New Madison County state’s attorney won’t prosecute violations of COVID restrictions
Madison County’s new state’s attorney has announced that he won’t prosecute violations of state COVID-19 restrictions, arguing that they’re not “criminally enforceable.”
State’s Attorney Tom Haine released a two-page legal opinion on Thursday that analyzed the “enforceability” of executive orders issued by Gov. J.B. Pritzker and an emergency rule from the Illinois Department of Public Health related to the coronavirus, which was declared a pandemic in March.
“Since taking office earlier this month as Madison County state’s attorney, I have directed a close review of all the various legal issues regarding the various applicable COVID-19 mandates,” Haine stated in a news release.
“I am now making these legal opinions public to provide a clear reference point for both public officials and private citizens relating to COVID-19 enforcement in Madison County, and to alleviate the concerns of many individuals who rightly feel an obligation to follow the law but are confused as to what the law actually is regarding the many COVID-19 mitigation protocols issued over the past months.”
The legal opinion concluded that people who violate the governor’s executive orders or IDPH emergency rule are not committing crimes.
“These mandates do not contain a legal basis for prosecution against an individual citizen,” Haine stated in the news release. “Accordingly, my office is neither able nor willing to file criminal charges against anyone suspected of violating these directives from the state of Illinois.”
State COVID-19 restrictions range from bans on indoor dining in restaurants to occupancy limits in retail stores.
Haine is a Republican who replaced former Madison County State’s Attorney Tom Gibbons on Dec. 1. Gibbons, a Democrat, left office to run for Madison County circuit judge but lost that bid in the Nov. 3 election. Haine defeated Crystal Uhe, Gibbons’ former first assistant state’s attorney.
On Friday, Madison County Democratic Party Chair Randy Harris described Haine’s statement Thursday as a political ploy to make people think he’s keeping them from being charged as “criminals” or thrown in jail for violating COVID restrictions when violations are actually misdemeanor offenses with fines.
“He’s trying to score political points with those who think that this is a fake virus or who are upset about the mandates,” Harris said.
In an interview Friday, Haine countered that misdemeanor tickets are “criminal citations” that police issue in response to people breaking laws and that executive orders aren’t laws.
Harris said the practical effect of Haine’s statement is that people will think it’s OK to violate COVID-19 restrictions, costing lives and causing delays in reaching everyone’s goal of slowing the spread of the coronavirus so people can get back to work and bars and restaurants can reopen.
“(Haine) is playing politics when he should be being a leader out there, telling people, ‘Wear your masks, stay home, don’t spread the virus around,’” Harris said.
A recent News-Democrat examination of how metro-east counties enforce state COVID-19 restrictions found that it largely depends on the political party in charge, with Democrats being more and Republicans being less stringent. That is a phenomenon seen on the national level as well.
Haine’s legal opinion went on to analyze other rules and considerations related to COVID-19 and provide guidance to businesses on how to navigate customers’ individual rights while requiring basic COVID-19 precautions, according to the news release.
“While my office cannot charge any individual with a crime for not following these COVID-19-related state directives, we can prosecute individuals for trespass or disorderly conduct if someone refuses to leave an establishment after being asked by the business owner,” Haine stated in the news release.
“Just as individual citizens have rights, businesses also have rights which will be protected. Businesses must be given discretion on how and when to operate in accordance with applicable guidelines and subject to their own risk management.”
Haine said Friday that a case involving a ticket that Illinois State Police issued to Fast Eddie’s Bon Air in Alton in October for not complying with COVID-19 restrictions was dismissed in Madison County the day before he took office, and that a similar case from Alton was dismissed this month.
In Thursday’s news release, Haine acknowledged that the Madison County Health Department may seek a court order requiring isolation or quarantine or a business to close, based on a COVID outbreak or infection, which his office will handle on a case-by-case basis.
The legal opinion also stated that businesses or organizations operating in a manner inconsistent with state COVID-19 restrictions may risk civil liability, loss of insurance coverage or business licensure penalties.
“(They) should seek legal counsel prior to taking any actions related to these issues,” it read.
The state’s attorney’s office has no involvement or authority to prosecute anyone suspected of violating Edwardsville’s mask mandate, according to the legal opinion.
On Dec. 1, Edwardsville City Council passed an ordinance that requires people to wear face coverings in public, with a few exceptions, to slow the spread of the coronavirus. It gives Edwardsville Police Department authority to issue tickets with fines ranging from $25 to $500.
“In exercising the discretion of my office, we will protect the rights of individuals and businesses,” Haine stated in the news release. “Our Constitutional rights are not suspended during a pandemic.”
This story was originally published December 17, 2020 at 4:23 PM.
