Quick Hits – October 25, 2019

Today Quick Hits will live up to its name. So, let’s get started!

The hearing approaches!

Opposing counsel, Pat Kinnally, just submitted his legal memorandum, or defense to my lawsuit seeking 255 pages of sexual harassment complaints from the Kane County State’s Attorney’s Office.

Despite having won the FOIA denial appeal, State’s Attorney Joe McMahon continues to refuse to abide by the law and turn over the documents, so there was no other choice but to seek relief in the 16th Circuit Courts.

Considering my vast Kane County notoriety, and the fact I’m suing a sitting state’s attorney, the case was moved to the 23rd Circuit where Judge Melissa Barnhart will hear it in the Kendall County courthouse (807 John St., Yorkville) on November 6 at 1 p.m. in courtroom 116.

Please note! I’d previously posted it was to be heard in courtroom 110, but that was incorrect. I had a little difficulty reading the handwritten court order.

The hearing is open to the public, and given the unique nature of the case, I’m sure the proceedings will be more than fascinating.

This is opposing council’s argument:

Memorandum of Law

And here’s my rebuttal to that memorandum. For all those attorney doubters out there, this answer is 100 percent my own work. Did my legal adviser review it? Yes, he did! But he didn’t change a word:

Reply to Memorandum of Law

 

Working with children is always a difficult proposition

Particularly when you consider the existing massive parental entitlement mindset, I don’t know how teachers, day care workers, school counselors, school aides, and all manner of other individuals who work with children, do it.

And working with special needs children takes the kind of unique calling and level of patience I can’t even begin to comprehend. But the happy truth is, those stalwart folks who choose those kinds of vocations are generally pretty good at it.

That’s why, for the most part, we can send our children to daycare and school every day without a major concern for their safety.

But there is another side to this dynamic that I began to recognize as my two boys made their way through the local school system. Some of those fine folks find out, too late, that the thought of working with children doesn’t always match up with the sometimes-stark reality.

That’s why educators have one of the highest professional attrition rates in the country with 44 percent of teachers walking away from the gig before they hit the five-year mark. That’s even worse than it is with police officers.

But having spent thousands of dollars on the required classroom training, many of these disillusioned individuals feel it’s too late to turn back now, so they persevere regardless, which really isn’t good for them or the children in their care.

So, I was more than dismayed upon reading the current news story about a Burlington School District bus aide dragging and striking a special needs child to the point where she knocked out two of his teeth.

School Bus

Now the aide, who previously served 35 years as a firefighter/paramedic for the Burlington Fire Protection District without issue, faces an aggravated felony assault charge, which tends to make one’s life quite difficult going forward.

Though she’s clearly presumed innocent until a judge or jury decides otherwise, with the difficult nature of the crime and a number of eyewitnesses involved, I’m not so sure there will be much of a plea offer.

The child will never be the same, either. Being struck with the force required to remove two teeth by someone charged with helping and protecting you will haunt him for the rest of his life. And special needs children have a very difficult time as it is.

I know it’s not easy, but if you find yourself getting to the point where you no longer have the patience necessary to work with children, please preserve your sanity and your future by simply walking away.

There is nothing about this case that isn’t disturbing.

 

Don’t forget Thriller on 38!

On a lighter note, don’t forget that next Tuesday (10/29) Vargo’s Dance will be performing their second annual Michael Jackson’s Thriller dance right next to the studio – a little more on 2nd Street than on Route 38.

Jamie Vargo

This free performance will include food trucks and a costumes encouraged after-party upstairs at the Old Towne Pub. The event will proceed thusly:

8:15 – 9:15         Outdoor music, food trucks and more

9:00 – 9:05         The performance

9:15 – 10:30       After Party at Old Towne Pub Upstairs ($15 cover)

Though I won’t be dancing this year, I will certainly be on hand to cheer on the dancers and enjoy a family fun Halloween event. Be there or be square!

6 thoughts on “Quick Hits – October 25, 2019

  1. I hope you are able to stick it to them Nov.6th.

    • I don’t want to be overconfident, but, especially with this judge, I can’t see a scenario where I don’t win. But then, of course, the KCSAO will likely appeal it.

  2. As always I think the mood of the judge will determine the outcome. Your point is strong that you are not asking for names, so I think you should win on that. However they have a point of saying the FOIA officer is usurping executive power and that might be enough to sway her or take it to appellate court. Do not forget you are an interloper in a fraternity/sorority. No State Attorney wants to lose to a civilian.
    And when I keep asking you to ask for attorney fees and costs I do not mean like real attorney fees but costs. you should be entitled to your costs if you prevail Good luck. Hope to see you if I can make it and cheer you on.

    • Jim,

      I feel pretty confident with Judge Barnhart hearing the case. And I guarantee that, as a female attorney, she’s been sexually harassed at some point.

      All the appellate case law completely favors my argument.

      And yes! The KCSAO will have to pay my court costs when I win.

      I hope you can make it, too! It will be a fascinating argument!

      Jeff

  3. Or give a link to your well-informed update?

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