Bailey Earns Win in Clay County Court Battle w/Governor

(THE SCENE OUTSIDE CLAY COUNTY COURTHOUSE AFTER THE DECISION BY JUDGE MICHAEL McHANEY)

Illinois Governor J.B. Pritzker has been enjoined from issuing any further stay-at-home orders by a decision Monday in Clay County Circuit Court.

Judge Michael McHaney ruled in favor of State Representative Darren Bailey's request for a temporary injunction against any further Stay-At-Home orders such as the one the governor said last week he planned to sign that would be effective May 1. The judge also ruled in favor of Bailey's allegation that his civil rights were violated by the Stay-At-Home orders previously issued by Pritzker, including the one that expires this Thursday.

The main contention was whether the Governor had the right to issue another Stay-At-Home order after the original order that expired early in April. McHaney said State law indicates that the governor had the right to issue an order for up to 30 days, but does not have the authority to issue subsequent orders. The judge said that the actions are to protect lives and property, but that the orders have instead caused great harm to the livelihoods of the citizens of Illinois. McHaney said, "Individual rights do not disappear during a public health crisis."

We had the chance to talk with Rep. Bailey after the judge's ruling...

(BAILEY/PRITZKER)

A status hearing on the lawsuit is to take place one week from today. McHaney directed that a hearing on a permanent injunction against orders by the Governor must take place within 30 days.

As to what happens when the governor's current Stay-At-Home order expires this Thursday, Bailey said it's already addressed by State law; that the Illinois Department of Public Health and the county health departments of Illinois have the ability to administer the pandemic.

In addition to a decision on a permanent injunction, a reminder that Federal guidelines are still in effect, as well.