SE Illinois News

Illinois state Rep. Darren Bailey (R-Xenia) has achieved a small victory in his lawsuit challenging Gov. J.B. Pritzker’s extension to the COVID-19 stay-at-home order through the month of May.

A downstate judge has ruled that the governor may have exceeded his authority. 

“The governor seems to think that he can go around the constitution and do things his own way whenever he’s moved to,” Bailey told the SE Illinois News. “This suit is on behalf of all the people being hurt by his actions and says they have the right to be taken seriously.”

Pritzker recently announced that his statewide executive order will be in effect for at least another 30 days, with the only changes being that a few more businesses and state parks will now be allowed to open or operate at slightly raised levels. 

“While I’m pleased with some of the concessions [Pritzker] made, he certainly didn’t do enough for the people in the Southern Illinois region,” Bailey said. “He also failed to acknowledge the strain on small business owners and the way all of this is crippling them.”

Bailey’s legal action claims that Pritzker’s extension violates civil rights by exceeding the power of the Illinois Constitution’s Emergency Management Act by over-running the governor’s 30 days of emergency powers. The judge agreed with Bailey's claim, but the ruling has so far been applied only to Bailey's motions. 

The ruling could potentially allow for further cases against Pritzker's stay-at-home mandates. 

Bailey’s suit originally called on the Illinois Supreme Court to review the act and the intent behind the governor’s action. The two parties were scheduled to appear in Clay County court on April 27, but that date was most likely postponed because the governor’s office was seeking an extension. 

“We’re pressing forward,” Bailey said. “We want this to be heard on an expedited schedule. It’s a sad day in Illinois. We respect the bounds of this virus, but at the same time people have got to be allowed to make a living and provide for their families while we all take the steps that we need to in order to keep things as safe as they can be.”