Pritzker seeks to strengthen court order that gives him great power over restaurant shut downs

Today, Governor Pritzker through the Illinois AG’s Office filed a Motion to Publish the decision in (Fox Fire Tavern, LLC., v. Governor Jay Robert Pritzker, 2020 IL App (2d) 200623-U).

Presently, this decision only applies to Fox Fire Tavern. The Motion to Publish seeks to make this decision a precedent, which could be relied on by other courts on challenges to the Governor’s ban on indoor seating for bars and restaurants.

The Fox Fire decision held that that 30 day limitation on the Governor’s use of emergency powers under the Illinois Emergency Powers Act, could be usurped by issuing successive proclamations arising from a single, ongoing disaster.

If the Fox Fire decision becomes precedent, case law will exist which deems the 30 day statutory limits on the Governor’s power as essentially useless, with a workaround through successive proclamations.

The Governor’s legal team is definitely looking to strengthen its position for the upcoming legal challenges

For more on the original case.