County encourages reopening despite Illinois rules. Edwardsville businesses take a pass.
Edwardsville operated Wednesday in much the same way it operated Tuesday, before the Madison County Board of Health adopted a resolution that encouraged “nonessential” businesses to reopen in defiance of state orders related to COVID-19.
Few in the county seat embraced the opportunity. Either the owners didn’t know about the resolution, didn’t believe it was the right thing to do or didn’t want to risk losing state licenses or getting into other legal trouble.
“We’re going to follow the state guidelines, just because it’s easier, and we already understand them,” said Ryan O’Day, owner of Wang Gang Asian Eats. “What’s another 15 days? Better to be safe than sorry.”
Statistical benchmarks outlined last week in Illinois Gov. J.B. Pritzker’s five-phase plan to restart the state’s economy currently have southwest Illinois on track for a partial reopening on May 29.
Wang Gang’s dining room has been closed since March 17, when the governor prohibited eat-in services to slow the spread of the coronavirus, which causes the respiratory disease COVID-19. The restaurant will continue offering curbside pickup, delivery and carryouts.
The owners of 222 Artisan Bakery & Cafe are taking the same approach.
“The majority of businesses are going to continue following the state of Illinois recommendations,” said barista Josh Lawson. “We take the health of our employees and the public seriously. If anyone here were to get sick, we would have to close, and that won’t save the business.”
Beyond restaurants, nonessential businesses range from hair and nail salons to tobacco and vaping shops, fitness centers and dance studios, theaters and bowling alleys and clothing and shoe stores. The vast majority in Edwardsville remain closed.
Pritzker and Prenzler at odds
Pritzker’s stay-at-home executive order took effect March 21, closing nonessential businesses and asking people to stay home as much as possible. It was later extended through May 30.
On May 5, Pritzker announced his five-phase plan to restart the economy, but its flexible timeline depends on factors such as number of new COVID-19 cases, hospital admissions and availability of testing, medical equipment and contact tracing.
Many members of the Madison County Board, which doubles as the Board of Health, and its chairman, Republican Kurt Prenzler, thought the Democratic governor’s plan was too slow. They drew up a “Resolution to Recommend Guidelines for the Responsible Reopening of Madison County.”
“We resolve that the time has come to responsibly reopen Madison County to the free activities of free citizens pursuant to oversight by the locally elected, constituted and accountable Board of Health,” it stated.
The resolution recommends a four-phase plan, including the immediate reopening of restaurants, retail stores and fitness centers at 25% capacity; churches at 50% capacity; hair and nail salons by appointment only; and child-care facilities with strong sanitation requirements.
The 26-2 bipartisan vote late Tuesday afternoon included 15 Republicans and 11 Democrats in favor, two Democrats opposed and one Democrat not voting. Hours before, Pritzker warned that counties defying his orders could lose state and federal funding.
Madison County State’s Attorney Tom Gibbons told Board of Health members the resolution was not enforceable and didn’t override the governor’s executive authority. He advised local business owners to check with their attorneys before changing course.
“This is, as it’s titled, a set of recommended guidelines for reopening,” Gibbons said.
Prenzler disagreed with the state’s attorney in a BND interview on Wednesday, arguing the resolution is legally binding. Gibbons then agreed to disagree by saying, “That’s just not within (the Board of Health’s) statutory abilities, but he is certainly entitled to his opinion.”
Fear of losing state licenses
Daryel Buesking, owner of Daryel’s Hair Care in Edwardsville, saw the county resolution largely as a political tool that the Board of Health was using to pressure Pritzker into loosening coronavirus-related restrictions, a goal he understands and supports.
Buesking thinks the governor has overstepped his authority by keeping small business owners from making a living for two months, particularly those not in high-risk groups.
“There are people out there who are losing their homes,” he said. “They’re unable to feed their kids. They’re unable to do a lot of things. I think the cure is worse than the disease.”
But Buesking doesn’t plan to reopen his hair salon and barbershop until Pritzker gives the OK because he doesn’t believe the resolution provides legal protections to keep him from losing his state operating license or facing other penalties.
Buesking received an estimated 25 calls on Tuesday night and Wednesday morning from customers who had heard about the Board of Health resolution. Many complained that their hair looked awful after two months of neglect, and he commiserated with them, noting his hair hasn’t been cut, either.
The bad hair days are likely to get worse. Most salons in Edwardsville are staying closed, according to their Facebook posts.
“We know the county has said we can open,” the owner of Hair Co. 2 stated. “Because this is against the state mandate we will not be open. We risk losing our state license. As well as insurance ramifications. Please be patient. We are anxious to get back to work also but the risk at this time is too big.”
Nail salon opens by appointment
Most nail salons in Edwardsville also remained closed on Wednesday, but Nailhaus opened for business, offering manicures and pedicures by appointment only.
No more than 10 people were allowed inside at a time, according to nail technician Tina Vo. By early afternoon, all appointment times were booked for the day.
“I’m so happy,” Vo said. “It’s boring to stay at home for a long time.”
Old Navy, Shoe Carnival, Ashley Home Furniture, Books-A-Million and other chain retail stores deemed nonessential were closed to indoor shopping on Wednesday, as well as independently owned stores such as Swing City Music, which has locations in Edwardsville and Collinsville.
Swing City is offering Zoom music lessons, filling online orders, making local deliveries and doing audio and video installations. It’s not reopening for indoor shopping yet.
“We made the decision that we’re going to follow the state,” said co-owner Art Risavy, who’s also an Edwardsville alderman. “I understand that Madison County voted overwhelmingly to open businesses, but there’s just so many things that could potentially happen.
“We just feel like it’s safer to wait it out, even though we definitely want to be open at both our locations as soon as possible.”
Lauren Votava, owner of Revival Boutique & Gifts in Edwardsville, also plans to remain closed to indoor shopping. She feels it’s “too risky” from both a legal and health standpoint to open while Pritzker’s stay-at-home order is still in effect.
Votava will continue to fill online orders for her clothing, jewelry and gifts.
“I’m definitely weighing my options,” she said. “Up until the end of May, I’m going to stay closed. Come June, I’ll reconsider. It definitely is a tough time and a tough decision.”
This story was originally published May 14, 2020 at 1:33 PM.
