Dupage Policy Journal

DuPage County Sheriff James Mendrick won’t be locking up or fining restaurateurs who are banding together to defy Gov. J.B. Pritzker’s lockdown order set to start Friday.

Pritzker announced Tuesday that restaurants would again be disallowed from hosting patrons inside dining rooms. 

“Sounds like a health [department] issue, not a Sheriff’s issue,” Mendrick, who was elected to the post in 2018, said in a Facebook message. “The Sheriff has no interest in shutting down businesses in this community.” 

Thomas DeVore, Esq.

In a precedent-setting ruling last week, a Monroe County state’s attorney refused to hear a case brought against a local saloon that had defied lockdown orders. In that case, the Monroe County Sheriff’s Office and Illinois State Police cited Pritzker’s executive order in their citation of Washy’s Saloon in Waterloo. 

However, State’s Attorney Chris E. Hitzemann said the office simply could not charge the defendants, stating that no law is on the records that would disallow “indoor service of patrons.”

“No such rule exists,” Hitzemann said in the motion.

While some are capitulating to Pritzker’s demands and laying off workers in preparation of Friday’s orders, others are openly defying the governor. Ki’s Steak and Seafood Restaurant, located in Glendale Heights, is one of several restaurants that will remain open.  

Spiro Roumpas, the operator of Ki’s, has said the restaurant will abide by current hygiene and sanitation standards as well as social-distancing guidelines, but draws the line at shutting down again. 

“We are not looking for a government handout or to be martyrs or to fight the system,” Roumpas told DuPage Policy Journal of his decision to remain open. “We just want to make a living. I have bills to pay, my employees have bills to pay.” 

Roumpas has already been joined by Italian Pizza Kitchen in Roselle and Elgin Public House, which were similarly affected by the ban. Roumpas said others will be joining.  

Attorney Thomas DeVore, who successfully defended Washy’s, has convened a meeting with DuPage small business owners via the Bar/Restaurants of DuPage group on Facebook.

DeVore said the law is very clear on the enforcement of executive orders, and that they cannot be enforced. 

“I’m not sure how many times I’ve had to say it, but I’ll say it once more, an executive order is not a law. It is not a rule. It’s nothing more than guidance to the people of this state. No more. No less,” DeVore posted on Facebook.  

When Monroe County threw out the case against Washy’s, it further solidified the unconstitutionality of enforcing such an executive order.

“There is no Illinois Department of Public Health rule regarding indoor dining, and an executive order isn’t even acknowledged as a legitimate basis to charge a business with anything under Illinois law,” DeVore wrote. “The law requires a court order before indoor dining can be made off limits to the public. It’s that simple.” 

DeVore is hosting a group discussion with Bar/Restaurants of DuPage on the legality of the lockdown. The event is scheduled for Friday, Oct. 23 at 2 p.m.