Madison Co. (ECWd) -
The Edwardsville/Glen Carbon Chamber of Commerce, on behalf of its 500 members, filed a four-count complaint today in Madison County Circuit Court for Declaratory and Injunctive Relief against Governor JB Pritzker and his orders closing businesses.
From the Complaint:
- The Chamber has approximately 500 members mostly being private business entities.
- Just so it is clear, The Chamber is NOT seeking any relief under the U.S. Constitution or under any Federal Law.
It then sets forth the statutory requirements under the Emergency Management Agency Act that must be complied with in order to close a business (See Sec 2(c) of the Act).
This Complaint alleged Governor Pritzker does not have the statutory authority to extend any Executive Orders past 30 days and lacks authority to close businesses - which is a function of the IDPH, subject to due process.
- DECLARATORY JUDGMENT FINDING THE APRIL 30 PROCLAMATION IS VOID FOR FAILING TO MEET THE DEFINITION OF A DISASTER AS DEFINED IN THE IEMAA
- DECLARATORY JUDGMENT FINDING PRITZKER HAD NO AUTHORITY TO UTILIZE EMERGENCY POWERS AFTER APRIL 08, 2020
- DECLARATORY JUDGMENT FINDING THAT THE ILLINOIS DEPARTMENT OF HEALTH ACT GOVERNS THE CONDUCT OF STATE ACTORS IN THIS CONTEXT
- FOR INJUNCTIVE RELIEF
There is also a Motion for Temporary Restraining Order filed with this case - a TRO Hearing date has not been set as of the publication of this article.
The TRO is seeking relief to apply to the membership of the Chamber of Commerce, which includes its 500 members (see page 47).