Illinois restaurants legal challenges to Governor’s power face greater legal hurdles

An Illinois Appellate Court published a decision, which ruled against a restaurant’s challenge to the Governor’s shut down orders for indoor dining. By publishing this decision, the decision has precedential value and applies beyond the original case.

In Fox Fire Tavern v. Pritzker, Fox Fire challenged Illinois Governor J.B. Pritzker’s shutdown order for indoor dining. The trial court ruled in favor of Fox Fire holding that the Governor’s use of executive power exceeded the 30 day statutory limit under the Illinois Emergency Power’s Act.

The Appellate Court reversed, it acknowledged the 30 day limit to the Governor’s Executive Order, but held that the Governor could issue more than one Executive order pursuant to a pandemic.

The decision essentially eliminates the statutory limitations on the Governor’s executive power and allows him an exception to these limitation by issuing another executive order.

What this means are that court challenges to the Governor’s power face a very low likelihood of success. And that bars and restaurants must rely on the political process as the legal process has become shut off for them.