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*** UPDATED x1 *** Another day, another lawsuit

Monday, Oct 26, 2020 - Posted by Rich Miller

* Eric Schelkopf at the Kane County Chronicle

The owners of FoxFire restaurant in Geneva are suing Gov. JB Pritzker over his ban on indoor service at restaurants and bars because of a rising number of COVID-19 infections.

The ban took effect Friday in Kane and DuPage counties as well as in Will and Kankakee counties. An emergency petition, filed in Kane County on Friday, asks a judge to issue a temporary restraining order to prevent Pritzker, the Illinois Department of Public Health and the Kane County Health Department from enforcing the ban without a court hearing. […]

In addition to filing the emergency petition, FoxFire on Friday also filed a suit against Pritzker, the Illinois Department of Public Health and the Kane County Health Department. The suit states that Pritzker has exceeded the emergency powers that were given to him.

Go read the rest. The law firm handling the suit specializes in estate planning. How convenient.

Kane County’s seven-day rolling average positivity rate on Sunday was 11.5 percent. Region 8’s hospital bed capacity is down to 25 percent after 8 straight days of admission increases.

*** UPDATE *** The complaint is here. They’re using the ol’ “He only gets one 30-day emergency declaration” gambit that has failed in every county but one. The emergency TRO petition is here.

* Related…

* Geneva Restaurant Defies Indoor Dining Ban Amid Coronavirus Surge


  1. - Blue to the Bone - Monday, Oct 26, 20 @ 8:09 am:

    These restaurant owners make it easy for me to decide who to give my business to. Now and for the future. FoxFire has been also displaying a “Vote NO on the Progressive Tax” sign in their front window as well.

  2. - DuPage Saint - Monday, Oct 26, 20 @ 8:16 am:

    Funny that it is going to stay open as less than a month ago it voluntarily closed because an employee was exposed to virus. I think I might disclose that and have everyone sign a release

  3. - Bruce( no not him) - Monday, Oct 26, 20 @ 8:20 am:

    Estate planning. They’re just drumming up business

  4. - Sir Reel - Monday, Oct 26, 20 @ 8:22 am:

    And here I thought that small businesses were hurting. If they can hire lawyers like this, guess not.

    (I realize most small businesses are hurting, but this isn’t helping their cause.)

  5. - ChicagoVinny - Monday, Oct 26, 20 @ 8:23 am:

    What would be ideal is some federal dollars to help support restaurants and bars survive paired with these bans, but alas.

  6. - In 630 - Monday, Oct 26, 20 @ 8:42 am:

    Genuinely depressing to see local places I like use their employees as human shields as they rationalize prioritizing their business over the health of the community.

  7. - JS Mill - Monday, Oct 26, 20 @ 9:13 am:

    I really like downtown Geneva, lots to do and some great restaurants. Go there on just about any evening and the place is bustling.

    That said, Fox Fire is off my list when I visit family in the area. I am sure they won’t notice.

    I really understand their frustration, but that does not excuse their behavior.

  8. - TheInvisibleMan - Monday, Oct 26, 20 @ 9:15 am:

    Serious question.

    What is stopping a scammer from pulling a slip and fall in one of these places, or a series of these places, knowing that insurance isn’t going to cover anything that happens when they stay open for indoor dining against health department guidelines.

    This seems like it would be the easiest way possible to take over businesses.

  9. - IL Concerned - Monday, Oct 26, 20 @ 9:42 am:

    I just don’t know. I’m on the side of science. Masks, distance, and I’ve eaten out just a handful of times in my region - central IL. However, just maybe, the Gov and IDPH should allow restaurants to remain open in the “bad” regions and once friends of of friends, and family start showing symptoms and hospitals get dangerously full - and people of the community talk about THAT - then people just might decided on their own to order curbside, take out… delivery instead.

  10. - Donnie Elgin - Monday, Oct 26, 20 @ 9:54 am:

    =What is stopping a scammer from pulling a slip and fall in one of these places=

    Restaurants are still open for take-out, they do not have to shut their doors. So not sure how your suggested scheme would even work. Additionally, no insurer has indicated that they would not cover a slip and fall or another liability claim. Now A COVID-19 related medical claim that is another story - but those are also exceedingly difficult to prove.

    “The Illinois Department of Insurance adds that “if businesses reopen contrary to public health guidelines and the state’s executive orders, there is risk that an insurer could find reason within the policy language to deny COVID-19 related claims.”

  11. - Jose Abreu's Next Homer - Monday, Oct 26, 20 @ 9:55 am:

    restaurants are just using the loophole of Private Events now. Blocks of time where 25 max people can dine and then when that time is up they get them out, clean, and then allow in the next group of 25 max for the “private event”. It’ll be fine and the virus is sustain.

  12. - lake county democrat - Monday, Oct 26, 20 @ 9:59 am:

    Governor Pritzker: Why should restaurants voluntarily stop serving indoor diners when those who defy your ban suffer no consequences, or receive a “warning” before anything happens to them?

  13. - Politix - Monday, Oct 26, 20 @ 10:06 am:

    There are people who actually WANT to eat inside restaurants?

