A Geneva eatery is petitioning the state Supreme Court for the right to keep open its dining room amid the Covid-19 crisis. This after an appeals panel in the Second District ruled that Gov. J.B. Pritzker’s emergency powers allow the rollover of a 30-day executive order banning indoor dining in counties targeted for enhanced mitigation. Restaurants in regions statewide have been subject to a regime based on state Dept. of Public Health monitoring that has kept the ban in place through the holidays in places where Covid cases have continued to rise. It’s a move that restaurants say violates the intent of the 30-day codicil aimed at limiting executive power.
The FoxFire restaurant in Geneva is staying open as lawyers seek an interlocutory ruling from judges in Springfield about the constitutionality of the rollover. Pritzker in November banned restaurants in Cook, DuPage, Kane, Kankakee and Will counties from seating customers indoors. However, a win by FoxFire in district court emboldened restaurants to violate the order, including more than three dozen that challenged the ban in McHenry County. By requesting the interlocutory ruling, FoxFire’s appeal can be heard even as similar cases are pending in lower courts. Municipal governments have declined to enforce the clampdown as doing so violates state law. Pritzker has signed more than 70 executive orders under the state Emergency Management Act since March.
The Chicagoland Law Firm represents clients in Civil Litigation cases, including those involving business practices that conflict with state law. Our Civil Litigation attorney will discuss your case in a free consultation and provide you with zealous representation should you choose to retain us. We are fully equipped to handle court filings and appearances remotely, including via teleconferencing platforms like Zoom and WebEx. We also can be reached by telephone or at our offices in Chicago and Downers Grove.