Another day, another lawsuit
Friday, Aug 7, 2020 - Posted by Rich Miller
* Edgar County Watchdogs…
Fox Run Restaurant filed a lawsuit in Sangamon County Circuit Court [yesterday] naming the City of Springfield and Mayor James Langfelder as defendants.
The Complaint is against the city’s “Emergency Ordinance(s)” and the Mayor’s statutory authority to extend Executive Orders past 7 days without the consent of the city council, as written in Section 7 of the Emergency Interim Executive Succession Act (also within the Illinois Emergency Management Agency Act), and past the first regular meeting of the city council as written in the Illinois Municipal Code, Section 11-1-6.
Documents here and here. This is a DeVore special.
* Memory lane…
Businesses continue to open up in defiance of the state’s Stay-at-Home order.
The restaurant Fox Run Restaurant and Lounge in Springfield opened on Friday, May 22.
A photo taken inside the restaurant shows Representative Darren Bailey, R-Xenia, got an even early sneak peek with a visit to the business on Thursday.
Pic…
- Dee Lay - Friday, Aug 7, 20 @ 1:36 pm:
I’m too vindictive, but the health department should show up, cite and shut down the restaurant.
You don’t want to follow law and rules and endanger others, then you don’t have to be open.
- Monopoly - Friday, Aug 7, 20 @ 1:39 pm:
Exhibit One
What the art on the wall?
Go to……?
- L.A. - Friday, Aug 7, 20 @ 1:39 pm:
I have a 10 year old cousin that can draft a better Motion for TRO. This doesn’t have a prayer of happening. Fox Run, stop throwing money away at Devore. This is getting embarrassing. Im gonna have to go pull the Petition to see if its just as bad.
- Oswego Willy - Friday, Aug 7, 20 @ 1:42 pm:
Covidiots want photographic evidence of their ignorance.
Is this lawsuit one predicated on process not the substance of the order?
=== statutory authority to extend Executive Orders past 7 days without the consent of the city council, as written in Section 7 of the Emergency Interim Executive Succession Act (also within the Illinois Emergency Management Agency Act), and past the first regular meeting of the city council as written in the Illinois Municipal Code, Section 11-1-6.===
So they may agree with the order, just not the process to it existing… or they just don’t like it at all…
We’ll see if it flies.
- Norseman - Friday, Aug 7, 20 @ 1:46 pm:
The only one winning here is DeVore. He’s given an all new meaning to ambulance chaser.
- Decaturland - Friday, Aug 7, 20 @ 1:47 pm:
By the looks of him, Mr. Bailey looks like he enjoys those fries.
- Senator Clay Davis - Friday, Aug 7, 20 @ 1:47 pm:
Like Louie Gohmert and Herman Cain, it’s only a matter of time before Bailey contracts COVID. This kind of showboating behavior catches up to you eventually. Sad for anyone that comes in contact with the guy.
- Demoralized - Friday, Aug 7, 20 @ 1:49 pm:
==Like Louie Gohmert==
Louie Gohmert tried to blame his illness on wearing a mask. He suggested it could have been the mask that caused him to get sick.
- The Way I See It - Friday, Aug 7, 20 @ 1:52 pm:
I love how the party of “Law and Order” is digging deep into ignoring the law.
- Tin pan - Friday, Aug 7, 20 @ 1:59 pm:
Flouting public health laws just seems like a weird marketing strategy for a restaurant. But what do I know?
- Pundent - Friday, Aug 7, 20 @ 2:01 pm:
=Louie Gohmert tried to blame his illness on wearing a mask.=
Yes he did. Unfortunately Herman Cain’s not around to blame anyone. I’d be interested in Rodney Davis’ take. This is in his district after all.
- Huh? - Friday, Aug 7, 20 @ 2:01 pm:
“Go to……?”
Jail. It looks like the art work from a corner of the Monopoly game board.
- Perrid - Friday, Aug 7, 20 @ 2:02 pm:
I’ve eaten at the fox run several times, they have good food, and I’m usually against cancel culture and vindictiveness, but my lord it’s going to be hard to forget this idiocy the next time I pick a restaurant.
- OneMan - Friday, Aug 7, 20 @ 2:04 pm:
Wonder what is rate is for this kind of work, does he advertise on The People’s Court downstate? Something with the tagline ‘Now Handling COVID shutdown cases’?
