CHICAGO — Illinois. Gov. JB Pritzker filed an appeal Tuesday after a state lawmaker challenged his coronavirus stay-at-home order and won.
The appeal calls for a reversal of that ruling, and to dissolve Republican Rep. Darren Bailey’s temporary restraining order.
On Monday, Clay County Circuit Judge Michael McHaney issued a temporary injunction so Bailey could disregard the stay-at-home order.
Bailey, a Xenia resident, argued Pritzker did not have the authority to extend his stay-at-home order beyond the initial 30 days. He said the state already has a plan in place that the governor is ignoring.
“This past week, we discovered this Pandemic Influenza Preparedness and Response Plan, which is law, and this is our answer. This is the law that we should follow instead of listening to one person make up his own rules. That’s the problem,” Bailey said in an interview with WGN Monday night.
“Representative Darren Bailey’s decision to take to the courts to try and dismantle public health directives designed to keep people safe is an insult to all Illinoisans who have been lost during this COVID-19 crisis,” Pritzker said at his daily Monday news conference. “It’s a danger to millions of people who may get ill because of his recklessness.”
The matter is expected to go before the appellate court, although a court date has yet to be set.
The temporary restraining order that now gives Bailey relief only lasts for 30 days.
See the appeal filing below: