EDWARDSVILLE – Hundreds of businesses acting through Edwardsville/Glen Carbon Chamber of Commerce challenged Governor JB Pritzker’s power to shut them down on May 22.
Chamber president Desiree Bennyhoff sued in circuit court for a declaration that Pritzker’s emergency order exceeds his authority.
"After more than two months of many businesses being shut down, a soaring unemployment rate, and economic devastation, the Edwardsville/Glen Carbon Chamber of Commerce decided to take this action on behalf of our small businesses," a statement from the Chamber reads. "It is critical that our job creators have the opportunity to get back to work, re-employ staff, and responsibly welcome customers back through their doors without the fear of state licensure revocation."
Chamber counsel Thomas DeVore of Greenville argues that Pritzker’s powers under state emergency management law expired after 30 days.
The lawsuit seeks an order finding Pritzker’s extension orders null and void.
“The Chamber has a right to insist Pritzker not engage in a fiction designed to circumvent express limitations on his authority imposed by the legislature,” DeVore wrote.
The suit also challenges Pritzker’s assertion of authority under Illinois public health law, arguing that Pritzker doesn’t follow that law either.
DeVore also arepresents state Rep. Darren Bailey in a liberty suit that Pritzker removed from Clay County circuit court to U.S. district court.
Pritzker claims Bailey raised issues under the U.S. Constitution.
DeVore moved to remand the suit to Clay County, stating Bailey raised issues only under state law.
DeVore took the same stand for the Chamber.
“Just so it is clear, the Chamber is not seeking any relief under the U.S. Constitution or under any federal law,” DeVore wrote.
The lawsuit filed on Friday before noon in Madison County Circuit Court did not get file stamped, nor did it get assigned to a judge prior to the start of the holiday weekend. DeVore was critical of its handling and said it should have been heard – even over the weekend – because of its urgency.
According to the lawsuit, under state law the Department of Public Health has supreme authority in matters of quarantine and isolation.
“The department has explicitly delegated its authority to order isolation, quarantine and closure to certified local health departments,” the suit says.
It says that no person or group may be quarantined or isolated and no place made off limits except with owner’s consent or court order.
Further, the department must prove significant danger from a person or group the department reasonably believes to have been exposed and prove that it exhausted all other reasonable means of correction and that no less restrictive alternative exists, the suit says.
The law requires written notice for isolation, quarantine, and closing of businesses.
DeVore wrote that Pritzker expressly threatened license revocation enforcement in daily press briefings, and that the governor’s orders constitute prior restraints that an award of damages cannot fully remedy.
He argues that Pritzker harms the Chamber, with about 500 members, each and every moment the emergency order is in effect.