A temporary restraining order against Gov. JB Pritzker's plan to extend the statewide stay-at-home order through the end of May could be just the beginning of more constitutional challenges as Illinoisans strive to get back to work, church and eventually to school.
On Monday, Clay County Circuit Judge Michael McHaney ruled against Pritzker in extending further COVID-19 restrictions, at least as it applies to State Rep. Darren Bailey (R-Xenia), whose suit claims the governor has no authority to impose emergency powers beyond 30 days without state legislative action.
The ruling drew a sharp reaction from Pritzker, who pledged to immediately appeal the decision and “have this ruling overturned.” He blasted Bailey and the ruling, calling it "dangerous" and asserting it places millions of Illinoisans at risk from COVID-19.
In his daily briefing on April 28, Ptizker said the TRO applies to "just one person."
"...Because it was only ever about one person," Pritzker said. "This was a cheap political stunt designed so that the representative can see his name in headlines, and unfortunately he has briefly been successful in that most countless of feats as absurd as this charade is, we are taking this matter very seriously."
While Pritzker argues that the Clay County lawsuit only applies to Bailey, the governor may have to fend off others, as at least one other suit is planned, according to reporting by the Center Square. It says that State Rep. John Cabello (R-Machesney Park) has indicated he plans to sue in Winnebago County by also calling the governor’s unilateral orders into question.
Locally, there's at least one government body not taking a sit-back-and-wait approach on re-opening.
In Madison County, chairman Kurt Prenzler has formed a committee of those representing small businesses, churches and medical care to tailor county guidelines for re-opening. He said he wants the county to open in "a safe manner," while being transparent about it.
“We are taking a proactive approach to plan for re-opening Madison County when the time is right,” Prenzler said.
He added, “I want to be clear that these guidelines will be 100 percent consistent with the public health mission of our county health department."
The "opening up" committee is asking small businesses, churches and other organizations to submit one page plans to the county at coboard@co.madison.il.us on how they plan re-open.
Meanwhile, State Rep. Katie Stuart (D-Collinsville) encourages people to remain at home during the governor's mandatory stay at home order, for personal and community safety.
On her Facebook page, Stuart said that increased testing along with contact tracing "are vital to understanding COVID-19 and getting to the point where we can safely open schools and businesses.
"Your team of Metro East legislators has been hard at work helping to facilitate the tracing part of the puzzle between local agencies and test centers. The new guidance from IDPH has broadened the scope of those eligible for testing. If you have symptoms, you can get a test. This will greatly expand testing here in the Metro East and across the rest of the state."
Stuart also was out in the district last week distributing "Stay at Home-Save Lives" yard signs.
State Rep. Monica Bristow (D-Alton) posted a similar message.
"For your safety and that of our community, we should all remain at home during the mandatory ‘stay at home’ order," Bristow states on her Facebook page. "You should only visit friends or family members to provide essential assistance, such as medical care or delivering groceries or other supplies."
Bristow's Republican challenger in the November general election, Amy Elik of Alton, said that a "one-size-fits-all, Chicago-centric" approach is not the right way to handle the coronavirus crisis, "especially when those policies categorize abortion providers as essential business."
"Rather, it's important that the Governor recognize the regional differences in Illinois, and consider reducing social distancing measures in areas less impacted, while having responsible public health measures in place," Elik said. "We must bring the General Assembly back into session with proper safety protocols to determine the best regional, common sense, approach."
State Sen. Jason Plummer (R-Edwardsville) also calls for resuming the spring legislative session.
"By issuing yet another Declaration Disaster and extending his ongoing stay-at-home order, Governor Pritzker has severely overreached his authority," Plummer said in a press release. "Meanwhile, the leaders of both the Senate and the House are allowing this to happen and have stalled the legislative process.
"While we demand essential workers across this state continue to work and confront the realities of this health situation each-and-every day, I firmly believe lawmakers should be held to the same standards. I did not sign up to be a Senator only when it is safe, sunny outside, and times are good. Now, during this crisis, it is more important than ever for us to be working."