- Demoralized - Friday, Aug 7, 20 @ 2:27 pm:
==I’d be interested in Rodney Davis’ take==
He was pretty firm in his response that everyone should be wearing masks and that he had been doing so.
- Tin pan - Friday, Aug 7, 20 @ 2:30 pm:
Cancel culture? Back in my day we called those “consequences”
- RNUG - Friday, Aug 7, 20 @ 2:30 pm:
== … You don’t want to follow law and rules and endanger others, then you don’t have to be open. ==
Know one of the owners and a number of the employees. You are only getting part of the story.
Before they reopened, they had the Sangamon County Public Health Department in to inspect and approve all their preventive procedures, etc. Got complete approval from the insoector. They truly believe that the Mayor, on his own, does not have the proper legal authority for his orders.
- RNUG - Friday, Aug 7, 20 @ 2:31 pm:
I’ve tried to respond twice. Not showing up. Don’t know if it is my phone glitching or what.
- RNUG - Friday, Aug 7, 20 @ 2:46 pm:
Only part of the story. They had the facility inspected and their plans approved by the health department before they reopened.
- Pundent - Friday, Aug 7, 20 @ 3:14 pm:
=Got complete approval from the insoector.=
Did that include permission to have 3 people sitting shoulder to shoulder?
You want to go back to a place that allows this? The best message that we can send to these establishments is that their aren’t enough Covidiots to keep them in business and those that aren’t won’t be returning. You flaunt health and safety in a pandemic, I certainly don’t want to eat your food.
- Demoralized - Friday, Aug 7, 20 @ 3:17 pm:
With respect RNUG, they’ve sullied themselves by associating with DeVore. That’s where my issue is. They’ve teamed up with a hack attorney who is making a mockery of the system with his ridiculous lawsuits.
- Excitable Boy - Friday, Aug 7, 20 @ 3:23 pm:
- They truly believe that the Mayor, on his own, does not have the proper legal authority for his orders. -
So they chose to invite Bailey and use DeVore? Yeah, and I have a bridge to sell you.
This is a stunt, pure and simple.
- pool boy - Friday, Aug 7, 20 @ 3:57 pm:
They are all wearing shirts and shoes. I guess they don’t mind that restriction.
- West Side the Best Side - Friday, Aug 7, 20 @ 3:57 pm:
He’s probably having a Diet Coke with those fries.
- Quenton Cassidy - Friday, Aug 7, 20 @ 4:02 pm:
Couple thoughts here, as a business owner and downstate resident.
Let’s be careful about drawing conclusions or making judgments concerning whether a business owner is engaging in a “stunt” by litigating an issue like this. Particularly if your’e not familiar personally with the situation. I understand it’s easy to so conclude in such a political environment, and when we see others who are clearly using the current difficulties to raise their own profile.
But I am familiar with a handful of small business owners who believe with sincerity some officials have over-stepped the appropriate or legal boundaries of their executive authority. Not to mention they’re desperate to maintain their livelihood. They may well have made a poor choice in attorney, and I wouldn’t hire him; but that doesn’t mean they are simply involved in some publicity stunt. They’ve gone to someone who appears to be willing to advocate on their behalf.
Seeking redress of grievance in the courts is a legitimate course of action, and there are legitimate issues to be resolved, irrespective of party, ideology, or one’s views on policy.
- Just the Facts - Friday, Aug 7, 20 @ 4:22 pm:
I don’t have any sympathy for the owners of Fox Run. They reopened early in defiance of the prohibition against indoor dining. Now, they have filed a baseless lawsuit because the mayor of Springfield has issued an order that will require, among other things, all persons in indoor restaurants must have assigned seats, and people who leave their tables to wear a mask. How are these requirements unreasonable.
If I’m reading Devore’s filing correctly, Fox Run isn’t alleging that they have been sanctioned, they just don’t want to comply with what seems to me to be common sense protections against the spread of the virus.
Sangamon County has seen a spike in COVID-19 cases over the past few weeks because of precisely the kind of behavior the mayor’s Executive Order is designed to help eliminate.
I’m no fan of the Mayor, but in this instance he is absolutely correct. I’m totally fed up with the people who refuse to take the pandemic seriously.