Kane County, IL. (ECWd) –
On Oct 26, 2020, a Kane County Judge issued an Emergency Restraining Order against Illinois governor J. B. Pritzker’s newest declaration of further mitigation efforts and his attempt at closing restaurants in Kane County to indoor dining.
According to Patch.com, “FoxFire can continue serving its customers inside after a Kane County judge granted a temporary restraining order Monday protecting the business from new regional coronavirus restrictions.”
The Emergency Petition for TRO (found on CapitolFax.com) asked that Fire Fox Tavern be permitted to remain open, even though the Governor issued new “guidance” through executive orders closing certain places to indoor dining and drinking to mitigate the rise of COVID-19 cases.
The TRO was Granted, based on arguments that (see ORDER here – also found on Capitolfax.com):
- Gov Pritzker only has powers to declare a disaster for 30 days, and all subsequent declarations are invalid and unenforceable
- Plaintiff seeks to maintain the status quo
The Complaint (found on CapitolFax.com) argues similar to the Clay County case where a Motion for Summary Judgement was Granted, and a later Sangamon County Judge denying Pritzker’s Motion to Vacate the Clay County ruling, and seeks a declaration that since “no new disaster existed” on October 16, 2020, that Proclamation should be void ab initio since the Governor’s powers of disaster declarations can only extend 30 days per disaster according to Section 4 of the Emergency Management Act.
Plaintiffs also seek to have the Illinois Department of Public Health Act complied with concerning notice, closures, and other restrictions, that the proper Department issue restrictions, etc., and that subsequent COVID declarations did not reset the 30-day emergency provisions in Section 8 of the Illinois Emergency Management Agency Act.
This marks the second time Governor Pritzker has a determination against his actions.
Some Counties have published lists of establishment who were cited for violating their policies – see Dekalb County.