* The far right is attempting to turn this into some sort of big legal victory…
Monroe County State’s Attorney Chris Hitzemann filed a “motion for nolle prosequi” Thursday, declining to prosecute a citation issued by Illinois State Police to Washy’s Saloon in Waterloo last month when it failed to abide by mitigation efforts as ordered by Gov. JB Pritzker that prohibited indoor service of patrons.
“The citation in this matter states that defendant violated 20 ILCS 2305/8.1, particularly Rule 690.40, by allowing indoor service of patrons,” the filing states. “No such rule exists; however, the state presumes that the citation intended to cite Rule 690.50. Nowhere in (that rule) is indoor service of patrons prohibited.”
On Sept. 17, ISP visited Monroe County to see if bars and restaurants were complying with mitigation measures aimed at curbing the spread of the virus in the metro east. Those mitigations have since been lifted in the metro east. […]
“In response to a consistently high positivity rate in Region 4 and complaints about a small number of businesses violating public health rules, the Illinois Department of Public Health requested assistance from the Illinois State Police in our role of helping to enforce IDPH emergency rules,” ISP Central Acting Deputy Chief Mindy Carroll said at the time. “As outlined in the administrative rule, enforcement is an incremental process starting with a notice of non-compliance. If businesses continue to not comply, as has been the case in some instances in Region 4, state or local law enforcement can issue the business a misdemeanor citation, similar to enforcing indoor smoking laws. Local state’s attorneys determine how to proceed as they would in any other misdemeanor case.”
Tom DeVore is the restaurant’s attorney.
* This is what a motion for nolle prosequi means…
A nolle prosequi is the formal entry of record by the prosecuting attorney by which he or she declares that he or she is unwilling to prosecute a case.
That’s it. And with the restrictions now lifted in the region, why even bother?