Here’s Madison County’s legal opinion on not enforcing Gov. Pritzker’s masking mandate
Madison County State’s Attorney Tom Haine said Friday the county is not “willing or able” to file criminal charges to enforce Gov. J.B. Pritzker’s recent mask mandate.
Read a statement from his office and his legal opinion on the mandate below.
County won’t enforce mandate
On Friday, Madison County State’s Attorney Tom Haine released the following statement regarding Governor Pritzker’s new executive order:
“This new executive order relies on the same legal foundation as the Governor’s previous executive orders relating to COVID-19,” Haine said. “It remains my legal opinion that such orders are not criminally enforceable. My office is neither able nor willing to file criminal charges against anyone suspected of violating these orders. For further information, please review my legal opinion from December 2020.”
Haine also reiterated his previous guidance to businesses and individuals regarding a business’s right to require COVID-19 precautions.
“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 said. “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.”