The COVID Project
The record
- Jurisdiction
- Illinois (Appellate Court, Second District) · Illinois
- Level
- Court
- Authority
- Ill. S. Ct. R. 307(d) (interlocutory appeal from a TRO); 20 ILCS 3305/7; 20 ILCS 2305/2
- Issued
- 2020-11-13 Nov. 13, 2020
- Effective
- 2020-11-13 (opinion filed) (read as 2020-11-13)
- End
- n/a (final) (read as 2021-09-30)
- In force
- Nov. 13, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureCapacity limitAlcohol and barsOther
- Addressees
- restaurants and bars in the mitigation regions; by its reasoning, every business operating under the executive orders
- Character
- adjudication
- Collection
- Standing duties: Illinois DUT-IL
Operative words
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's positivity rates exceed state guidelines.
Penalty
n/a (judicial decision confirming the binding force of the orders)
What it required
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's suspension of indoor dining in Region 8 was a set of operating conditions restaurants 'must follow' and not a quarantine, isolation or business-closure order requiring the DPH Act's consent-or-court-order procedure (¶¶ 40-41), and reversed the Kane County TRO. Character as recorded: adjudication (order_operating_condition layer).
Retrieval noteThe court cited Cassell v. Snyders, 458 F. Supp. 3d 981, 1002 (N.D. Ill. 2020), for the proposition that gathering restrictions are not quarantine, isolation or closure orders (¶ 41). The opinion quotes 20 ILCS 3305/7 and 20 ILCS 2305/2(b)-(c) as they read in the 2018 compilation, which corroborates that the texts saved as DUT-IL-001 and DUT-IL-002 are the texts in force in 2020.