WAH argued that due to this contradiction, the department’s scoring system is fundamentally unfair – just a clever way to get hopeful applicants to submit the $2,500 to $5,000 application fee without ever having any actual chance of approval.
“The only purpose the IDFPR had in not announcing that all scored exhibits would be scored on a binary basis was to conceal the inequity and unfairness this scoring process inherently would produce by making 252 points the only possible winning score,” the lawsuit states.
It’s an appraisal of the situation that Cook County Judge Moshe Jacobius at least partially agrees with. In a hearing on WAH’s case on Monday, he ordered that the applicant be included in Thursday’s lottery. He also rebuked the department’s characterization of veteran ownership as “optional” when it was a deciding factor for so many applicants.
During the hearing, Jacobius admitted that the implications of the WAH case mean that the entire licensure process may need to be reworked.
“We can’t predict the future. And counsel says that if you ultimately rule that the whole structure was improper, then the whole thing will have to be redone over again… But then, everybody then would