Saying she does not believe Illinois’ governor is likely to again slap COVID-related limits on gatherings, a federal judge has closed down an attempt by Illinois Republicans to secure a court order forbidding Gov. JB Pritzker from using his COVID emergency powers to shut down political rallies and events in the future.
On Sept. 7, U.S. District Judge Sara L. Ellis dismissed a lawsuit brought by the Illinois Republican Party and three other Chicago area local Republican organizations.
The lawsuit dates back to June 2020, when the Republican organizations filed their challenge to Pritzker’s use of emergency powers under Illinois’ emergency management law to limit political gatherings and other assemblies throughout the state, in the name of fighting the COVID-19 pandemic.
Daniel Suhr
| Liberty Justice Center
Pritzker imposed those restrictions beginning in March 2020, from the earliest days of the arrival of the novel coronavirus in Illinois.
Under Pritzker’s executive orders, gatherings of any kind were limited to more than 10 people at time.
Those orders have since been lifted, as the pandemic had ebbed, and vaccines were developed and deployed to help reduce the severity of the illness and blunt the spread of the virus.
In their lawsuit, Republicans particularly drew attention to Pritzker’s permissive attitude toward certain political gatherings, particularly the large Black Lives Matter protests and gatherings that drew tens of thousands of people into the streets of Chicago, and hundreds in other Illinois communities.
The Republicans noted that Pritzker himself, along with Illinois Attorney General Kwame Raoul, participated in some of those marches and demonstrations, in apparent conflict with his own COVID orders.
The Republicans asserted Pritzker’s decision to not only allow the demonstrations to continue, but to encourage and participate in them, undermines his legal authority to restrict other gatherings for political purposes held by his political opponents.
“When the state grants access to one set of speakers, it must give equal access and treatment to all speakers of a similar character,” the Republican lawsuit said. “It may not favor one speaker over another.
“To do otherwise is to discriminate in favor of certain speakers and against other similar speakers based only on the content of their speech…”
The lawsuit asserted Pritzker’s assembly limits violated their First and Fourteenth Amendment speech, assembly and equal protection rights, under the U.S. Constitution.
Judge Ellis last summer denied the Republicans’ request for an injunction barring Pritzker from enforcing his assembly limits. That decision was upheld on appeal.
The Republicans, however, continued to press their case, asserting a court order was still needed to declare Pritzker had overstepped his authority and prevent him from continuing to selectively wield power in the name of fighting a pandemic.
Pritzker responded by asking Judge Ellis to dismiss the case, arguing the orders didn’t violate anyone’s rights. The governor, however, also said the Republicans no longer have a case. Not only have the restrictions been long since lifted, but the Republicans have been able to hold many of the events they claimed had been shut down by the governor’s orders.
In her Sept. 7 ruling, Judge Ellis did not address any of the claims related to political speech or assembly rights, or equal protection claims.
Rather, she agreed that the governor’s unwillingness to reimpose capacity restrictions, even in the face of rising COVID-19 case numbers and hospitalizations, indicates Pritzker is not likely to again shut down gatherings in the name of fighting the pandemic.
Ellis noted the governor this year has only moved to issue a new indoor mask mandate, and to require vaccinations for certain groups of workers in government, health care and education, as well as college students. He has not discussed reimposing any lockdown-style restrictions on gathering or movement.
“Here, the gathering limits ended in May 2021 and, despite the surge in cases, no credible threat exists as to their reinstatement,” Ellis said.
She said that is enough to remove the Republicans’ standing under the law to continue their lawsuit, because she believes they cannot demonstrate they are likely to be harmed by any current or future restrictions.
The Republican Party has been represented by attorney Daniel R. Suhr, of the Liberty Justice Center, of Chicago.