virus. I'm sure that's comforting to anyone who catches what he actually has. Looked like fun.

:lol:

:lol:
Yeah that comment didnt get the love it deserved.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 11:18 am 
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Boilermaker Rick wrote:
WaitingforRuffcorn wrote:
Boilermaker Rick wrote:
WaitingforRuffcorn wrote:
You can tell this is bullshit when crowds of more than 250 are banned, but schools shall remain open.
Schools at least for now are staying open because schools are more important than an NBA game.


:lol: Schools are important so go ahead and gather there. Trust us we are taking this disease really seriously.
Not an answer here.


Wasn't a question asked either. You just unilaterally decided what is and is not important. If you are a child, have a child school, or work at the school it's "important", but there are options to learn from home.

If you work in the NBA, work at an arena, work in restaurants, bars, merchandising etc. NBA games are also important. If you decide that gatherings of 1,000 people are not acceptable or the police will come to stop it, why keep the schools open? There are thousands of kids in schools gathering together in a confined space, and they are probably statistically less likely to follow cleanliness and disease control guidelines than adults.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 11:29 am 
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Joe Orr Road Rod wrote:
I thought it was interesting that Fred Hoiberg looked like he was dying on the bench the other day and there was relief that it was not the Wuhan virus. I'm sure that's comforting to anyone who catches what he actually has. Looked like fun.
If you're sick, don't go to work. It's sad that it took a global pandemic like this to get MANY employers to realize that sometimes a day spent in bed benefits an employee more than trying to fight thru an illness while on the job.

I had strep throat over Labor Day weekend. It absolutely kicked my ass for the better part of 3 days. Took about a week before I finally felt 100%. Outside of some kickass soup that I had delivered, it was zero fun.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 11:46 am 
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WaitingforRuffcorn wrote:
Wasn't a question asked either. You just unilaterally decided what is and is not important. If you are a child, have a child school, or work at the school it's "important", but there are options to learn from home.
I didn't unilaterally decide anything. It is my opinion that a vast majority of people would agree that schools being open are more important than NBA games being open. Now, maybe you disagree though I don't really see an argument being made outside of "people make money off the NBA" which is also true for schools so it really doesn't matter. If you were given a choice, which was to close every school in the state, or every pro sports venue in the state, would you choose the pro sports venues?

WaitingforRuffcorn wrote:
If you work in the NBA, work at an arena, work in restaurants, bars, merchandising etc. NBA games are also important. If you decide that gatherings of 1,000 people are not acceptable or the police will come to stop it, why keep the schools open? There are thousands of kids in schools gathering together in a confined space, and they are probably statistically less likely to follow cleanliness and disease control guidelines than adults.
You do it because schools are more important than NBA games in terms of taking care of kids, providing meals to kids, and the well being of our country.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 11:50 am 
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Boilermaker Rick wrote:
WaitingforRuffcorn wrote:
Wasn't a question asked either. You just unilaterally decided what is and is not important. If you are a child, have a child school, or work at the school it's "important", but there are options to learn from home.
I didn't unilaterally decide anything. It is my opinion that a vast majority of people would agree that schools being open are more important than NBA games being open. Now, maybe you disagree though I don't really see an argument being made outside of "people make money off the NBA" which is also true for schools so it really doesn't matter. If you were given a choice, which was to close every school in the state, or every pro sports venue in the state, would you choose the pro sports venues?

WaitingforRuffcorn wrote:
If you work in the NBA, work at an arena, work in restaurants, bars, merchandising etc. NBA games are also important. If you decide that gatherings of 1,000 people are not acceptable or the police will come to stop it, why keep the schools open? There are thousands of kids in schools gathering together in a confined space, and they are probably statistically less likely to follow cleanliness and disease control guidelines than adults.
You do it because schools are more important than NBA games in terms of taking care of kids, providing meals to kids, and the well being of our country.
So it’s a more acceptable risk to keep them open ? Despite adults being told its dangerous to gather in groups of plus 999 ?

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 11:52 am 
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all schools will be closed in short order so you guys might as well hold off on the arguing about it.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:00 pm 
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Hatchetman wrote:
all schools will be closed in short order so you guys might as well hold off on the arguing about it.

Yep, after today daughter's school is done until April.


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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:08 pm 
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badrogue17 wrote:
So it’s a more acceptable risk to keep them open ? Despite adults being told its dangerous to gather in groups of plus 999 ?
It's a tough situation all around. The NBA being cancelled has very little downside. No one is going to go hungry or have no one able to watch them during the day because the Bulls aren't playing.

However, it does seem like schools are going to get the same treatment in terms of being cancelled. It's a harder call though than losing out on the second most interesting basketball games in the world.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:11 pm 
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Boilermaker Rick wrote:
badrogue17 wrote:
So it’s a more acceptable risk to keep them open ? Despite adults being told its dangerous to gather in groups of plus 999 ?
It's a tough situation all around. The NBA being cancelled has very little downside. No one is going to go hungry or have no one able to watch them during the day because the Bulls aren't playing.