  14. - cermak_rd - Monday, Oct 26, 20 @ 10:21 am:

    lake county democrat,

    Once upon a time it would have been because it was the right thing to do. Or community opprobrium if it weren’t observed. I think the jury’s still out on community opprobrium. It may not exist today but the internet is forever and people will be remembering this long after the economic and political concerns are gone.

  15. - Dan Johnson - Monday, Oct 26, 20 @ 10:31 am:

    This is your funniest line of the pandemic.

    Go read the rest. The law firm handling the suit specializes in estate planning. How convenient

  16. - Club J - Monday, Oct 26, 20 @ 10:38 am:

    Looks like Winnebago County set their own mitigation guidelines giving some wiggle room for Bars and Restaurants to use the meeting and social gathering clause for indoor dining. Then it went sideways and they issued 20 closure notices. I looked at a dozen or so of the places social media pages since that’s DeVore’s new hang out and seems they all are following his advice and staying open. One place even has t-shirts made up for it.

    It’s like there’s no pandemic going on and business as usual.

  17. - lake county democrat - Monday, Oct 26, 20 @ 10:48 am:

    Cermak - I hear ya, but I’m more cynical: if the last few years have proved anything it’s how little power “the judgment of history” has as a persuasive argument. And the more people see that playing by the rules is a fool’s game, the fewer will play by them.

  18. - Skeptic - Monday, Oct 26, 20 @ 10:52 am:

    “…once friends of of friends, and family start showing symptoms..” Aye, that’s the rub. It won’t be limited to friends and family.

  19. - Publius - Monday, Oct 26, 20 @ 11:11 am:

    I think the problem at this point is that most people don’t know anyone that has it and those that do have it the symptoms seem to be mild. Also, everthing is business as usual. Until hospitals cancel elective procedures again, stores make people wait outside, and so on no one really seems to think anything bad is going on. People just seem to think this is a bad flu and we can just get over it. Until that mindset changes then there will be no change.

  20. - JS Mill - Monday, Oct 26, 20 @ 11:24 am:

    =Governor Pritzker: Why should restaurants voluntarily stop serving indoor diners when those who defy your ban suffer no consequences, or receive a “warning” before anything happens to them?=

    So it is ok if I steal from you or someone else if other people are getting away with it?

    Sounds like a recipe for a great society.

    They should do it because 1) it is the right thing to do and 2) because the order has the force of law and therefore it is the legal thing to do.

  21. - Candy Dogood - Monday, Oct 26, 20 @ 11:25 am:

    I would appreciate it if journalists would cover this stuff differently with headlines like:

    “Local Restaurant Owner Places Profit over Patrons”

    “Restaurant continues to operate without regard to human life.”

    “If they aren’t wearing masks, why would you believe they wash their hands before touching your food?”


  22. - cermak_rd - Monday, Oct 26, 20 @ 11:39 am:


    I am not suggesting we leave judgement to the history books, a little more immediate than that. Once the pandemic is over their boost from people driving further to thumb their nose at the gov will be gone and I doubt the 20-30% (or higher) of what were their regular patrons who are appalled by these actions will be back.

  23. - Pundent - Monday, Oct 26, 20 @ 12:17 pm:

    =“Local Restaurant Owner Places Profit over Patrons”=

    I’m not sure that I would entirely go there. These restaurants are somebody’s livelihood and it’s important that we remember that. These are folks with families to support and often at the end of the day there is no profit or a meager one at best. If we’re going to cast blame it should be on the federal government. Just yesterday we heard from Mark Meadows that there’s nothing they can do to control the pandemic and the impact of it. Nonsense. Provide the assistance these businesses and their employees need so they aren’t put in a position of choosing livelihoods over lives. Give them somewhere else to turn other than Thomas DeVore. It’s cruel and inhuman.

  24. - SaulGoodman - Monday, Oct 26, 20 @ 12:35 pm:

    **Why should restaurants voluntarily stop serving indoor diners when those who defy your ban suffer no consequences, or receive a “warning” before anything happens to them?**

    My 9-year old asks me why I have to stop at stop signs, stop at red lights, and follow the speed limit if there are no police around.

  25. - Dotnonymous - Monday, Oct 26, 20 @ 1:58 pm:

    Anyone who continues to sell or provide a known to be dangerous/deadly food or drug or who creates and maintains a known to be dangerous/deadly service or place of business is in violation of law…period.

  26. - RNUG - Monday, Oct 26, 20 @ 3:25 pm:

    == There are people who actually WANT to eat inside restaurants? ==

    Politix, We actually eat out fairly regularly, but only at a few places where we know the owners AND known they are enforcing the mask and distance rules. We also go at off hours knowing very few people will be there.

    One of the places belongs to a former co-worker who got bored in retirement, so she bought a neighborhood place that was for sale. Was just at her place last night because neither of us felt like cooking. Place has a capacity of something like 168 and, not counting staff, there were a total of 10 people there.

    A second place we go my son works in the kitchen. The grandkids are at our house every day after school, so we figure we have a secondhand risk anyway; might as well eat there too.

    Don’t get me wrong, we check the parking lots first. If the places are crowded, etc. we don’t go in.

  27. - yinn - Monday, Oct 26, 20 @ 4:02 pm:

    As promised, DeKalb County Health Department has begun publishing its restaurant/bar list of shame.(They actually call it “Requests & Concerns”).

Sorry, comments for this post are now closed.

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