Illinois businesses that move ahead of Restore Illinois plan could face misdemeanor charges

Opening too soon could now have consequences for Illinois’ restaurant, bar, gym and salon owners, according to a new penalty that was filed by Gov. J.B. Pritzker on Friday.

Owners could be charged with a Class A misdemeanor, punishable by a fine between $75 and $2,500. Less than a year of jail time is also a possibility. 

Currently under Phase 2 of Pritzker’s Restore Illinois plan, restaurants are allowed to be open for delivery, pickup, and drive-through only. Health care facilities and salons are to remain closed until Phase 3 where barbershops and salons can open with IDPH approved safety guidance; health and fitness clubs can provide outdoor classes and one-on-one personal training with IDPH approved safety guidance. 

According to WTTW, “Pritzker’s cabinet described it as a new and gentler “tool” that law enforcement can use to keep businesses closed during the coronavirus pandemic – and therefore keep people safe – that’s less severe than other options, like closure orders or stripping establishments of their liquor licenses.”

County state attorney’s offices would be responsible to carry out prosecution of violations.

WTTW also reports that Pritzker’s attorney, Ann Spillane, said the misdemeanor charge can be intimidating, but owners are not being handcuffed or arrested, rather given a citation to go to court.

Only business owners would be cited, not their employees.

Republican lawmakers, including Dan McConchie, a member of the Senate’s Public Health Committee, released statements and spoke out via Twitter, stating that Pritzker had overstepped his powers in placing the possibility of a charge on the small business owners.

“This is a clear breach of the separation of powers,” McConchie wrote. “It is the role of the legislature to make the law, and the role of the Governor to enforce it. He has assumed both roles and shut out the legislative branch. It is beyond time for the Governor to stop ruling by fiat.”

“This week, the legislature must reassert control over the executive branch and return control of the state to the people by providing oversight of his emergency powers once and for all.”

Illinois lawmakers return to Springfield for a three-day special session from May 20-22.

Senate Minority Leader Bill Brady (Republican-Bloomington) wrote, “This is exactly why our caucus has asked for public hearings into the governor’s plan and why the legislature needs to be involved in the decision making process during these unprecedented times.”

During daily press briefings, Pritzker has repeatedly been questioned on his plan to enforce the guidelines set forth in Restore Illinois. Pritzker has said that the policies set in place are to be enforced by local governments and law enforcement. 

While Pritzker has not mentioned the Class A Misdemeanor charge during a press conference, he did say that certain measures could be enforced at the state level.

“Counties that try to reopen in defiance will not be reimbursed by FEMA for damage they cause themselves. Local law enforcement and the Illinois State Police can and will take action,” Pritzker said on Wednesday. “Businesses and individual professionals that are licensed by state agencies can be held accountable for defying public health orders.”

Some local state’s attorneys like Piatt County’s Dana Rhoades have made announcements that they do not plan to take action against local businesses.

“I am notifying Piatt County citizens that it is not my intention as the Piatt County State’s Attorney to file criminal charges against such businesses or churches that reopen within Piatt County, when sufficient social distancing protocols are in place, including face covering, disinfecting, and other safety protocols as set forth by the Illinois Department of Public Health.

“The decision to reopen a business is not without potential significant risk in terms of civil liability and licensure revocation. For these reasons, I strongly encourage any business or church contemplating reopening to seek legal counsel.”

Lawmakers on the Joint Committee on Administrative Rules will have the opportunity to review Pritzker’s rule on Wednesday. Eight of the 12 committee members would have to reject the measure, otherwise the rule will remain in place for the next 150 days.