Lawmaker behind Illinois stay-at-home order lawsuit will obey coronavirus rules again
A state representative who successfully sued to win exemption from Gov. J.B. Pritzker’s statewide stay-at-home orders said Friday he will voluntarily begin following the rules again, but only so he can revise his lawsuit with “new information.”
Darren Bailey, R-Xenia, won a temporary restraining order Monday from a Clay County Circuit Court judge allowing him to disregard the pandemic rules. The state attorney general’s office said it would take the matter to the Illinois Supreme Court.
But Bailey said that because of the new finding, he wants to reset the case by having the restraining order vacated and the suit remain in Clay County.
The new finding refers to the Illinois Department of Public Health and governor’s guidance on enforcing stay-at-home orders, Capitol News Illinois reported.
State statute says the department can impose an immediate quarantine on entire areas or businesses, though they must obtain a court order or permission from those affected within two days.
Bailey’s attorney, Tom DeVore, said the state must follow those rules if they want to enforce state-at-home orders. But the governor’s order does not mention either “quarantine” or “isolation,” and residents are still allowed to go to leave their homes for essential errands and exercise, Capitol News Illinois reported.
Bailey said his decision was not influenced by the attorney general’s request that the state supreme court take up the case. But the representative’s tactic is more likely “a face-saving measure,” said Scott Szala, a longtime Chicago attorney.
“He wants to go back to the trial court because he thinks he has an advantage there,” Szala said.
If the state supreme court ruled against Bailey, it could affect a similar lawsuit filed in Winnebago County, Szala said.
Bailey’s attorney, DeVore, also represents the plaintiff in the Winnebago case, state Rep. John Cabello. Unlike Bailey’s case, Cabello wants stay-at-home orders to be lifted for all Illinoisans.
“The attorney general’s office set forth a well-written argument,” Szala said. “If you’re Bailey, you might say, ‘Wow, that looks rather substantial,’ and, ‘Am I going to lose before the supreme court? Am I going to affect the Winnebago case?’”
A spokeswoman for the attorney general’s office declined to comment outside of saying the office is “reviewing the filing.”
Clay County Circuit Court Judge Michael McHaney ruled in favor of the southern Illinois lawmaker on Monday, agreeing with Bailey that the governor does not have the authority to extend an executive order beyond 30 days.
The judge’s ruling only released Bailey from stay-at-home restrictions, though he now plans to adhere to those rules again.
This story was originally published May 1, 2020 at 12:38 PM.
