*** UPDATE 1 *** Some clarity…
…Adding… If you look at Bailey’s complaint, he only asked that the restrictions be lifted on himself. Which shows you how much of a grandstanding move this was.
*** UPDATE 2 *** Pritzker’s chief of staff…
*** UPDATE 3 *** This judge sounds like a real treat…
*** UPDATE 4 *** More…
*** UPDATE 5 *** Speaker Madigan has been almost totally silent in the last several weeks, but he issued this statement today…
Like Governor Pritzker, I find Representative Bailey’s lawsuit to be extremely reckless, at a time we can least afford it. The governor’s actions have consistently reflected an understanding that, as we face this crisis, we must be guided by what is right – not what is easy, comfortable or expedient. Clearly, we cannot say the same for all the leaders of our state.
It is my sincere hope that upon further review, this decision is reversed, and that our health care workers, first responders and loved ones are not unnecessarily subjected to added risk by such a short-sighted lawsuit.
*** UPDATE 6 *** Leader Durkin…
Today’s ruling is the first regarding the Governors authority from his Executive Orders during this time of pandemic. I expect a quick appeal to the higher courts as this is a case of first impression and one that needs to be dealt with on an expedited basis. We will be following the case closely as it progresses.
*** UPDATE 7 *** The governor’s office says the attorney general’s office filed the notice of appeal tonight and the brief is due Wednesday.
Also, from Senate President Don Harmon…
Today’s ruling doesn’t change the fact that nearly 2,000 Illinoisans have died from this disease in recent weeks and thousands more remain hospitalized, struggling to maintain their health. I would appeal to everyone’s common sense. A dangerous, highly infectious virus is loose in our communities. You have stayed inside and practiced social distancing because you know it’s the right thing to do. You’ve done it because you care about your family, friends and neighbors. Today’s ruling doesn’t change any of that. This virus isn’t paying attention to judicial orders.
Please, be patient, recognize the dangers and keep following the advice of our medical professionals and public health experts.
Rep. Darren Bailey…
Clay County Chief Circuit Judge Michael D. McHaney ruled in favor of State Rep. Darren Bailey’s challenge to Governor J.B. Pritizker’s statewide ‘stay at home’ order during a Monday court hearing, granting Bailey a temporary restraining order that only covers the Representative. However, Bailey says he will continue to push the issue and hold the Governor responsible to the public health laws already on the books.
“Our governor has acted as if he knows best, but he does not know what’s best for all 12 million residents in our state,” said Bailey (R-Xenia). “We have a mechanism in place through the Illinois Department of Public Health; and how to act during a pandemic was laid out many years ago, long before J.B. Pritzker came to office. I’ve asked him since day one to respect local governments throughout the state and he’s refused, but I believe this lawsuit is the mechanism by which ‘we the people’ will be allowed to govern ourselves as our constitution demands.”
Bailey’s attorney Tom DeVore said Illinois has had a pandemic/influenza response plan in place for many years, a plan approved by the Illinois legislature, that is a 120-page guide that covers the current COVID-19 situation.
“It’s called the state of Illinois Department of Public Health Pandemic/Influenza Preparedness and Response Plan,” said DeVore. “It’s a law promulgated by the legislative branch that lays out how the Department of Public Health is to manage these types of pandemics. It’s very detailed. It’s working now. I’ve talked to my county health department and they use this plan now. It’s very effective and more importantly it contains due process within the law for individuals pertaining to a quarantine.”
“The comments by Judge McHaney make it clear in my opinion that the governor or the legislative leaders could have called us back into session to debate and clarify the emergency powers, but they have not done so. The U.S. Congress has met using common sense distancing and even local city councils and county boards have been meeting with the use of technology like Zoom. The only other option at this point to ensure the checks and balances of power in Illinois are through the courts,” added Bailey.
Bailey argued that under state law, Pritzker could not extend his first executive order beyond 30 days. Another court hearing on a permanent injunction is expected within 30 days.
