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June 28, 2022

Kane County Judge Issues TRO Against Gov. Pritzker’s COVID-19 Restrictions –

By John Kraft & Kirk Allen

On October 26, 2020

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.

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31 Comments
  • Mags
    Posted at 07:49h, 27 October

    God Bless them. Hope more start pushing back against this tyranny.

  • jannie
    Posted at 08:06h, 27 October

    Wondering if I go to that bar get Covid 19 could I sue the bar owners. Just a thought. Many events now have people sign waivers. Perhaps the bar owners are doing that. Don’t know what the bar owners liability insurance is like.

    • Lyn P.
      Posted at 09:04h, 27 October

      Only massive continued fear-pushing can even allow that idea to EXIST. The “tests” are provably fake, Covid itself is provably fake as a real diagnosis distinct from several other p0ssibilities. And proving transmission of “it” in a particular establishment….by….whom??

      Only a fully mad world would think this holds water from a legal standpoint.

      But of course that’s part of what they’ve been doing all of 2020 – coercing a large % of the population to be scared, unable to think, critically, and thereby allow fascist rules and behavior because of muh “covid.”

      • Shela
        Posted at 23:36h, 27 October

        I’m a independent voter and this virus is real. I had a family member in their late 30’s who was healthy who got this and they were healthy. This virus is no joke.
        You republicans think its ok for children to have active shooter drills in school for the cost of freedom, but wearing a mask to try and keep people safe is tyranny.

        Why can’t restaurants just find clever ways to stay open. I know someone who owns a restaurant and they allow people to eat in their cars in the parking lot. The waitress comes to the car, take their order and bring the food out to them, so that way on cold days….they can have the heater on in their car. They are doing really good with that. Sonic does it and they did it in the 50’s with carhop restaurants.
        As I stated I’m a independent voter, but I will not be voting for Trump. I seen what my family member went through with this virus and its sad that Trump is not taking it serious.ly..
        You people in Illinois have a governor who is trying to help you and you all complain about it, imagine if he did nothing you guys would probably still be complaining.
        Look at all the executive orders Trump signs and no one complains about it, but when a Governor does it everyone loses their minds.
        If Pritzker was a republican and did all these executive orders, you all would be fine with it. It’s all about politics. Even the cure for this is becoming political its sad. Politics is destroying this country.

        This is why I’m an independent, republicans and democrats claim to be religious but yet just judge others….not all republicans are good, and not all democrats are bad. Didn’t Jesus teach us to love one another?

        • Paul Kimble
          Posted at 13:32h, 28 October

          yea, the flu is real…. if you are afraid of it go hide in your basement. let the rest of us live our lives in freedom.
          they weaponized the flu as a color revolution coup and have succeeded, these court cases are our only hope for defeating the coup leaders!

          • JACK
            Posted at 13:41h, 28 October

            BINGO! this november 3 they will find out that their latest in a series of several coup attempts will have AGAIN

            FAILED

          • Bob M
            Posted at 20:56h, 28 October

            Your theory that the Democrats, gathered all of the leaders of all of the countries on the planet and convinced them to join in on this coup to take the presidency by fear mongering and hoodwinking the citizens of the world, including of course us, into believing that this is a killer virus and that Trump has incompetently handled it from the start so he must be voted out, is the single most moronic thing that I have ever had the great misfortune to read.. I too am an independent voter and am sick and tired or the two party system, where I am left having to choose between Trump or Biden….talk about picking your poison. Had Trump gone to his base and said hey, this is real, follow these guidelines and we will get through this together at the beginning, we would not be here right now. Instead he chose to turn it into a political football. Has he just played it right…he would have crushed Biden in November. Now, he’s done and we will have four months of litigation regarding the election results, and most likely Pelosi will be the acting president until the Supreme Court rules on the election issues. In the meantime, the mortgage forbearance and stay on evictions will come to end and the real estate market will collapse, again. The hedge fund guys will literally make billions, again, while all of us, the regular folk who waste their time bickering online about left and right non-issues…will get massacred financially.

        • Earl Elliott
          Posted at 07:23h, 29 October

          Dr. Quack said that by the end of the year, he is estimating that 4,000 people will die from the virus. According to the CDC’S website, over 480,000 people die a year from smoking in the U S. And an additional 48,000 deaths from 2nd hand smoke. Where is the concern about that?? Bottom line everyone is going to die from something some day. People that want to live in fear should stay home and wrap themselves in bubble wrap and let normal people live their lives.

    • Tony
      Posted at 12:04h, 27 October

      It’d be an impossible case to prove unless you’re a hermit and that was the only place you’ve been…but if that’s the case, all manner of other issues may befall you as you’re exposed to all manner of other stuff you may not have resistance to.

