Rep. Bailey granted restraining order against Pritzker shelter-in-place extension

LOUISVILLE, Ill. (Heartland Newsfeed) — An Illinois state representative was granted a temporary restraining order Monday against Illinois Gov. JB Pritzker’s shelter-in-place order extension. Rep. Darren Bailey (R-Xenia) filed the suit in Clay County court this past Thursday.

The approval of the restraining order in Bailey v. Pritzker (Case No. 2020-CH-06) rules that Pritzker cannot enforce his 30-day extension of the statewide shelter-in-place order. Moreover, Pritzker’s actions to extend the deadline to May 30 was given an unconstitutional declaration by presiding judge Michael McHaney. Unfortunately, it only applies to Bailey at this time. However, this decision could pave the way to further lawsuits in other jurisdictions across the state.

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Gov. Pritzker made remarks in response to the decision during a press conference.

“Rep. Darren Bailey’s decision to take to the courts to try and dismantle public health directives, designed to keep people safe is an insult to all Illinoisans who have been lost during this COVID-19 crisis and it’s a danger to millions of people who may get ill, because of his recklessness,” Pritzker stated.

“No one is better off because of this ruling and at worst people’s health and safety will suffer tremendously,” Pritzker adds. “In Illinois, and nationally, we are operating on decades of precedent in terms of how disaster proclamations work from floods to tornadoes and now a global pandemic.”

“Disasters don’t necessarily evaporate on a 30-day timeframe,” Pritzker closes. “This ruling has put the people of Illinois at risk.”

Madigan, Durkin responses

Illinois House Speaker Michael Madigan released the following statement:

Like Governor Pritzker, I find Representative Bailey’s lawsuit to be extremely reckless, at a time we can least afford it. The governor’s actions have consistently reflected an understanding that, as we face this crisis, we must be guided by what is right – not what is easy, comfortable or expedient. Clearly, we cannot say the same for all the leaders of our state.

It is my sincere hope that upon further review, this decision is reversed, and that our health care workers, first responders and loved ones are not unnecessarily subjected to added risk by such a short-sighted lawsuit.

However, House Republican leader Jim Durkin was more optimistic about the decision.

“Today’s ruling is the first regarding the Governor’s authority from his executive orders during this time of the pandemic,” Durkin states. “I expect a quick appeal to the higher courts as this is a case of first impression and needs to be dealt with on an expedited basis.”

Bailey: ‘He does not know what’s best’ for Illinois

Bailey states that Pritzker has acted “as if he knows best, but he does not know what’s best for all 12 million residents in our state.”

“We have a mechanism in place through the Illinois Department of Public Health; and how to act during a pandemic was laid out many years ago, long before Pritzker came to office,” Bailey states. “I’ve asked him since day one to respect local governments throughout the state and he’s refused.”

Bailey believes this lawsuit serves as a mechanism by which “We The People” will be able to govern themselves under the Illinois and U.S. Constitutions.

DeVore: IDPH ‘has had a pandemic response plan for years’

Thomas DeVore, Bailey’s attorney, states that Illinois has had a pandemic response plan for years, a 120-page plan approved by the Illinois General Assembly. As a result, it covers situations like the current COVID-19 pandemic.

“It’s called the Illinois Department of Public Health (IDPH) Pandemic/Influenza Preparedness and Response Plan,” DeVore states.

Additionally, DeVore states that the General Assembly set forth these guidelines. Moreover, the plan lays out how IDPH is to handle pandemic situations.

“It’s very detailed. It’s working now. I’ve talked to my county health department and they use this plan now,” DeVore adds. “It’s very effective and more importantly, it contains due process within the law for individuals pertaining to quarantine.”

“The Governor and legislative leaders could have called us back into session to debate and clarify emergency powers,” Bailey adds. “But they have not done so.”

“Congress has met using common sense distancing and even local city councils and county boards have been meeting with the use of technology like Zoom,” Bailey states. “The only other option at this point to ensure the checks and balances of power in Illinois are through the courts.”

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Pritzker has stated that he will appeal the decision.

For more Illinois political news, follow Jake Leonard @JakeLeonardWPMD and Heartland Newsfeed @HLNF_Bulletin on Twitter. Additionally, you can follow Heartland Newsfeed on Facebook and Reddit among other platforms.

Jake Leonard

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Jake Leonard, a broadcast media and journalism veteran, is the editor-in-chief of Heartland Newsfeed. Leonard is also GM and program director of Heartland Newsfeed Radio Network, wrestling editor and contributing writer for Ambush Sports, a contributing writer for My Sports Vote and Midwest Sports Network, and a former contributor to Bleacher Report and Overtime Heroics. He resides at home in Nokomis, Ill. with his dog Buster.

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