South West Illinois News

A Douglas County sheriff defying Gov. J.B. Pritzker’s latest emergency stay-at-home order extension insists that the law is on his side.

Last Friday, Douglas County Sheriff Joshua Blackwell was quoted in news reports that he will not enforce the extension of the governor’s coronavirus executive order (EO), which includes wearing masks when social distancing is not possible. The governor, citing the state’s Emergency Management Agency Act, first issued the stay-at-home order on April 2. Last week he announced that he would extend it through May 30.

“Certain parts of the order violated my statutory rights as Sheriff to control the internal operations of my agency,” Blackwell told SW Illinois News in an email. “I swore an oath to defend the Constitution of the United States and the State of Illinois, and in my opinion, enforcing the EO would cause me to go against the very principles I swore to protect.”

Blackwell went on to say that the governor’s own statements undermine the order – that he did not want police to issue citations or arrest those violating the order.   

“I’m not sure how else we (law enforcement) can ensure compliance if we are not allowed to issue citations or make arrests,” Blackwell said. “We can ask for compliance, but if a citizen says no, what other recourse do we have if the Governor doesn’t want a citation or arrest made. Further, the statute in which the Governor originally suggested he used to ensure compliance, Reckless Conduct, requires a specific victim and act. Just arresting someone based on a violation of the order itself without a specific victim would be unconstitutional.”

Blackwell is not the only government official who has turned the law back on the governor. Last week, State Rep. Darren Bailey (R-Xenia) filed a lawsuit arguing Pritzker exceeded his authority by extending his emergency powers beyond the 30-day limit permitted in the emergency management act.  

On Monday, Clay County Circuit Judge Michael McHaney agreed and issued a temporary restraining order that blocks the governor’s EO from applying to Bailey.

A similar lawsuit is now expected out of northern Illinois. The Center Square reports that state Rep. John Cabello (R-Machesney Park) plans to file an action against the governor’s order in Winnebago County

Blackwell said that he believes it is up to everyone to weigh their rights as citizens while looking to safety recommendations from state and federal authorities.  

“We are given unalienable rights guaranteed by the Constitution, we also have a duty to use common sense,” he said. “Should a business refuse service to an individual because they are not following the guidelines issued by the state, that is the businesses right. It’s also the right of the citizen to take their business elsewhere. In the event a person ignores the businesses request to follow the rules they have in place and the person refuses to leave the premise, then it does become a criminal matter and one I hope we aren’t called on to enforce.”