CLAY COUNTY, Ill. (WAND) - A temporary restraining order has been issued against Governor JB Pritzker by a Clay County Judge over the stay-at-home order, an injunction has also been ordered.
This comes after State Representative Darren Bailey filed a lawsuit against the Illinois Governor and his stay-at-home order.
Monday was the first hearing on the lawsuit, where Clay County Circuit Court Judge Michael McHaney ruled against against Pritzker's executive order, granting a restraining order to temporarily block the stay-at-home order restrictions taking effect on Friday.
This does not mean the current stay-at-home order has been lifted. Gov. Pritzker's legal team has a week to appeal the judge's ruling. According to the Attorney General, who is representing Pritzker, the order does not impact the entire state. The governor's office said if they lose the appeal on Tuesday they will issue the new directives.
However an attorney WAND-TV spoke with read the ruling differently, saying this could apply to Illinois as a whole. If so the state could "return to normal" Friday, unless another judge gets involved to overturn the ruling.
The ruling only applies to Bailey, but the lawyer said because Gov. Pritzker is acting on behalf of the government, he believes Pritzker can not issue a new ruling and exclude Bailey; therefore making it binding for the entire state. Pritzker would also not be able to issue a new order due to equal protection laws, according to the lawyer.
“The Order applies to the litigants before the Court, which includes Pritzker. While Pritzker is restrained from enforcing a restraint on Bailey under the Order, a state actor cannot carve out only one citizen and enforce against the rest who are situated similarly without inviting additional constitutional prohibitions. Pritzker appears to recognize this reality as he has stated that he will issue "public health directives" as opposed to Orders,” the attorney said.
The news of the judge's ruling came in the middle of Gov. Pritzker's daily COVID-19 update. He said "we are certainly going to act in a swift action to have this ruling overturned."
"I have affirmed many times over, Democrats and Republicans alike, public servants of Illinois have come together since the beginning of this public health crisis to make incredibly difficult decisions." "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."
Bailey believes the governor has overextended his powers by extending the order. In the lawsuit Bailey claims Pritzker doesn't have the authority to issue emergency orders for a period of time more than 30 days from the declaration of the disaster.
“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.”
Pritzker said Bailey has made an enemy of science.
"Rep. Darren Bailey's decision to take the court to try and dismantle public health directives to keep people safe is an insult to all Illinoisians who have been lost during this COVID19 crisis and is a danger to those who may get sick because of his recklessness" "No one is better off because of this ruling," Pritzker said.
Pritzker stressed that the ruling puts Illinois at risk and he hopes there is quick action on this decision.
"Disasters don’t evaporate on a 30-day timeframe. Legislators took this into account when they wrote this law. We will fight this lawsuit to the furthest means possible. In the interim, we will be issuing new public health directives so we can respond to this public health crisis."
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.”
Edgar County Watch Dogs was live outside the courthouse as several community members showed up in support of Bailey's lawsuit.
The lawsuit was filed on Thursday after Gov. Pritzker announced the stay-at-home order would continue to May 30, with some modifications.
Illinois' public health director reports 1,980 additional cases as of Monday, for a total of 45,883. There were 50 more deaths, bringing the total to near 2,000.
Bailey said the power and authority Pritzker wields in the current crisis "calls for an immediate review and reconsideration of legislative intent.”
During the Monday afternoon update from the governor and the Illinois Department of Public Health, Pritzker stressed that this virus is not just a Chicago problem and it does impact downstate.
He shared the following excerpt from his speech on his Facebook page.
"COVID-19 knows no county or regional boundaries.
When listing counties by infection rate, two of the five highest are downstate. In order, that’s Cook, Jasper, Lake, Will and Randolph.
Looking at deaths per capita, the two highest counties are Jasper and Monroe — both in Southern Illinois.
I make every decision with the needs of the entire state in mind.
To help me do right by all our residents, I’ve sought out the advice of local officials across the state of every background and political affiliation.
We don’t always agree, but it’s always a two-way dialogue.
No matter where you live, I want you to be healthy and safe.
Following the advice of the scientists and experts is what has kept people in every region of our state alive.
Thousands of Illinoisans are still with us today because nearly all of you have made an earnest effort to follow our stay at home order, so that’s a decision I’m proud to have made.
Thank you for being #AllInIllinois — now let's stay the course and defeat this virus for good."
To read the full lawsuit, click here.