SPRINGFIELD, Ill. (WAND) – A central Illinois mayor is expressing frustration with his county’s health department as several businesses open in what he calls “defiance” of the governor’s executive order.

“We are not getting the backing of the public health department with regard to enforcement,” Springfield Mayor Jim Langfelder said. “I think that is a big issue.”

Langfelder and Springfield legal counsel told WAND News on Wednesday that the health department, the state’s attorney and city have an agreement on how to handle the issue of businesses operating. The mayor and counsel call it a civil process and have begun issuing cease and desist notices to several businesses to get them to comply.

“I say day in and day out that the police department, they have their hands full, but especially when they don’t have the backing of the health department that they should get. It is very distressed, so therefore, they are doing the best they can with the curb in,” Langfelder said.

Several of the Springfield businesses that have received cease and desist notices are currently open and have hired an attorney, Thomas DeVore. DeVore sent his own cease and desist letter to the Springfield mayor and Springfield police chief telling them to stop trying to shut his clients down, claiming doing so is violating their civil rights.

"I am not defying any orders,” Riley Craig-Shaffer, owner of Bow + Arrow Salon, said. “These are not laws. There are no set laws for this. By people saying we are defying orders, we are not, because this is our rights and we will continue to fight for them.”

Craig-Shaffer, who is being represented by DeVore, received one of the notices from the city of Springfield but is ignoring it. Craig-Shaffer said she has been open for business for about two weeks. Another business, FitBodies in Springfield, is also being represented by DeVore, but told WAND News a cease and desist letter has not been sent to them.

"As far as I am concerned, we are good to go,” Chris Schmulbach, the gym’s owner, said.

During Tuesday’s city council meeting, Mayor Langfelder expressed concern over businesses like FitBodies and Bow + Arrow operating.

"If they have activities going on, they should be shut down,” the mayor said. “They should take away their liquor license. These are decisions that will have to be made

The Sangamon County Health Department said, at this time, it has no reason to shut down either business.

"I don't believe it is within my authority to go and write a cease and desist unless there is an imminent danger,” Gail O’Neil, director of the health department, said.

O’Neil said the department has strong powers, but cannot act without cause, and those are limited.

"It has to be that we are concerned about the public health's risk immediately and that there is exposure to an infectious disease and highly likely that that will happen,” O’Neil said.

O’Neil has visited Bow + Arrow herself and said the salon is taking steps needed to keep customers safe, and based on guidance from the Sangamon County State’s Attorney, she can’t close them down but does believe Springfield police have the authority to act without her.

DeVore does not agree, saying he is not “familiar with any part of the law that allows a cease and desist letter to be given by a police officer."

In his own cease and desist letter sent to the mayor and Springfield police chief, DeVore said he is putting them both on notice.

"Please tread lightly,” he said. “You are not putting the city of Springfield and yourself in the position of civil liability."

DeVore is vowing to take federal legal action against the city if they continue to contact his clients.

"We are not defying any rules or laws.” Schmulbach said. “There is no law that says we have to be closed."

Craig-Shaffer agreed with Schmulbach saying she believes the cease and desist letters are a “threat”.

“I think they are trying to make themselves look good for the governor when they can't really enforce anything,” she said.

Mayor Langfelder and town counsel said they are preparing a response to DeVore’s cease and desist letter. They plan to release it on Thursday.

DeVore told WAND News that even though his clients can re-open the governor’s executive order on Friday, he will not drop the lawsuits. DeVore said he intends to sue the state for financial damages the shutdown has caused his clients.