Businesses that violate Illinois’ coronavirus order now won’t face misdemeanor charge
Gov. J.B. Pritzker steered Illinois toward the mainstream of national reopening trends Wednesday after weeks of complaints from Republicans and business owners.
He withdrew a controversial rule that would have made it a crime for businesses to reopen before pandemic guidelines allow and announced loosened rules for restaurants and bars as the state moves into the third phase of his economic reboot on May 29.
Illinois is one of just a few states with encompassing stay-at-home rules still in place, while most have reopened entirely or regionally.
Public health officials announced 2,388 new cases of coronavirus statewide Wednesday, including 147 additional deaths for a total of 100,418 cases since the pandemic began and 4,525 deaths.
But each region of the state has so far met targets for reduction in hospitalization and infection rates required to move from phase two to three in the Restore Illinois plan.
The governor’s first compromise was on emergency rules his office filed last week. The directives say violators could be charged with a Class A misdemeanor if they open before the state’s timeline allows. The offense comes with a fine of up to $2,500.
Pritzker’s attorney argues the emergency rule does not come with jail time because it applies a fine to businesses, not individuals, WTTW-TV reported.
Regardless, the governor’s office decided Wednesday to repeal the rule, public health officials said at a committee meeting in Springfield. The directive was based on existing Department of Public Health quarantine law, which is punishable by the fine, up to a year in jail or both.
The governor’s decision came as restaurants and other businesses threatened to reopen despite restrictions meant to slow the spread of COVID-19. Salons, barbershops and nonessential retail are slated to open by May 29, but restaurants and bars won’t be able to fully reopen until late June at the earliest.
The governor defended the rule at his daily news briefing in Chicago Monday, saying it was less severe than revoking a business license or issuing an order to close.
Republicans announced plans to challenge the governor’s rule this week during the General Assembly’s special session. State Sen. Paul Schimpf, R-Waterloo, said the governor’s decision to withdraw the rule was a victory.
“I am hopeful that this will help send a message that all jobs are essential and people shouldn’t be punished for simply trying to earn a living,” Schimpf said.
Schimpf is a member of the Joint Committee on Administrative Rules, a bipartisan oversight committee that planned to discuss challenging the governor’s rule. It was scheduled to meet Wednesday morning, but the session was delayed several hours as “negotiations and deliberations took place,” Schimpf said.
“By the time the panel met, the governor’s office had agreed to repeal the emergency rule proposal,” he added.
Republicans statewide expressed their ire over Pritzker’s rule, which they said represented an overreach of power because it would punish business owners struggling to maintain their livelihoods.
State Sen. Jason Plummer, R-Edwardsville, credited Illinoisans with forcing the change.
“Thank you to each-and-every Illinoisans who wrote letters, sent emails and made phone calls in opposition to the governor’s complete abuse of power. Your efforts are what put a stop to a blatant overreach of authority,” Plummer said.
Pritzker said the emergency rule would have only lasted until May 29, and then he would issue another. Emergency rules can only stay in effect for 150 days and the committee can overturn them, Capitol News Illinois reported.
The governor said he supported legislation sponsored by Bill Cunningham, D-Chicago, that would provide police with a similar tool to issue a misdemeanor citation, “as opposed to emergency rules which would be redrawn and rewritten” for each phase.
New restaurant, park guidelines
The governor also announced Wednesday that restaurants will be allowed to reopen dine-in service outdoors on May 29. Indoor dining will remain barred until late June.
It will be safe to dine outside “with the right restrictions, away from sidewalks, masks and distancing,” Pritzker said.
State parks will be allowed to reopen as well, the governor said. Gyms, tennis courts and golf courses will also be able to operate under eased restrictions at the end of May.
Golf courses will allow foursomes on single tee-times. Carts will be limited to one person unless they are members of a shared household. Indoor and outdoor tennis clubs will be allowed to reopen, and gyms can offer one-on-one training and outdoor classes of 10 or fewer.
But the governor reminded Illinoisans to take coronavirus seriously.
“The virus has not gone away,” Pritkzer said. “We must persevere.”
This story was originally published May 20, 2020 at 1:46 PM.