However, it does seem like schools are going to get the same treatment in terms of being cancelled. It's a harder call though than losing out on the second most interesting basketball games in the world.

No one? I dunno man, theres a lot of workers and businesses in the area that depend on the stadium and crowds for their livings.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:16 pm 
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Darkside wrote:
Boilermaker Rick wrote:
badrogue17 wrote:
So it’s a more acceptable risk to keep them open ? Despite adults being told its dangerous to gather in groups of plus 999 ?
It's a tough situation all around. The NBA being cancelled has very little downside. No one is going to go hungry or have no one able to watch them during the day because the Bulls aren't playing.

However, it does seem like schools are going to get the same treatment in terms of being cancelled. It's a harder call though than losing out on the second most interesting basketball games in the world.

No one? I dunno man, theres a lot of workers and businesses in the area that depend on the stadium and crowds for their livings.
Is your suggestion here that nothing should be done to try and stop the spread of the virus?

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:20 pm 
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Boilermaker Rick wrote:
Darkside wrote:
Boilermaker Rick wrote:
badrogue17 wrote:
So it’s a more acceptable risk to keep them open ? Despite adults being told its dangerous to gather in groups of plus 999 ?
It's a tough situation all around. The NBA being cancelled has very little downside. No one is going to go hungry or have no one able to watch them during the day because the Bulls aren't playing.

However, it does seem like schools are going to get the same treatment in terms of being cancelled. It's a harder call though than losing out on the second most interesting basketball games in the world.

No one? I dunno man, theres a lot of workers and businesses in the area that depend on the stadium and crowds for their livings.
Is your suggestion here that nothing should be done to try and stop the spread of the virus?

It is my suggestion that your blanket statement that no one will go hungry and that there is little downside might not have been thought through fully. I have no idea where you got whatever idea you're trying to plant in your post.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:25 pm 
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Darkside wrote:
It is my suggestion that your blanket statement that no one will go hungry and that there is little downside might not have been thought through fully. I have no idea where you got whatever idea you're trying to plant in your post.
Many children rely on schools to provide a safe place during the day and one or two good meals a day. This is not true of pro sports stadiums.

Potential layoffs are a completely separate issue that is far more varied in terms of potential causes.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:32 pm 
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Boilermaker Rick wrote:
Potential layoffs are a completely separate issue that is far more varied in terms of potential causes.

Not really varied at all in this case.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:33 pm 
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Boilermaker Rick wrote:
Darkside wrote:
It is my suggestion that your blanket statement that no one will go hungry and that there is little downside might not have been thought through fully. I have no idea where you got whatever idea you're trying to plant in your post.
Many children rely on schools to provide a safe place during the day and one or two good meals a day. This is not true of pro sports stadiums.

Potential layoffs are a completely separate issue that is far more varied in terms of potential causes.

Who are you arguing with? I'm not talking about schools. I'm telling you that cancelling sporting events does not have "very little downside" and claiming "no one will go hungry" is false.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:39 pm 
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Darkside wrote:
Boilermaker Rick wrote:
Darkside wrote:
It is my suggestion that your blanket statement that no one will go hungry and that there is little downside might not have been thought through fully. I have no idea where you got whatever idea you're trying to plant in your post.
Many children rely on schools to provide a safe place during the day and one or two good meals a day. This is not true of pro sports stadiums.

Potential layoffs are a completely separate issue that is far more varied in terms of potential causes.

Who are you arguing with? I'm not talking about schools. I'm telling you that cancelling sporting events does not have "very little downside" and claiming "no one will go hungry" is false.
I'm talking about schools. You jumped in on the discussion.

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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:44 pm 
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Boilermaker Rick wrote:
Darkside wrote:
Boilermaker Rick wrote:
Darkside wrote:
It is my suggestion that your blanket statement that no one will go hungry and that there is little downside might not have been thought through fully. I have no idea where you got whatever idea you're trying to plant in your post.
Many children rely on schools to provide a safe place during the day and one or two good meals a day. This is not true of pro sports stadiums.

Potential layoffs are a completely separate issue that is far more varied in terms of potential causes.

Who are you arguing with? I'm not talking about schools. I'm telling you that cancelling sporting events does not have "very little downside" and claiming "no one will go hungry" is false.
I'm talking about schools. You jumped in on the discussion.

Just to burn down your straw man. You do love your straw man very much.

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bigfan wrote:
Many that is true, but an incomplete statement.


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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:45 pm 
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And I didn't jump into anything. I started this thread. Its entire direction and the question posed originally has been completely hijacked a couple times.

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"Play until it hurts, then play until it hurts to not play."
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bigfan wrote:
Many that is true, but an incomplete statement.


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 Post subject: Re: Is this legal?
PostPosted: Fri Mar 13, 2020 12:48 pm 
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Darkside wrote:
And I didn't jump into anything. I started this thread. Its entire direction and the question posed originally has been completely hijacked a couple times.
Sure you did. Go read the initial post. Plenty of people rely on school lunches for food. That's why closing schools is a harder decision than closing NBA games.

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