{"id":"DUT-IL-010","kind":"duty","level":"court","jurisdiction":"Illinois (Appellate Court, Second District)","state":"IL","metro":"","industry":"","agency":"","eco":"","issuer":"Illinois Appellate Court, Second District (Justice Zenoff, with Justices Hutchinson and Brennan)","authority":"Ill. S. Ct. R. 307(d) (interlocutory appeal from a TRO); 20 ILCS 3305/7; 20 ILCS 2305/2","instrument":"Fox Fire Tavern, LLC v. Pritzker, 2020 IL App (2d) 200623","title":"Reversal of a temporary restraining order against Executive Order 2020-61; the IEMA Act plainly authorizes successive disaster proclamations; the regional order prescribed guidelines restaurants must follow to operate and was not a closure or quarantine order under the DPH Act","dateIssued":"2020-11-13","effective":"2020-11-13 (opinion filed)","end":"n/a (final)","startDate":"2020-11-13","endDate":"2021-09-30","quarters":["2020Q4","2021Q1","2021Q2","2021Q3"],"types":["CLOSE","ALC","CAP","OTHER"],"addressees":["restaurants and bars in the mitigation regions; by its reasoning, every business operating under the executive orders"],"clause":"Because the Act plainly authorizes the Governor to issue successive disaster proclamations stemming from one ongoing disaster, the trial court abused its discretion in finding that FoxFire established a likelihood of success on the merits.... EO61 prescribed guidelines that restaurants must follow to safely operate while a region\u0027s positivity rates exceed state guidelines.","enforcement":"n/a (judicial decision confirming the binding force of the orders)","functions":[],"notes":"Held that section 7 of the IEMA Act authorizes successive thirty-day disaster proclamations arising from one ongoing disaster (¶¶ 24-26, 36), that EO 2020-61\u0027s suspension of indoor dining in Region 8 was a set of operating conditions restaurants \u0027must follow\u0027 and not a quarantine, isolation or business-closure order requiring the DPH Act\u0027s consent-or-court-order procedure (¶¶ 40-41), and reversed the Kane County TRO. Character as recorded: adjudication (order_operating_condition layer).","sourceUrl":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/ca2fdfec-0c47-4b3d-a052-f83c8a2bd39e/2200623.pdf","snapshot":"","fileExists":true,"fileBytes":339325,"grade":"primary","character":"adjudication","description":"","collection":"DUT-IL","url":"/library/DUT-IL-010","exhibitUrl":"/exhibit/DUT-IL-010","citation":"Illinois Appellate Court, Second District (Justice Zenoff, with Justices Hutchinson and Brennan), Fox Fire Tavern, LLC v. Pritzker, 2020 IL App (2d) 200623 (Nov. 13, 2020) (Ex. DUT-IL-010)","stateName":"Illinois","related":["DUT-IL-001","DUT-IL-002"]}