Louisville, IL -(Effingham Radio)- The debate over Gov. J.B. Pritzker’s stay-at-home and economic lockdown orders in Illinois went to court Monday afternoon with a Clay County judge issuing an injunction in favor of State Rep. Darren Bailey.
Clay County Residential Circuit Court Judge Mike McHaney ruled Pritzker’s extension of travel and workplace restrictions were unconstitutional and violated the state lawmaker’s civil rights. The ruling comes a few days after Gov. Pritzker announced the stay-at-home order and closure of non-essential businesses would extend to May 30 across Illinois. The injunction would be effective for 30 days.
McHaney’s ruling applies only to Bailey’s claims, but other Illinois residents could join a class action suit with the lawmaker or file their own lawsuits against the COVID-19 orders. The interest for joining Bailey’s efforts is evident judging by the 300 calls, emails and other electronic messages received by mid-Tuesday morning at the Greenville law firm representing Bailey. Apparently, many are ready to join the legal effort for reopening the state. Bailey is represented by Greenville attorneys Thomas DeVore and Erik Hyam.
Gov. Pritzker’s legal counsel filed an appeal to the injunction ruling on Tuesday morning and claims ending the stay-at-home order and business restrictions would cost more lives in Illinois. Appearing for the state in the courthouse at Louisville on Monday was Thomas Verticchio of the Illinois Attorney General office. The hearing lasted just under two hours.
Bailey, who lives near Xenia and represents the 109th legislative district, said he filed the lawsuit because it was time for him and his constituents to get back to work. He noted the low number of COVID-19 cases in his district and the economic hardship hitting this region of Illinois. Bailey does not shortchange the medical risks of the virus, but he claims in his lawsuit the authority for the governor’s first emergency declaration on coronavirus had expired on April 9 and the two extensions should have gained approval by the Illinois General Assembly.
“Enough is enough!” Bailey said last week when announcing the filing of his lawsuit outside the Clay County Courthouse. “It’s time for people to go back to work.”
Effingham County Board Chairman Jim Niemann offered support for Bailey’s efforts that can apply to local government rights versus state authority.
“I am paying close attention to the progress of this case, with hopes the appeals process is completed quickly,” Niemann said Tuesday. “I agree with the judge’s ruling, and while it reportedly applies only to Representative Bailey, I believe the 14th Amendment due process clause applies the law equally to all. This decision lays critical groundwork for opening the economy back up, as well as re-establish fundamental principles of government and personal responsibility, affirming the government of laws instead of men. Until these orders by the governor, we have been free to do whatever we wanted unless a law prohibited it. This is the first time we have only been able to do what the law allows. That is a scary change in government from a free society to an authoritarian one.”
There was a large crowd, estimated at more than 200, coming to Louisville to show support for Bailey’s efforts. News reporters were allowed in the courtroom along with some of the public. The seating had been marked off to conform to social distancing rules, which limited the courtroom to 92 people, Clay County Circuit Clerk Crystal Ballard.
Some people allowed in the courtroom wore face masks while others did not. The Clay County Courthouse was disinfected Monday night to ensure the safety of courthouse employees coming to work on Tuesday, Ballard said.
The injunction ruling quickly became national and even international news with some states this week relaxing social distancing rules and allowing the reopening of many businesses offering non-essential services. Pritzker’s extension order did amend some closure requirements for some state parks, retail businesses and industries, but also made the use of face masks mandatory in public spaces where social distancing of six feet or more is not possible.
On Monday afternoon during a press conference, Pritzker made it clear he will fight the injunction through the court system and explained that people are not just dying in Cook County and Chicago but other parts of the state, including Bailey’s own legislative district, which extends north to Montrose and south to Norris City, west to Wayne City and east to communities along the Wabash River.
“I want to stop and take a moment now to address those who think that coronavirus is just a Chicago or a Cook County problem, and the downstate Illinois is immune or doesn’t need restrictions. Folks, that’s just not how this virus operates. COVID-19 knows no county or regional boundaries,” Pritzker said. “Even more troubling, COVID-19 has played a role in the deaths of Illinoisans in 42 of our counties around the state with the top two rates of death per capita being in Jasper County and Monroe counties, that means you’re more likely to die of COVID-19 if you live in either of those two counties than if you live in Chicago or in Cook County. When these factors are taken into account, the overall picture around COVID-19 in Illinois is quite different than many have assumed.”
In the lawsuit documents, Bailey claimed Pritzker had a 30-day limit from his March 9 state emergency declaration, based on state law regarding gubernatorial authority during emergencies, including public health emergencies like the pandemic. The court file referred to “redundant proclamations” by the Governor twice in April rendering the “the 30-day limitation on emergency powers meaningless.”
Bailey’s lawsuit said Pritzker had ordered him to stay at home and restricted his ability to travel within the state. Bailey said his lawsuit reflected on the frustration his constituents are facing with travel restrictions, loss of jobs and businesses shut down for weeks. He filed the lawsuit because he was frustrated by many lawmakers’ indifference to Pritzker’s actions that violate state law and rights guaranteed by the Constitution.
Pritzker said his efforts boil down to “a matter of life or death” in Illinois. He said Bailey’s lawsuit was irresponsible and “an insult to all Illinoisans who have been lost during this COVID-19 crisis.”
(This article was written by Herb Meeker, Effingham County Board Public Information Officer.)
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