Lawyer sues Pritzker, claiming disaster proclamation invalid in Bond, Clinton counties
An attorney who has sued Gov. J.B. Pritzker multiple times since the coronavirus pandemic began now contends in court that the governor’s disaster proclamations are not valid for all 102 Illinois counties.
Greenville attorney Tom DeVore filed lawsuits in Bond, Clinton, Sangamon, Richland and Edgar counties, arguing that the virus is not widespread enough in those counties for them to fall under the proclamation. He filed the one in Bond County on his own behalf. The others were filed on behalf of individual residents in those counties.
The plaintiffs take issue with the state’s interpretation of the definition of “public health emergency,” DeVore said in a phone interview.
In Pritzker’s June 26 executive order — which re-issued previous statewide disaster proclamations — the state said a public health emergency existed because of the statewide spread of the novel coronavirus, the number of deaths related to the virus, the “extensive” economic loss of individuals and businesses statewide and the burden the pandemic has placed on health care providers and first responders.
The plaintiffs argue that Pritzker’s authority to issue the proclamation comes from the Illinois Emergency Management Agency Act, which defines public health emergency as the threat of illness that brings a high probability of a large number of deaths, long-term disabilities or widespread exposure.
DeVore said the cases and deaths in the five counties where his clients are based do not amount to those requirements.
“If you look at the statistical data and you compare it to definition of public health emergency in the law, you have to ask, ‘Does it match the law in all 102 counties?’ and I don’t think you can get there,” DeVore said.
In the Clinton County lawsuit, filed on behalf of Hidden Lake Winery owners Steve and Angela Gorazd of Aviston, DeVore cites statistics as of July 22 as provided by the Illinois Department of Public Health. They show that 5.311% of residents have been tested, .736% have tested positive and .045% have died, the lawsuit states.
“The language in the act talks about ‘widespread’ compared to population, and whether or not it’s widespread is a determination a court has to make,” DeVore said.
Hidden Lake Winery was mentioned by the Illinois Department of Public Health in a July 20 press release addressing concerns the state had regarding a swell of COVID-19 cases and deaths in the metro-east since reopening. The release said the winery was “reported to have hosted several large events, contrary to public health guidance.”
Owner Steve Gorazd told the Belleville News-Democrat on Wednesday that the governor’s mandate limiting more than 50 people at a gathering was nullified by a recent ruling by Clay County Circuit Court Judge Michael McHaney. That case was brought by state Rep. Darren Bailey of Xenia.
McHaney’s ruling invalidated the governor’s COVID-19 executive orders. But Pritzker’s office and plaintiffs in the case disagree on whether the ruling affects only Clay County or applies statewide, Capitol News Illinois reported last week.
DeVore said that he has been considering bringing the lawsuits regarding the disaster proclamations for a few weeks. When Pritzker mentioned possibly bringing back statewide restrictions on businesses if the spread of the virus worsened, DeVore said he had to act.
“The law requires us to take a look at a county-by-county basis,” DeVore said. “I have people of these counties coming to me asking, why they have to be locked down, why businesses and schools are not open when they look around and don’t see a public health emergency.”
Regarding future lawsuits concerning the same definition, DeVore said, “We’re at five (counties) now, I’ll do 40 or 50 if I have to.”
Many of DeVore’s other lawsuits against the state on behalf of business owners are pending. Recently, he also sued the Illinois High School Association over a face-covering mandate on behalf of students, including his two sons.
This story was originally published July 23, 2020 at 9:32 PM.
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