An Illinois state judge on Monday ruled in favor of a state representative who filed a lawsuit against Governor J.B. Pritzker’s extension of the state’s stay at home order.
Clay County Circuit Court Judge Michael McHaney granted a temporary restraining order to Republican state Representative Darren Bailey, releasing him for now from the Democratic governor’s stay at home order.
Bailey, who represents Xenia, Illinois, sued Pritzker over the governor’s Thursday decision to issue a 30-day extension the social distancing measures, which are now set to expire May 30.
“Enough is enough!” Bailey said in a statement. “I filed this lawsuit on behalf of myself and my constituents who are ready to go back to work and resume a normal life.”
While the restraining order applies only to Bailey, the lawsuit could open the door to similar lawsuits from other residents who oppose the stay at home extension.
Pritzker said his office plans to “fight this legal battle to the furthest extent possible, to ensure the public health and commonsense” and request an emergency stay of the judge’s decision. He will also issue new public health directives in response to the coronavirus health crisis in the state.
“We are certainly going to act in a swift action to have this ruling overturned,” Pritzker said Monday during his daily coronavirus briefing.
“Representative Bailey’s decision to go to the courts is an insult to all Illinoisans who have been lost during this COVID-19 crisis. It’s a danger to millions of people who might get ill because of his recklessness,” the governor said.
The governor also pushed back against the argument that he should not be allowed to declare back-to-back 30-day emergencies. State law is not specific on whether the governor may declare a second emergency immediately after an initial one.
“Disasters don’t evaporate on a 30-day timeframe. Legislators took this into account when they wrote this law,” Pritzker said.
The case will now be weighed by the Illinois Appellate Court.