[ *** End Of Updates *** ]
Today’s ruling is troubling and wrong. I understand that the State Attorney General’s office will appeal this ruling, which we support. One of the many problems with this ill-advised opinion is that it will destroy the collective progress we have made, giving Illinoisans the wrong impression that we have beaten the COVID-19 pandemic. Let me remind everyone that the Governor’s Stay at Home Order has played a crucial role in our data-driven, robust response to COVID-19. In fact, recently published City data has shown that staying at home and limiting human interaction is one of the major reasons why Chicago is beginning to see the flattening of the curve. And let me be clear, this does not mean that we can, nor should, return to our normal day-to-day lives, in fact it means the opposite. Continued compliance will be needed to keep flattening the curve and ultimately lead to a decrease in cases. Contrary to what this ruling suggests, we must all be in this together, and only through cooperation and collaboration can we contain and limit the effects of the virus.
I applaud and unequivocally support Governor Pritzker’s actions to extend the Stay at Home order to protect all Illinois residents. Nothing about today’s ruling will change the City’s intention to continue imposing the Stay at Home restrictions. We need this effort to keep all Chicagoans safe and healthy, and we will stay the course.
* The governor was just asked a question about Rep. Bailey’s lawsuit: Governor, a judge just ruled that your stay at home order in Darren Bailey’s lawsuit is no longer able to stand. We’re still getting the details of what that order means but would you like to react to that?…
I would. I have affirmed many times over that Republicans and Democrats alike, public servants from all corners of Illinois have come together since the earliest days of this public health crisis to make incredibly difficult choices, understanding that painful as our actions might be the question boils down to life and death. COVID-19 is responsible for denying the people of Illinois the precious moments of togetherness and steadiness of routine that have been put on pause in response to this global pandemic. The stay at home order has prevented 10s of thousands of illnesses and thousands of deaths.
Representative Darren Bailey’s decision to take to the courts to try and dismantle public health directives, designed to keep people safe is an insult to all Illinoisans who have been lost during this COVID-19 crisis and it’s a danger to millions of people who may get ill, because of his recklessness, at best, no one is better off because of this ruling and at worst people’s health and safety will suffer tremendously.
In Illinois and nationally we are operating on decades of precedent in terms of how disaster proclamations work from floods to tornadoes and now a global pandemic disasters don’t necessarily evaporate on a 30 day timeframe.
In the interim, we will be issuing new public health directives so that we can continue to respond to this public health crisis. At this time I strongly encourage all municipal level leaders, as well as the people of Illinois, who are our strongest weapon against this virus to follow the advice of our scientists here in Illinois and across the nation of IDPH and the CDC and continue to follow the guidelines of are stay at home order.
This ruling has put the people of Illinois at risk.
I sincerely hope that this matter will be brought to a swift resolution so that we can go back to placing our undivided attention on the work of keeping people safe.
Please pardon transcription errors.
* Follow-up from Mary Ann Ahern: So, if the judge is saying, Darren Bailey’s right, you might not have this authority. So every city, every county is going to go ahead and say, guess what we’re opening…
That is the danger that Darren Bailey has put the state in. You’ve just stated it perfectly succinctly.
People are in danger as a result of this ruling of the judge’s ruling of the suit that was brought by Darren Bailey. We certainly are going to act in a swift fashion to try to have this ruling overturned, certainly put a stay in place.
I mean it’s frankly, it’s insulting, it’s dangerous. And peoples’ safety and health has now been put at risk. There may be people who contract Corona virus as a result of what Darren Bailey has done now.
* How quickly can you act because I would think people are going to try to supersede them very quickly?
The Attorney General handles these kinds of lawsuits there people are on site and there people are handling the appeals that will take place
…Adding… Unrelated question that Pritzker brought back to this particular topic: How do you see the handling of COVID-19 affecting political political discourse in Illinois and across the country as we lead up to the November election?…
I think that I can see that people want to make this a political issue. From my perspective this is a matter of life and death. We all want to be on the same side on those subjects. So I’m hoping that this doesn’t devolve into the politics that I think, often people at the federal level like to make it. And obviously you can see that there are legislators who don’t understand this who think that everything is fodder for the political world.
But I must say that there are Republicans that I have worked with who are genuinely concerned to do the right thing in the state of Illinois and of course Democrats have been terrific, working with some of those Republicans, working with me to make sure that we’re making progress at lowering our hospitalizations and all the other things that we’re trying to do here. But it is vital, vital that we work together to keep people safe and that means following the orders that we put in place, which obviously you know Darren Bailey has now put at risk.