Thirty-seven restaurants and bars in McHenry County filed suit Thursday against Gov. J.B. Pritzker and health officials, trying to prevent enforcement of an order to shut down indoor service, which is meant to prevent the spread of the coronavirus.
A hearing was set in the matter for Friday, one day before the shutdown was scheduled to take place in Lake and McHenry counties. A similar order has been imposed in Cook, DuPage, Kane, Kankakee and Will counties, and other parts of Illinois. […]
He based the legal challenge in part on the state law that gives the governor power to issue executive orders in an emergency, as Pritzker first did in March, but limits that power to 30 days. Some courts previously have upheld the governor’s power to issue consecutive orders to extend that time period indefinitely, but a downstate judge ruled this summer that the governor may not do so, a case that the state is also appealing.
* Pioneer Press…
Five Park Ridge restaurant owners filed a lawsuit this week against Gov. J.B. Pritzker, objecting to the governor’s latest order shutting down indoor dining at bars and restaurants.
The lawsuit, filed in Cook County Circuit Court late Wednesday, claims Pritzker lacks the authority to issue the executive order because the emergency powers he used to issue it expired in April.
Just a ridiculous assertion.
*** UPDATE 1 *** Sam Toia of the Illinois Restaurant Association announced today that his group will develop a standard amicus brief so that it can weigh in on lawsuits as they are filed.
*** UPDATE 2 *** Welp…
A McHenry County judge denied a temporary restraining order Friday filed by 37 local bars and restaurants can remain open despite the governor’s mitigation rules that take effect Saturday.
Attorneys met Friday morning at the McHenry County courthouse in Woodstock, where they argued primarily about Illinois Gov. JB Pritzker’s powers or lackthereof to enforce consecutive 30-day executive orders.
McHenry County Judge Thomas Meyer said that he ruled that way because he felt that the new mitigation orders were based on new facts and were not simply an extension of Pritzker’s original executive order.
*** UPDATE 3 *** The attorney general’s office tells me that judges in DuPage and Cook counties today also denied TRO motions filed by restaurant plaintiffs.