Highland mayor cautions city must follow Illinois Governor JB Pritzker’s orders
While the mayor and council members have gotten strong reactions from the public about the ongoing restrictions of the state stay-in-place order, there are limits to what they can do, according to Mayor Joe Michaelis.
“We as much as anyone want things to go back to normal ... so everyone can get back to work,” Michaelis said at the May 4 city council meeting, which took place via conference call. “But what my opinion is doesn’t matter, it’s what a federal judge said in his ruling.”
Michaelis was referring to a recent U.S. District Court ruling that affirmed Gov. J.B. Pritzker’s extension of the shelter-in-place order was constitutional. Pritzker’s administration has since released a five-stage plan for reopening the state based on each region’s progress against the pandemic.
The mayor and council members have received emails and social media commentary asking “what is the mayor going to do,” Michaelis said.
“There is no authority in Highland that can circumvent what the governor says we can do, whether we agree with it or not,” he said.
Michaelis said he and several city leaders planned to meet with state Rep. Charlie Meier soon about the situation, but that refusing to follow the state’s orders leaves the city open to legal action.
“There are a number of people who don’t realize I don’t have more power than the governor of Illinois,” Michaelis said. “We can’t circumvent those orders ... or we reach a high degree of potential liability.”
City Attorney Mike McGinley confirmed that for any municipality to defy the governor is a “willful disregard” that would open them to costly liability.
Councilman Rick Frey said he also has received complaints a number of businesses are ignoring the order that all employees and customers must wear masks. But Police Chief Chris Conrad said — there are limitations as far as legal action there, as well — there’s no criminal charge for not wearing a mask, but customers are required to abide by the rules of a business.
“Just as a restaurant has the ability to require you to wear a shirt and shoes, they can now require you to wear a mask,” Conrad said.
Mask options for businesses
If a business asks a customer to put on a mask and the customer refuses, the business can ask them to leave. If the customer then refuses to leave, Conrad said it becomes a private-property issue of trespass, and police would then enforce it.
If a business is refusing to follow the mask order and the police department is notified, Conrad said, police can contact the business and explain the order and the business’s potential liability and possible loss of licensing. However, Conrad said, very few complaints have come into the police department, and they have not been required to visit any business more than once to remind them of the new regulations.
Essential, nonessential business info
At the moment, essential businesses permitted to be open include health care, food production and distribution, financial and shipping services, businesses providing supplies for people working at home, hotels and motels, funeral homes, day care providers for essential workers, electricians and plumbers, attorneys and accountants, real estate and insurance workers.
Nonessential businesses still include restaurants and bars except for curbside and delivery; entertainment venues; gyms and yoga studios; public events; craft and boutique stores not carrying essential supplies; bowling alleys; nail salons; clothing stores and other such retail establishments, according to the Highland city website.
Other Highland news
Work is beginning on the Illinois 160 shared-use path to be constructed along the east side of the road from the west entrance of St. Joseph’s Hospital south to the roundabout. Haier Plumbing and Heating of Okawville will install storm sewers and an asphalt path to connect pedestrian traffic from Poplar Street to the north edge of Highland.
This story was originally published May 8, 2020 at 4:15 PM.