Bailey v. Pritzker: Motion To Add Count V Alleging No Public Health Emergency As Defined In Law

Clay Co.  (ECWd) –

Representative Darren Bailey through is Attorney Tom DeVore of Silver Lake Group Ltd. has filed a motion to file an Amended Complaint in addition to filing a response to the Governor’s motion to dismiss Count 1 of the complaint.

Contained in the amended complaint is Count V seeking the following.

A. Declaring no public health emergency existed in Clay County on June 26, 2020, as defined by Section 4 of the IEMAA;
B. Declaring Pritzker has no current emergency power as defined in Section 7 of the IEMAA in Clay County given no valid proclamation of disaster issued on June 26,
2020;
C. Declaring any subsequent disaster proclamation issued by Pritzker for Clay County on or before July 26, 2020, is invalid as no public health emergency as defined in Section 4 of the IEMAA exists;
D. Declaring any emergency powers which Pritzker might proclaim in Clay County, pursuant to any subsequent disaster proclamations issued by Pritzker on or before July 26, 2020, are invalid as no disaster due to a public health emergency as defined in Section 4 of the IEMAA exists;
E. Awarding Bailey his costs incurred in this matter as may be allowed by law;
F. That the Court grant such other and further relief as is just and proper.

We note that the focus of this count is on the definition of Public Health Emergency as found in the Illinois Emergency Management Agency Act.  We wrote about this issue at great lengths in two recent articles, here and here.

We will update you with a new article once we know any hearing dates for these motions.  We suspect the motion for the amended complaint will be granted and then the Governor is going to be given time to respond.

A copy of the filings can be downloaded at links here and here or viewed below.