Illinois Gov. JB Pritzker and Chicago Mayor Lori Lightfoot have selectively enforced their COVID-19 restrictions, particularly targeting those “who do not have any political or economic power that either Pritzker and Lightfoot covet,” making those orders illegal under Illinois’ state law and its state constitution, according to a new lawsuit.
Late last month, talk radio host William J. Kelly, and three other Chicago residents, including one other business owner, filed suit in Cook County Circuit Court.
The complaint asks the court to rule Pritzker and Lightfoot overstepped the bounds of their authority in issuing a host of executive orders intended to combat the spread of the novel coronavirus that causes COVID-19.
All of the plaintiffs said they had suffered deep economic harm as a result of the governor’s and mayor’s COVID-19-related orders.
Plaintiff David Sheldon said he was forced to close his business, and did not know if it could ever reopen. The complaint does not state the identity of Sheldon’s business.
Plaintiffs Omar Garza and Kathleen Hanus said they had either lost jobs or had their work hours cut so steeply, they could not afford any longer to pay their bills, including home mortgage payments, utility bills and property taxes. They also blamed the COVID-19 orders for their economic woes.
The lawsuit arrived just days before a southern Illinois judge would rule Pritzker had exceeded his powers under state law in extending his so-called stay at home order in May, as well as other executive orders he issued under emergency powers he claimed under the state law known as the Illinois Emergency Management Agency Act. Under those orders, the governor divided the state’s businesses, other organizations and activities into “essential” and “non-essential” categories, and largely shut down those he deemed non-essential.
Pritzker also has consistently stood by orders limiting the size of gatherings to no more than 10 people throughout the spring.
All of those orders have since been eased under Pritzker’s so-called “Reopen Illinois” plan, a five-phase schedule Pritzker said is designed to move the state safely back to fully reopened, without exacerbating the COVID-19 pandemic.
Last week, however, Clay County Circuit Judge Michael McHaney ruled Pritzker’s powers under the IEMA Act should have ended in early April, 30 days after he first declared a statewide disaster over the arrival of the COVID-19 pandemic. After that date, Pritzker needed to obtain approval from the Illinois General Assembly to continue wielding his emergency powers.
The full legal impact of the judge’s ruling remains unclear, as the governor’s administration has declared it will not change anything in its approach. Pritzker also has yet to appeal the ruling, though his administration has said an appeal is forthcoming.
In the meantime, Pritzker continues to face a litany of legal actions challenging his legal authority in various courts in Illinois. Among the latest are lawsuits asserting Pritzker’s shutdown orders amounted to illegal seizures of property without compensation, and demanding the state repay business owners whose businesses were forced to close and may never reopen.
In the newest lawsuit, led by Kelly, host of the Citizen Kelly radio show, the plaintiffs are suing both Pritzker and Lightfoot. They also assert the governor and mayor exceeded their legal authority in continuing to issue COVID-19 emergency orders after their authority had expired under state law.
However, Kelly and his co-plaintiffs specifically accused the governor and mayor of improperly shutting down Chicago’s parks and lakefront, and prohibiting most large gatherings. They assert, however, this prohibition did not extend to large anti-racism demonstrations organized by Black Lives Matter in June.
The complaint noted Lightfoot, particularly, threatened to arrest, ticket and jail anyone who defied the state and city gathering restrictions, and even dispatched the Chicago Police to break up parties and anti-lockdown protests in Chicago.
However, the mayor sent encouraging messages and opened Grant Park to the tens of thousands of protesters that marched with regularity throughout early and mid-June in Chicago.
“When faced with protesters, and the assembly of people she agreed with, or people whose political support she desired, Lightfoot did not disburse or interfere with their violations of each and every of the restrictions on the rights and liberties of citizens which (she) had deemed to be life and death matters just the day before,” the complaint said.
“… These BLM protesters violated Chicago and Illinois COVID-19 restrictions limiting gathering size to 10 individuals, failed to wear masks or follow 6 ft social distancing, creating what Lightfoot and Pritzker had deemed an unacceptable health risk necessitating the severest restrictions on individual rights and liberties in living memory, if not in the history of the State of Illinois.”
The complaint argues enforcement of the COVID-19 restrictions has been “selective,” “arbitrary” and unequal, and stands as a violation of the Illinois state constitution and state law.
The complaint seeks a court order declaring orders from Pritzker and Lightfoot related to COVID-19 illegal and void. The lawsuit asks that the court also block implementation of any of Pritzker’s or Lightfoot’s “reopening” plans.
Plaintiffs are represented in the action by attorney Laura Grochocki, of Chicago.