South West Illinois News

A Clay County state representative has sued Governor J.B. Pritzker, alleging that his emergency powers authority to issue COVID-19 stay-at-home orders lapsed on April 8, 2020.

Darren Bailey (R-Xenia) is asking the Fourth Judicial Circuit Court  to permanently enjoin Democratic Gov. Pritzker or anyone under his authority from enforcing the March 20 executive order, against Bailey himself, according to a press release.

“The March 20 executive order limits Bailey’s Constitutionally protected freedoms in that it ordered him to stay at home or at his place of residence as well as limited his ability to travel within the state,” wrote Thomas Devore and Eric Hyam, plaintiff’s attorneys, in the complaint.

The litigation, which requests a declaratory judgment, began on Saturday, April 25 with a telephone hearing to discuss the Illinois Attorney General’s request for an extension of time, which was denied by the court. Despite physical distancing requirements, a hearing is scheduled for 1:30 pm on Monday, April 27, in a 92-seat courtroom to discuss Bailey’s request to immediately lift the stay-at-home orders that applies specifically to him.

“I think Gov. Pritzker is doing what he thinks is best but it’s not within the confines of how the Constitution works,” Bailey told SW Illinois News.

Special emergency powers are granted to the governor through the Emergency Management Act, but they expire after 30 days. Gov. Pritzker’s original disaster proclamation expired on April 9th, 2020. 

"He needed to call a legislative session in order to extend stay-at-home orders beyond those first thirty days,” Bailey said in an interview.

Although Bailey is a state representative for Clay County, he filed the lawsuit for his own freedom.

“If the restraining order is granted on Monday, I will encourage all of my constituents to file a similar complaint citing my win as a precedent,” said Bailey, who works as a farmer when not serving as a state representative. “My constituents and I are ready to go back to work and resume a normal life.”

To date, the Illinois Department of Health website reports 43,903 positive coronavirus cases and 1,933 deaths statewide linked to coronavirus.

“Everything we’ve been told about this virus has not come true,” Bailey said. “The governor talks about science, research and models but they change every day. Is the virus a concern? Absolutely but not to the extent of crashing the economy. He has singlehandedly brought us to our knees financially in 30 days.”

Police reportedly broke up a funeral of some 60 people on the northwest side of town on March 29, 2020 and cited them for violating stay-at-home orders during the outbreak, according to news reports.

"Enough is enough,” Bailey said.