As most have heard by now, Illinois legislator Darren Bailey filed suit against Governor J.B. Pritzker on April 23rd, seeking declaratory judgment and injunctive relief against enforcement of the Governor’s March 20 stay at home order, effectively asking the court to prohibit further enforcement of the Governor’s order as it stands against Bailey personally. Bailey also filed a motion for a temporary restraining order (TRO) and preliminary injunction.
The thrust of the argument Bailey makes in his complaint is that the Governor exceeded the powers granted to him under Section 7 of the Illinois Emergency Management Agency Act.
In pertinent part, Section 7 of the Act provides as follows:
“Sec. 7. Emergency Powers of the Governor. In the event of a disaster [. . . ] the Governor may, by proclamation declare that a disaster exists. Upon such proclamation, the Governor shall have and may exercise for a period not to exceed 30 days [enumerated emergency powers].”
Because the Governor has extended his emergency proclamation beyond the 30 days granted under the statute, Bailey argues the Governor has done so without authorization.
On April 27th, Clay County Judge Michael McHaney granted the TRO motion and issued a Temporary Restraining Order that prohibits enforcement of Governor Pritzker’s stay at home order of March 20th against Bailey. The TRO, however, applies only to Bailey personally; it has no effect on any other citizen of the state of Illinois.
The Temporary Restraining Order remains in effect for up to 30 days, pending hearing on a preliminary injunction. This is absent further court action related to the TRO, which is likely, given Governor Pritzker’s statement that he will try to have the TRO overturned.