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posted on 5/24/20

An Illinois small business owner is up against the wire. She is a nail salon owner who is worried about whether or not she can pay her rent next month. She has already used funds from the payroll protection act and is out of options. Meanwhile, Illinois has weeks left on their stay-at-home order. Some counties have begun defying the state-wide stay-at-home order by allowing businesses to reopen, in open defiance of the guidelines.

All Counties Are Eligible to Move to Phase 3

As of May 14th, there were only two weeks left for Illinois’ stay-at-home order. All regions throughout Illinois are on track to move to Phase 3 of the governor’s Restore Illinois plan. The governor noted that the only way certain regions can truly meet the requirements is to average below a certain amount of diagnosed coronavirus cases for several weeks.

Regions must have a coronavirus positivity rating of 20% or less and an increase of not more than 10% in diagnosed cases over a two week period. Despite areas qualifying to reopen based on these guidelines, the Governor of Illinois has stated that no region can move further with re-opening until at least May 29.

Over One Million People Have Filed for Unemployment in Illinois

Filings for unemployment have exceeded one million in Illinois due to the coronavirus pandemic. As people have lost their jobs, savings, and businesses, they are becoming more restless to go reopen their communities. Governor Pritzker has stated that he will hold businesses accountable for revoking their licenses if they open their businesses in defiance of the stay-at-home order.

Nonetheless, several majors of cities outside of Chicago have asked the governor for permission to move into Phase 3 of the restore Illinois plan. Additionally, some sheriff’s offices have stated that they will no longer enforce the governor’s stay-at-home order. For example, the Kendall County Sheriff’s Office has said that it will not arrest or fine residents for violating the governor’s order.

Governor Pritzker Has Doubled Down on the Shutdown Enforcement

Governor Pritzker has stated that he has numerous enforcement actions at his disposal to force cities and towns to continue to enforce the order. He has stated that local governments who open in defiance of his orders could lose federal reimbursement from FEMA for any damage that they cause themselves. He also threatened those local governments by saying that the Illinois State Police “can and will take action.” He has since walked those comments back in what has become an ever-evolving legal landscape.

On Wednesday, a federal judge rejected a challenge to the governor’s authority. Two churches sued and requested a temporary restraining order. The judge denied the request. The judge ruled that churches are more comparable to schools or movie theaters than to grocery stores in terms of their essential nature.

Contact Our Experienced Cook County Lawyers

During these unprecedented times, many individuals and local governments are extremely frustrated by the shutdown order. Some are opening in defiance of the order. If you are facing charges related to the coronavirus pandemic, you need an experienced lawyer. Contact Glasgow & Olsson today to schedule your initial consultation.