A second extension of Gov. J.B. Pritzker’s stay-at-home order has been blocked by a Clay County judge.
That extension was set to go into effect on May 1, but Clay County Judge Michael McHaney granted a temporary restraining order after Rep. Darren Bailey (R-Xenia) filed a lawsuit claiming that Pritzker had not only exceeded his authority, but had also violated the civil rights of Illinois residents.
“My lawsuit asks the court to find that Gov. Pritzker overextended his power by issuing additional ‘stay at home’ orders after his original disaster proclamation, which expired on April 9th, 2020,” said Rep. Bailey in a statement. “Enough is enough! I filed this lawsuit on behalf of myself and my constituents who are ready to go back to work and resume a normal life.”
The latest order, the one on hold, had allowed some outdoor activities, and surgeries and medical treatments that had been restricted previously. Pritzker's new order allows retailers to open to fill online orders or curbside pickup orders. It will require face coverings and masks for those older than two years if the six-foot social distancing recommendation cannot be maintained, indoors or out. Pritzker told ABC7 on April 24 that business owners were allowed to tell people they would not be served without a face mask.
“Just like with everything else, you’re not allowed to go into a restaurant without wearing shoes,” said Pritzker. “So, it’s perfectly acceptable to tell people that you’re not allowed in if you’re not wearing a face mask.”
Pending appeal, Judge McHaney’s ruling allows cities to disregard the stay-at-home order and reopen businesses, according to Mystateline.com. The current order remains in place. Pritzker said today that the state’s attorney general is working to have the ruling overturned.
"Representative Bailey’s decision to go to the courts is an insult to all Illinoisans who have been lost during this COVID-19 crisis. It’s a danger to millions of people who might get ill because of his recklessness," said Pritzker. "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."
As of 2:30 p.m. local time today, there had been 45,883 positive coronavirus tests and 1,983 deaths in Illinois. There have been 227,628 tests performed, according to the state’s coronavirus response website. On April 24, the state processed more than 16,000 coronavirus tests.
Since the coronavirus outbreak, Gov. Pritzker has ordered schools closed beginning March 17 and via executive order suspended onsite learning to shift to remote learning. The order also allowed individuals to leave their homes to work at an essential business and obtain foods or medications. Also by executive order, Pritzker required health insurers to cover telehealth services and to reimburse providers at the same rate for telehealth as in-person medical visits.
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