Due Process: Illinois business and citizen road map to freedom –

Illinois (ECWd)-

We urge each and every business and citizen to read the road map we are providing to opening up your businesses and removing you from the Statewide quarantine/isolation.

This is the due process in place.

As we laid out in our March 15, 2020, article, we all have due process rights that cannot be trampled.  That process is recognized in our state law and acknowledged by the Illinois Department of Public Health in their own enforcement documents recently uncovered and first shared in this article.

These three letters prove the State of Illinois knows it is the IDPH that has the sole enforcement power to close businesses and quarantine/isolate citizens. These very letters are the required notification people should have received from the local health departments, the supreme enforcement arm during a pandemic. It appears they have simply sat on the desks of Health Department Directors across the state.

• March 16 Letter
• April 17 letter
• April 25 letter

Thomas DeVore with SilverLake Law, the attorney who won the Temporary Restraining Order against the Governor this week on behalf of Darren Bailey and the attorney who filed a second case against the Governor, has confirmed, the letters we obtained are game-changers to business owners and citizens of the state of Illinois.  We encourage those wishing to exercise their due process rights, which is rather simple, contact him through his email address – [email protected] or contact any attorney you wish to obtain advice from. 

The IDPH director signed the enforcement letters, and it was not simply an information letter to local health departments.  It is specifically written to be provided as the required notice to those businesses and or citizens that do not comply with the directives being issued as evidenced by the first two words in the closing paragraph of the letters, “If you…”

Please understand the legal process.  Hearing about things on the news or on social media is not an order under our laws.  The law is crystal clear on this point, which we covered word for word in our March 15th, 2020 article.  What makes this so important now, is we have obtained the letters from IDPH that prove they know they are the enforcement arm, and they also know legal steps are required for such enforcement.

The process is as follows:

 20 ILCS 2305/2(b) – Subject to the provisions of subsection (c), the Department may order a person or group of persons to be quarantined or isolated or may order a place to be closed and made off limits to the public to prevent the probable spread of a dangerously contagious or infectious disease, including non-compliant tuberculosis patients, until such time as the condition can be corrected or the danger to the public health eliminated or reduced in such a manner that no substantial danger to the public’s health any longer exists.

Who recieved an “order” to close, quarantine, or isolate?

20 ILCS 2305/2(c) Except as provided in this Section, no person or a group of persons may be ordered to be quarantined or isolated and no place may be ordered to be closed and made off-limits to the public except with the consent of the person or owner of the place or upon the prior order of a court of competent jurisdiction.

If you do not consent to the closure, only the order of a court can close you down or quarantine/isolate you by law.

We understand the initial concern was based on an unknown potential impact.  The law provides for those situations as well.

20 ILCS 2305/2(c) The Department may, however, order a person or a group of persons to be quarantined or isolated or may order a place to be closed and made off limits to the public on an immediate basis without prior consent or court order if, in the reasonable judgment of the Department, immediate action is required to protect the public from a dangerously contagious or infectious disease. In the event of an immediate order issued without prior consent or court order, the Department shall, as soon as practical, within 48 hours after issuing the order, obtain the consent of the person or owner or file a petition requesting a court order authorizing the isolation or quarantine or closure. When exigent circumstances exist that cause the court system to be unavailable or that make it impossible to obtain consent or file a petition within 48 hours after issuance of an immediate order, the Department must obtain consent or file a petition requesting a court order as soon as reasonably possible.

Who recieved an order from IDPH or the local health department?

Most in this state have not recieved ANY order from the IDPH or the local health department.  Without the required order, the closure and quarantine/isolation appears to be nothing more than a voluntary action based on news information, not legal procedures mandated by law.

The burden to keep businesses closed and people quarantine and isolated is on IDPH and the local health departments, and it is becoming evident they can not meet the legal burden in the vast majority of Illinois.

20 ILCS 2305/2(c) -To obtain a court order, the Department, by clear and convincing evidence, must prove that the public’s health and welfare are significantly endangered by a person or group of persons that has, that is suspected of having, that has been exposed to, or that is reasonably believed to have been exposed to a dangerously contagious or infectious disease including non-compliant tuberculosis patients or by a place where there is a significant amount of activity likely to spread a dangerously contagious or infectious disease. The Department must also prove that all other reasonable means of correcting the problem have been exhausted and no less restrictive alternative exists.

Can IDPH or the local health department prove by clear and convincing evidence you or your business has, is suspected of having, been exposed to, or reasonably believe you have been exposed to dangerously contagious or infectious disease?

If the answer to those criteria is a resounding NO, we urge you to exercise your due process rights.  Mr. DeVore can explain those steps and is working in overdrive as we speak to prepare the needed information for those wishing to open their business and be freed from quarantine or isolation.  He can be reached through his email at [email protected] or contact any attorney you wish to obtain advice from.

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