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Sunday, November 24, 2024

Pritzker invoking power during COVID-19 crisis not provided under the law, watchdog says

Kirkallen ecw

Kirk Allen of ECW

Kirk Allen of ECW

Democratic Governor J.B. Pritzker has “usurped the power” of state and local health departments by ordering people to remain at home and businesses to close during the fight against coronavirus, according to an area government watchdog group.

“The power to quarantine, isolate or order a business to close lies with the Illinois Department of Public Health (IDPH) not with the governor,” Kirk Allen, Edgar County Watchdogs (ECW) co-founder told Prairie State Wire.

In a story posted on its website, Illinois Leaks, ECW presented its arguments against the governor’s initial March 20 emergency order (EO), and subsequent order extensions: the Illinois Administrative Code presents a “very clear direction” as to where authority lies in the pandemic battle, and Pritzker is not following that direction.


Coronavirus | Adobe Stock

Some state officials are citing the same arguments in defying the governor’s recent extension of the EO until the end of May, one that now includes wearing masks in public as recommended by the CDC.

Yesterday, the Journal Star ran a story, stemming from an ECW post, that Woodford County State’s Attorney Greg Minger will not prosecute those violating the governor’s extended order.  

Minger’s stance, which includes allowing businesses and churches to reopen, was outlined in a letter to the sheriff’s office chief deputy.

And yesterday, Douglas County Sheriff Joshua Blackwell told SW Illinois News that the IDPH is the overarching administrative power during the pandemic.

“Should the Health Department observe violations of the Executive Order’s they would be well within their right to petition the court for relief,” Blackwell said in an email. “Further, if the court were to grant relief, the Sheriff’s Office may be called to enforce such order. As an officer of the court, I would enforce any order issued by the court.”

Last week, State Rep. Darren Bailey (R-Xenia) filed a lawsuit arguing Pritzker exceeded his authority by extending his emergency powers beyond the 30-day limit permitted in the emergency management act.  

On Monday, Clay County Circuit Judge Michael McHaney agreed and issued a temporary restraining order that blocks the governor’s EO from applying to Bailey.

A ruling in a similar lawsuit filed just yesterday by state Rep. John Cabello (R-Machesney Park) in Winnebago County could potentially cover everyone in the state.

Cabello told the Sun-Times that he won’t seek a temporary restraining order as long as he sees an effort begin to put the General Assembly back to work.

“The governor said that this is a political stunt — it’s partisan politics,” Cabello said. “And I’m trying to show him that no, sir, this is not.”

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