    • David
      Posted at 19:22h, 28 October

      You would have to prove damages.. You chose to go in, Its like saying, I drove me car into the rear end of another car and hurt yourself so you are suing the guy you rear ended… Sure anyone can sue but dont think it would get far

    • John Caron
      Posted at 10:01h, 12 November

      How could that be proven?

  • Shela
    Posted at 23:31h, 27 October

    Funny how these restaurant owners claim “they don’t want to put people at harm” let data shows that restaurants are super spreaders. I’m a independent voter, and I know someone who got this virus and died from it. They were in their late 30’s and were healthy. This virus is no joke.
    Why can’t restaurants just find clever ways to stay open. I know someone who owns a restaurant and they allow people to eat in their cars in the parking lot. The waitress comes to the car, take their order and bring the food out to them, so that way on cold days….they can have the heater on in their car. They are doing really good with that. Sonic does it and they did it in the 50’s with carhop restaurants.
    As I stated I’m a independent voter, but I will not be voting for Trump. I seen what my family member went through with this virus and its sad that Trump is not taking it serious.ly..
    You people in Illinois have a governor who is trying to help you and you all complain about it, imagine if he did nothing you guys would probably still be complaining.
    Look at all the executive orders Trump signs and no one complains about it, but when a Governor does it everyone loses their minds. If Pritzker was a republican and did all these executive orders, you all would be fine with it. It’s all about politics. Politics is destroying this country.

    • David
      Posted at 19:27h, 28 October

      Actual CDC data says 6% comes from restaurants… Not sure what illegitimate data source you are using but its flat out wrong.

      The world would be a better place if people actually researched and verified things they say but chronic laziness and ignorance seems to be the soup of the day…

      Side note: I pray you are not a independent voter. Please join the ranks of one of the clown parties and dont turn ours into a garbage dump of misinformation

      • PK
        Posted at 05:51h, 29 October

        I performed a keyword search for “super spreader” at the CDC website, then perused some of the search returns, going as far as to read documents that would possible contain information about where its spread. I can find no research for known distribution of spread on the CDC website. Lots of stuff on how to address risk if/when you go out though.

    • JC
      Posted at 10:05h, 12 November

      Data does not show restaurants are superspreaders. Less than 2% of cases have been identified as originating from restaurants.

      I currently have covid. It’s extremely mild. Less than a cold. I. Was worse off with the flu I had earlier this year.

      Can some vulnerable people be killed from it? No doubt, but at this point CFR is sub 1%.

      The lockdowns, masks, fear is doing significantly more damage than this would have had we let it run its course.

      We know this based upon locations that have remained open.

      Stop the fear mongering. Let’s get back to our normal lives, we only have so much time on this planet.

  • Robert O. Bogue
    Posted at 08:05h, 28 October

    Fear mongering….emotional cry babies….all driving cars to work and play. Some of these people just don’t understand that diving a car is dangerous and the real need for a horse and buggy to protect them selves. Go ahead make all of us drive a horse and buggies because cars are dangerous: just like the China virus..
    Comprehending we’re in the cold and flu season and that people will die from these viruses is also a problem. Right?
    Pointing to a event in one’s family is easy. Try to keep perspective. Start telling the truth about these lockdowns we’re all being asked to participate in…..
    Suicide is real. Depression is real. Not going to doctors and avoiding heath care….is real. Forget about free enterprise, Let the doctors, dentists go out of business. Let the grocery stores go out of business. Don’t go to work and make widgets…we don’t need them, just stay home and do nothing.. Shut down manufacturing, don’t make cars!
    Close restaurants…lets put everyone out of work. Then what? Were you thinking Doctor Pritzker will be making house calls?
    Bottom line…risk assessment. If you’re afraid of the light stay under your rock.

  • Mags
    Posted at 08:49h, 28 October

    No way to prove where anyone got COVID. People are going to stores, banks.

    COVID cases are irrelevant. What matters is the ACTUAL death count, not cases. It appears the seasonal flu disappeared last FLU season and is starting out slowly this season. Did the Flu just suddenly disappear? or have they been conflating COVID with the seasonal Flu?

    Those of you who are afraid stay home and shelter in place and wear a hazmat suit when going out. Do not ruin the lives and livelihoods of others.

    We have never shut down like this for SWINE FLU H1N1, Sars, bad flu seasons, etc..

    If masks work, why have we not been wearing them every flu season? Think of the thousands of lives that could have been saved. We did not wear them because they don’t work.

    Stop the insanity. We will see what happens after the election.

    • David
      Posted at 19:32h, 28 October

      MAGS, they have to talk infection rate because because death rate is down. 2 days ago the death rate was at the 2nd lowest since March although the infection rate was also at the highest level.

