Dupage Policy Journal

Last Friday, just as Gov. J.B. Pritzker’s latest round of economic shutdowns were enacted, a 400- strong group of area businesses tuned in to hear the legal ramifications of staying open. 

According to attorney Thomas DeVore, who headlined the conversation for the Bar/Restaurants of DuPage Facebook group, Pritzker’s executive orders are not law and cannot be enforced. 

“The governor's authority during this time that we have, it's been defined as a disaster,” DeVore told the group.  

Public Health Director Ngozi Ezike.

Pritzker first imposed restrictions on businesses in the state in March. 

“It started off in March with 'we need to flatten the curve and have a couple of weeks here so the medical facilities wouldn't be overwhelmed. 'And we all know that didn't happen and things continued,” DeVore said. “Now, all of a sudden, positivity became a big deal because the mortality rate was not near as significant, even though none of us want to see anybody pass away. It was not what they had proclaimed it to be, etcetera. So for whatever reason, that goal post has continued to move.” 

DeVore said Pritzker and other politicians have not had much concern for the business community during the pandemic. 

He accused Priztker of fear mongering over the issue. 

“Those behaviors that they can control inside the workplace, they can't control inside your home, even though the governor wants you to do virtual Thanksgiving, which is ... I don't even know what that means, but they can't control those behaviors,” DeVore said. 

DeVore said he was on a recent phone call with Illinois Department of Public Health Director Ngozi Ezike. 

“'This is something we think we can control’,” DeVore said, quoting Ezike. “That's why they're picking on you, not because now all of a sudden the governor says on television the last day or two, because he's engaging in more fear mongering.” 

Earlier this year Ezike suggested Illinoisans should wear masks in their homes. 

She has also come under criticism for IDH’s tallying of Covid cases. 

GOP legislators in the Metro East recently called out the IDH for maintaining inaccurate Covid data.  

As of July, 2,400 Chicago-area businesses reported they had closed their doors as a result of Pritzker’s executive orders.  

In August, Yelp reported the pandemic shuttered 97,966 small businesses nationwide. 

Now many of those businesses that have been allowed to reopen are staying open despite Pritzker’s demands and with DeVore's assistance. 

“The issue we're dealing with is closing the inside of your premises, taking your building premises and making them off limits to the public," DeVore said. ”That's the issue that we're talking about. We're not directly talking about face coverings or ... reservations or whether you can have a bar stool. I mean, all of that ridiculous kind of stuff, we're talking about saying you cannot have someone inside of your building. The governor doesn't control that.”

In Winnebago County, Nick Fosberg of Fozzy’s Bar and Grill said all of the bars and most of the restaurants are defying Pritzker’s order.

In DuPage County Sheriff Mednrick has said he will not enforce the executive orders. A number of restaurants have also stood up to the orders.