Governor's Request for Suit by Bailey to be Moved Out of Clay County Denied

Gov. J.B. Pritzker's motion to have a lawsuit filed against him by St. Rep. Darren Bailey moved out of Clay County has been denied.

Judge Michael McHaney, the same judge who ruled in Bailey's favor in the original lawsuit filed by Bailey against the governor, denied the motion Friday to have the hearing on the new lawsuit moved out of Clay County.

(THE CROWD OUTSIDE CLAY COUNTY COURTHOUSE AFTER THE INITIAL RULING FOR DARREN BAILEY OVER J.B. PRITZKER. ABOUT 40 TO 50 PEOPLE WERE ON HAND FOR FRIDAY'S HEARING RELATED TO THE NEW SUIT)

The Illinois Attorney General's Office, representing the Governor, asked for the case to be heard in Sangamon County. Attorney General representatives contended that the stay at home orders filed by Pritzker that are the subject of the suit, were filed in Sangamon County. Bailey's attorney, though, filed the lawsuit in Clay County since that's Bailey's county of residence.

McHaney asked for both parties to have pleadings on file in time for another hearing next Friday, May 22.

McHaney had ruled in Bailey's favor in the first lawsuit and granted Bailey a Temporary Restraining Order against having to comply with the governor's orders. Bailey later asked for the TRO to be withdrawn with plans to file the amended lawsuit. The new suit includes a 2001 opinion by then-Illinois Attorney General Jim Ryan that a governor can issue an executive order for up to 30 days. 

Pritzker issued his first order in March, but has subsequently issued orders for April and May.