      People have no idea what a good thing this is High infections low deaths means herd immunity is kicking in. Only complete incompetence of not letting this play out would be a bad thing.. SO of course, expect this because that what bureaucrats do…

  • Cindy
    Posted at 12:04h, 28 October

    Sheila is a liar. No one has EVER died from any fake disease from any FAKE virus. It doesn’t exist! This has NOTHING to do with any fake disease they made up. This is about one world odor! They are resetting the world and the populace is too stupid to see through the lies.

    Now because of liars we are going to see retaurants and bars close down once again. Doesn’t anyone read what the Watchdogs posts about court cases where this is all illegal an no one has ANY authority to do this to free human beings?

    • Paul Kimble
      Posted at 13:34h, 28 October

      SHELA is a paid poster… end of story

  • Scott guzik
    Posted at 18:35h, 28 October

    Restaurants account for 1.6% of cases. 79% are long term facilities. These are IDPH statistics. Take out the long Term care facilities as it is irrelevant to MOST of us in our daily life…. and how do you want to change your life for less than 2% of cases. Kiss my “half moons” JB.

  • John Teresi
    Posted at 20:07h, 28 October

    The virus is real but masks don’t necessarily work. Illinois is again putting on restrictions and we wear masks all the time. We also need to build our immune system by getting germs. Shutting down businesses is not the answer. Democrat or Republican we all need to work. Children also need to be in school with their own peers. Be realistic and use common sense. This will end like all viruses do. God bless America.

    • Marilyn G.
      Posted at 20:00h, 02 November

      FINALLY, someone making sense in very few words !

  • Pat Enery
    Posted at 20:56h, 28 October

    The PCR (polymerase chain reaction) & antibody tests are SURROGATE tests–they don’t find a virus; rather, they find something else said to indicate the presence of the virus. To validate a surrogate test, one must first do a careful study in which the surrogate test is compared to a gold standard test like a double blind test. Without having a gold standard test with which to compare your surrogate test, & without this comparison having been performed in the clearest & most meticulous way possible, there is NO POSSIBILITY of having an accurate surrogate test. That means all the positivity numbers on the boob tube are meaningless & no basis to justify a lockdown, masks, social distancing, ect… Wake up & do some research people. Do you always blindly obey authority?

    • PK
      Posted at 07:35h, 29 October

      Unreliability, albeit known and/or unknown is not aggregated with test results, either. Implausible data, weird science.

  • Cindy
    Posted at 23:40h, 28 October

    ohn Teresi? Where do you get off tellling others that the virus is real? How do you know this? What are you basing that opinion on? Virology is all based on fraud. There is no such thing as a virus. Wake up people, they are leading you into the new world odor with fear porn.
    https://youtu.be/fjNpbGfmFgQ

  • PK
    Posted at 04:29h, 29 October

    On either or both sides of the mask; gotta like the petioner’s reference to “ad nauseum.”

  • Jaffo
    Posted at 13:18h, 29 October

    If you are sick stay home if your not sick go out and enjoy your life like God intended us to not science. God created the earth not scientists. Please let that sink in.

  • LJ
    Posted at 19:24h, 01 November

    Shela I’m sorry your family member died. But I’m a single mom trying to raise 2 kids. If the economy doesn’t get opened back up we will be out In the cold in Jan. In Chicago. But you right let’s all stay at home and do nothing and so many ppl will be on the street. I guess we aren’t all as privileged as you in your little world of entitlement and ignorance. Do some research. THESE RESTRICTIONS ARE ILLEGAL. They are trying to make everyone fearful. Look into the interview South Dakota’s governor did. The governor who never implemented lockdowns and restrictions. . That economy is booming. The only thing the governor of Illinois wants and mayor and Nancy pelosi is us fearful and in need. That way we are easier to control. This is about breaking down families, communities, religion. PEOPLE ARE EASIER TO CONTROL THEN. but I guess in your entitled world all the people killing themselves is ok cuz we all should stay inside. You do realize if peloton had wanted to make a deal to help the American ppl she would of taken the unemployment deal of extra 500 months ago instead of continuing to fight it. DO SOME RESEARCH or you shouldn’t speak from just an emotional state. Do some research on GEORGE SOROS. the Marxist behind it all.

  • CUTHBERT TWILLEY
    Posted at 19:06h, 03 November

    So…..is it true that JB was in WI last weekend and the bar patrons were ordered by Isp to turn in their cameras? Www. secondcitycop. blogspot. com.

  • PK
    Posted at 21:30h, 03 November

    Unfortunately, I’ve since found a lack of diversity, tolerance, and integrity among news posters at CapitolFax.com.

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