After a bi-partisan vote by the Madison County Board of Health was made May 12 to begin a four-phased re-opening plan, State’s Attorney Tom Gibbons explains what options businesses have and risks they should be aware of.
Gibbons said the Board of Health wants to help local businesses by providing them the opportunity to safely re-open if they choose to do so.
“Everybody is trying to make the best out of a situation that none of us have ever been in before,” he said.
The resolution passed with a vote of 26-2. Board members Michael “Doc” Holliday Sr. (D) and Victor Valentine Jr. (D) voted against the resolution.
The vast majority of board members supported efforts to begin a phased reopening plan, noting that a majority of their constituents want to re-open and work toward mending the county’s economy.
The original resolution was put before the Board of Health – which consists of members of the Madison County Board – on May 8, but a vote was tabled so board members and Gibbons had more time to review and conduct research.
In response, a seven-member panel was put together and met twice online with Gibbons. They were tasked with forming an amended resolution. The panel included David Michael (R), Ray Wesley (R), Erica Harriss (R), Chrissy Dutton (R), Chris Hankins (D), Matt King (D) and Gussie Glasper (D).
Gibbons said the panel spent “hours and hours” putting together a bi-partisan, unpolitical plan to re-open Madison County with everyone’s best interests in mind.
Board Chairman Kurt Prenzler commended their efforts.
“In my opinion, this was a good-faith, bi-partisan effort to form a plan to re-open Madison County in a way that balances a)public health, b) our constitutional rights, and c) our economy and jobs,” Prenzler stated prior to the May 12 vote.
The move to re-open does come with some risks businesses should consider and prepare for.
“The biggest two areas of concern have to do with state licensure and insurance coverage,” Gibbons said.
“The resolution doesn’t have any effect of law so it doesn’t provide any shield or protection for businesses,” he added.
In other words, re-opening is a choice businesses are able to make for themselves and is not mandated. Because businesses are not required to re-open, they are not protected from liability or potential insurance coverage issues. Additionally, re-opening in defiance of Gov. J.B. Pritzker’s executive orders could present problems with maintaining or renewing state-issued licenses.
Gibbons said business owners should consult with their legal counsel and insurance providers “to see what they need to do to operate within the boundaries of their policies so they don’t lose their coverage.”
As for state licensure, Gibbons said businesses should “proceed with caution.”
He said “there have certainly been noises coming from up north” that business owners who choose to open in violation of the governor’s executive order will lost licensing or state funding.
He added that it can be difficult to get various state-issued licenses, and business owners don’t want to risk losing them.
“They’re really caught between a rock and a hard place,” he said.
Gibbons said re-opening safely can be done. Many businesses have remained open and are operating safely
“Determine what are your risks and with all of that information, you can make a determination of whether you as a business can open safely,” Gibbons said.
Gibbons said he hopes re-opening risks are minimized by efforts to get Pritzker on board with the plan.
He explained that Senator Rachelle Aud Crowe delivered the guidelines to Pritzker’s office, asking him to accelerate Madison County’s plan. They are hoping to get an agreement from the governor that he will not “take enforcement on our local businesses.”
If Pritzker does agree to Madison County’s plan, Gibbons said businesses would not have any licensure or insurance risks.
“That would be true relief for them and take them out of that tough spot,” he said.
Before the resolution was approved, board member Mike Parkinson urged the county to instead pursue a lawsuit against Pritzker.
“I want our businesses to get back open, and I still say the best possible way for us to do that is through a lawsuit against the government for imposing what we see is unlawful sanctions against our businesses and our freedoms. And I implore this committee (for) real meaningful legislation. To come forward with a lawsuit and get an injunction against the government to stop them from doing this so we can really get our people back to work.”
He said that by reopening without first filing a lawsuit, businesses face liabilities and possible retribution.
Gibbons said a lawsuit is still an option on the table, but his office doesn’t want to spend extra money, time and energy fighting a legal battle if the issue can be handled through cooperation with Pritzker.
“We don’t want to walk down that road,” he said. “That’s why we are trying to use an engaged process … to move this forward in a positive way. But we’re not ruling that out as well.”
The plan to re-open Madison County specifically addresses private businesses and does not discuss public offices. Gibbons said public offices will be handled on a “case-by-case basis” with decisions on how to move forward being made by the appropriate officials for each.
Using the State’s Attorney’s Office as an example, he said attorneys have been rotating shifts remotely and physically at the county building. He said much of their work can be done remotely, and he doesn’t want to expose anyone to unnecessary increased risk.
He said the volume of cases has been down, because potential criminals have also been in quarantine. As the volume of cases increases, his office will respond accordingly.
“There’s going to be a flood of cases once things start to open back up,” Gibbons said.