CLAY COUNTY — Judge Michael D. McHaney on Monday ruled against the Gov. JB Pritzker administration in a court case filed in Clay County Court calling for an injunction against any further stay-at-home orders including the upcoming extension scheduled to begin May 1.
State Representative Darren Bailey’s suit alleges his civil rights were violated by Pritzker’s Stay in Place orders that extended past 30 days from his initial order. The suit also asks for an injunction against any further orders, including the one Pritkzer announced last week would take effect May 1.
McHaney, of Salem, on Monday agreed with Bailey, a Xenia Republican, ruling in his favor. Pritzker responded to the ruling shortly after his daily COVID-19 update by saying, “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, at best, no one is better off because of this ruling and at worst people’s health and safety will suffer tremendously.”
He added that Illinois and nationally governments 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.
It’s unclear how Monday’s ruling will affect others in Illinois, as Bailey was the lawsuit’s only plaintiff.
Pritzker said he plans to issue new public health directives until the suit is resolved and that, “We are certainly going to act in a swift action to have this ruling overturned.”