A judge has ruled against Illinois Gov. J.B. Pritzker’s newest stay-at-home order that is set to go into effect on May 1.
Clay County, Illinois Circuit Court Judge Michael McHaney granted the restraining order Monday afternoon to temporarily block Pritzker’s third stay-at-home order.
A status hearing is set for next week. The current stay-at-home order remains in effect.
State Representative Darren Bailey, of Xenia, Illinois, filed a lawsuit on Thursday against Pritzker for what Bailey claims was a violation of civil rights.
“My lawsuit asks the court to find that Gov. Pritzker overextended his power by issuing additional ‘stay at home’ orders after his original disaster proclamation, which expired on April 9, 2020,” Bailey said.
“Enough is enough! I filed this lawsuit on behalf of myself and my constituents who are ready to go back to work and resume a normal life,” Bailey said.
“While special emergency powers were granted to the governor through the Emergency Management Act in the late 1980’s by the Illinois General assembly, the unprecedented power and authority he wields under the current crisis calls for an immediate review and reconsideration of legislative intent,” Bailey said.
Bailey filed his lawsuit as an individual, which means that the restraining order only applies to him; however, anyone in the state can file a lawsuit as well.
Pritzker said on Monday during his daily press conference that his office and the Illinois Attorney General will fight the decision “to the furthest extent possible.”
“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,” Pritzker said.
“It is a danger to millions of people who may get ill due to his recklessness. At best, no one is better off because of this ruling, and at worst, people’s health and safety will suffer tremendously,” Pritzker said.
The Illinois Department of Public Health (IDPH) announced 1,980 new coronavirus cases and 50 additional deaths on Monday. The state’s total is now 45,883 positive cases and 1,983 deaths.
12,676 people were tested for COVID-19 in the past 24 hours, officials said. The total number of people tested so far in the state is at 227,628.