After hearing oral arguments in person on Friday, Madison County Circuit Judge Christopher Threlkeld took under advisement a motion to transfer and a motion for a temporary restraining order in a lawsuit seeking declaratory judgment and injunctive relief filed by the Edwardsville/Glen Carbon Chamber of Commerce against Gov. JB Pritzker.
The hearing on the Illinois Attorney General’s motion to transfer and the Chamber’s motion for a TRO was held in a mostly-empty courthouse lined with yellow markers on the floor indicating the six-foot social distancing space people should maintain between themselves and others. There were also three plexiglas barriers around the judge’s bench and audience benches pushed together, providing more space to move around the courtroom at a safe distance.
Friday’s hearing was held over the attorney general’s motion to transfer and the Edwardsville/Glen Carbon Chamber of Commerce’s motion for a temporary restraining order.
Before arguments were heard, Threlkeld addressed the attorney general’s concerns about potential disqualification. He noted that he is not and never has been a member of the local chamber of commerce. He also said he reviewed the list of members and did not see any reason for disqualification.
Attorneys Thomas DeVore and Erik Hyam of Silver Lake Group Ltd. in Greenville were present on behalf of the Edwardsville/Glen Carbon Chamber of Commerce.
Assistant Chief Deputy Attorney General Thomas John Verticchio was present on behalf of Pritzker.
Regarding the motion to transfer, Verticchio argued that the case should be transferred to Sangamon County, “both legally, and frankly, commonsensely,” because that’s where the action “sprang into existence.”
Verticchio said the arguments in the action originated, promulgated, and were issued in Sangamon County, “and perhaps Cook County.”
“Madison County is simply not where anything took place,” he said.
In response, DeVore said he believed Pritzker signed the executive order at the Thompson Center.
“Last I checked, sir, the Thompson Center is in Cook County,” he said.
Verticchio said that with numerous similar suits across the state, it is important that they be litigated in the same jurisdiction to maintain “uniformity of decision.”
“This is a dispute that will touch the whole state,” he said.
“It will do the citizens of this county no good to have decisions varying far and wide,” he added. “It will do them much good to have uniformity.”
Therefore, transfer “makes all the sense in the world,” Verticchio said.
DeVore questioned why Verticchio removed a similar case filed by Rep. Darren Bailey to the U.S. District Court for the Southern District of Illinois rather than seek a transfer “if he is looking for consistency.” DeVore also represents Bailey.
Threlkeld said he understands the uniformity argument, but asked Verticchio to address the Bailey case and why it was removed to federal court. He explained that since the case has been removed, it isn’t even in state court, meaning it doesn’t provide for uniformity in any way.
Verticchio said the Bailey case involves federal law.
“It’s a horse of a different color because of federal constitution issues,” he said.
Threlkeld responded that the case includes pending state law questions.
He asked Verticchio if the federal issues “so overwhelm” the state issues that they are just being “drug along” to federal court, or if the state issues are inconsequential.
Verticchio said that is not the case, but the Edwardsville/Glen Carbon Chamber of Commerce suit purely involves state law.
DeVore responded that the Bailey case is the exact same as the Edwardsville/Glen Carbon Chamber of Commerce’s case. However, he added a paragraph specifying that this case does not involve any questions of federal law so that this case wouldn’t be subjected to removal, which he said was for “purposes of delay” in Bailey’s case.
“Just so it is clear, the Chamber is NOT seeking any relief under the U.S. Constitution or under any federal law,” the referenced section of the suit states.
DeVore also said it was worth noting that a Sangamon County judge denied a temporary restraining order in a similar suit against Pritzker. He argued that the favorable ruling could be a motive for wanting the case transferred.
He added that the Madison County Circuit Court is just as capable as any other court to solve this matter.
Verticchio responded that “in no way have I suggested that this court was less able.”
“That’s not the point,” he said. “That’s not the test.”
Verticchio also argued that transfer is appropriate because the conduct at issue in the case affects every Illinois citizen. He explained that the plaintiff “can readily see, I don’t know how you can’t see it,” the case “touches 102 counties” and doesn’t affect Madison County specifically.
DeVore agreed that the executive orders complained of in the case affect “102 counties and 13 million people,” but said that does not support transfer.
“That’s not an issue for venue, sir, that’s a practical issue,” he said.
He added that the effects of enforcement mechanisms of Pritzker’s orders on Madison County businesses are felt locally.
“The teeth of which that has, that’s a separate conversation,” DeVore said.
Examples of enforcement mechanisms include enforcement by state and local law enforcement as well as licensure issues.
“The effect those businesses would feel would be real,” DeVore said.
Threlkeld asked Verticchio if DeVore is correct that enforcement mechanisms will be most felt locally by the Edwardsville/Glen Carbon Chamber of Commerce.
Verticchio responded that he was surprised to hear DeVore discuss licensure issues because those have so far been in Sangamon and Cook Counties.
In referencing a case out of Lake County, Verticchio said the court concluded that affects being felt locally “isn’t going to cut it” when it comes to establishing venue.
DeVore responded that the Lake County case does not align with the Edwardsville/Glen Carbon Chamber of Commerce’s case because the plaintiff in that case was seeking to do businesses within the jurisdiction whereas the plaintiff in this case already does business within Madison County.
The Edwardsville/Glen Carbon Chamber of Commerce, which has 500 members mostly consisting of private business entities, filed its complaint on May 22. They argue that many of the members “have seen their private business premises forced closed as they were deemed non-essential” by Pritzker’s April 30 executive order.
The lawsuit seeks an order finding Pritzker’s 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,” the suit states.
The suit alleges Pritzker’s powers under state emergency management law expired after 30 days. It also challenges Pritzker’s assertion of authority under Illinois public health law, which indicates that 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 states.
Madison County Circuit Court case number 20-MR-550