Illinois (ECWd) -
Illinois Governor Pritzker has made it clear there will be consequences for those who do not follow his edicts. He has stated those who open their doors before he basically gives permission, are not following the law (even though Executive Orders are not law as it is Legislatures that make law, not Governors). He has his state agencies threatening businesses with closure citing his directives. Those who have opened their doors have been exposed to hatred, contempt, and ridicule for allegedly violating the Governor's orders. He has threatened to take business licenses of those licensed by the Illinois Department of Professional and Financial Regulations and the Liquor Commission, which would be public officials taking action. One only need to review the numerous press conferences to hear his own words on these matters.
What does the law consider to be criminal intimidation?
(720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
Sec. 12-6. Intimidation.
(a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to perform without lawful authority any of the following acts:
(1) Inflict physical harm on the person threatened or any other person or on property; or
(2) Subject any person to physical confinement or restraint; or
(3) Commit a felony or Class A misdemeanor; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or ridicule; or
(6) Take action as a public official against anyone or anything, or withhold official action, or cause such action or withholding; or
(7) Bring about or continue a strike, boycott or other collective action.
Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years.
(Source: P.A. 96-1551, eff. 7-1-11.)
Many attorneys have indicated the Governor does not have executive powers allowing him to take many of the steps against a private business we currently see him taking. In fact, during a recent radio interview with several attorneys, this very subject was raised. If you listen to this podcast, note at the 51:16 mark the attorney explains several facts and presents his concerns as it relates to the Governor and state government asserting authority they do not have and intimidating people. We urge every business wishing to open their doors to listen to the podcast as it answers every question we have heard and already written about.
We ask people to read the law and then listen to just a few video clips. Then, you be the judge and answer the question, does the Governor's shoe fit the criminal intimidation statute?