Illinois Governor J.B. Pritzker can’t extend coronavirus stay-at-home order, judge rules
A judge on Monday ruled in favor of a southern Illinois lawmaker who sued Gov. J.B. Pritzker for extending an executive order telling residents to stay at home to prevent the spread of coronavirus.
State Rep. Darren Bailey, R-Xenia, alleged Pritzker does not have the authority to extend an executive order beyond 30 days, according to the lawsuit filed in Clay County Circuit Court.
Pritzker said the attorney general plans to appeal Judge Michael McHaney’s ruling in the lawsuit, which was filed Thursday. The ruling only releases Bailey from stay-at-home restrictions, though other residents could join the lawsuit or file suit separately, according to WCIA in Champaign.
“I filed this lawsuit on behalf of myself and my constituents who are ready to go back to work and resume a normal life,” Bailey wrote in a statement.
The governor’s order should have expired April 8 because state law does not allow him to repeatedly extend a 30-day disaster proclamation, Bailey’s attorney Thomas Devore argued.
“Pritzker seemingly believes he can issue continuing proclamations recognizing the same COVID-19 pandemic as a ‘continuing disaster’ every 30 days whereby he can continually invoke the emergency powers of the Illinois Emergency Management Act into perpetuity,” DeVore wrote in a court filing.
Pritzker said the state attorney general’s office “handles these kinds of lawsuits and their people are on site” to push an appeal. The governor said Bailey has put the state in “danger” by risking reopening businesses too quickly and too soon.
“People are in danger as a result of this ruling,” Pritzker said. “We certainly are going to work in a swift fashion to have this ruling overturned. ... It’s insulting, it’s dangerous. People’s safety and health have now been put at risk. There may be people who contract coronavirus because of what Darren Bailey has done.”
Bailey said his decision to sue Pritzker is not political, while the governor has accused the Republican of playing pandemic politics.
Illinois has 1,980 new COVID-19 cases and 50 additional deaths, health officials announced Monday.
The announcement by the Illinois Department of Public Health brings the statewide total of coronavirus cases to 45,883 and the total number of deaths to 1,983.
Capitol News Illinois contributed to this report.
This story was originally published April 27, 2020 at 3:59 PM.
