St. Joseph village board meeting agenda updated

Three additional items were added to tonight's St. Joseph village board meeting for discussion and possible approval by trustees.

In addition to discussing the new village administrator position and taking care of routine budget duties, the board will also listen to a presentation from Roch's on outdoor dining and discuss moving lighting to accommodate potential out dining space.

The board will also discuss and approve the final draft of a new, long-awaited food truck ordinance.

The third addition to the agenda is a discussion on the county's upcoming redistricting options. An informational webpage at http://www.co.champaign.il.us/countyexecutive/redistrictingadvisory.php offers five possible plans under consideration. The mapping application compares redistricting proposals created by or submitted to the Champaign County Redistricting Advisory Group.

Area restaurant owners have a court date for operating without a health permit

"Not till I get a court order," is what restaurateur Jeff Buckler told The News-Gazette on Friday, December 18, the day after his establishment, Lil Buford's in Tolono had its health permit pulled and was asked to close. "Wars aren’t won in one fight." Now he is a little more than three weeks of finding out if he picked the wrong battle.

This morning, the Champaign-Urbana newspaper reported that Buckler, and Charles Buck, owner of Billy Bob’s Under the Water Tower in Ogden, are formally charged with operating a restaurant without a valid health permit.

Billy Bob's permit was suspended on December 11. Both restaurant owners have continued to operate providing dining services without county permits.

Despite Champaign County having the third lowest positivity level among the 102 Illinois counties, under Illinois' multi-tier resurgence mitigation plan indoor service at bars and restaurants is prohibited. However, outdoor service and carry-out and delivery sales are still allowed at establishments that possess all the requisite permits by state, county and local governments.

Buckler also owns Buford's in Sadorus which currently offers carryout and outdoor service only after he ceased indoor dining earlier this month. Even in the face of fines, attorney fees and possible court order closure, Lil Buford's, which opened in October, continues to offer dine-in service today.

Fighting tooth and nail for the survival of his business, Buckler's resistance effort made the national news on Sunday. He told FoxNews "there are thousands of servers and cooks and bartenders are out of work" and that "People are starving. It's going to get bad here soon."

The two owners and their attorneys are scheduled to be in court January 21.

Several other Champaign County bar and restaurant establishments that have ignored the state's public health mandate have entered settlement agreements with the health department's enforcement after appearances in court or prior docketed dates. Merry-Ann’s Diner in Champaign, the American Legion Post 71, Apple Dumplin’ at 2014 N. High Cross Road, U; Not Too Far Bar at 203 Chapin St., Ivesdale; and Red Wheel Restaurant at 741 Broadmeadow, Rantoul, all were cited for continuing indoor dining.

The Apple Dumpling was permanently restricted from operating without a valid health permit in a decision by Judge Benjamin Dyer. In a settlement agreement by owners Jim and Kathryn Flaningam and county health officials, a permanent injunction order approved a little more than a week ago included provisions that the restaurant owners must comply with all applicable laws, including any notice of requirements issued by the Champaign County Public Health Department.

The Red Wheel's suspension barely lasted 24 hours and was reinstated after a written correction was accepted by the CUPHD and a reinstatement fee was paid. In a settlement agreement with City of Champaign and the county, Merry-Ann’s agreed to quit offering indoor dining services to the public.

One step back, Champaign County joins the rest of the state in Coronavirus resurgence mitigation

On Friday, Governor JB Pritzker and the Illinois Department of Public Health (IDPH) announced resurgence mitigations would go into effect in Region 6 - which includes Champaign, Clark, Clay, Coles, Crawford, Cumberland, Dewitt, Douglas, Edgar, Effingham, Fayette, Ford, Iroquois, Jasper, Lawrence, Macon, Moultrie, Piatt, Richland, Shelby and Vermillion counties - starting 12:01 a.m. on Monday, November 2.

The 21-county region recorded a 7-day rolling average test positivity rate of 8 percent or above for three consecutive days, which exceeds the thresholds set for establishing mitigation measures under the state’s Restore Illinois Resurgence Plan.

In order to get back to Phase 4 and back to having indoor dining, the region will need a positivity rate of less than 6.5 percent for three straight days. If that rate stays above 8 percent for 14 days, then the region will face even more restrictions.

While Champaign county, if you ignore the University of Illinois' testing efforts, boast a 7-day positivity of 5.7, six counties are flaunting double-digit numbers. Coles county is currently at 11, Effingham 11.2, Macon 13.7, Douglas 14.9, Shelby 15.9 and Cumberland 26.1.

The resurgence mitigation restrictions target bars and restaurant in order to control the spread of the coronavirus. Governor Pritzker has said there are dozens of studies and articles on outbreaks in bars and restaurants to justify reducing the services they provide.

Mitigation measures taking effect November 2 in Region 6 include:

Bars

• No indoor service
• All outside bar service closes at 11:00 p.m.
• All bar patrons should be seated at tables outside
• No ordering, seating, or congregating at bar (bar stools should be removed) 
• Tables should be 6 feet apart 
• No standing or congregating indoors or outdoors while waiting for a table or exiting
• No dancing or standing indoors
• Reservations required for each party
• No seating of multiple parties at one table

Restaurants

• No indoor dining or bar service
• All outdoor dining closes at 11:00 p.m.
• Outside dining tables should be 6 feet apart
• No standing or congregating indoors or outdoors while waiting for a table or exiting
• Reservations required for each party 
• No seating of multiple parties at one table

Meetings, Social Events, Gatherings

• Limit to lesser of 25 guests or 25 percent of overall room capacity
• No party buses
• Gaming and Casinos close at 11:00 p.m., are limited to 25 percent capacity, and follow mitigations for bars and restaurants, if applicable

Two area restaurants, Buford's Pub in Sadorus and Apple Dumplin', just outside the Urbana city limits, informed customers via Facebook that they intend remain open despite the restrictions from the state. Both business saw overwhelming support in both comments and "Likes".

Jeff Buckler, owner of Buford’s Pub told The News-Gazette it wasn’t an easy (decision) to make.

"Let me put it that way. We went through the last one; it was supposed to last two weeks and lasted what, 120 days?" he said. "I’m fighting for every small business out there. I’m just tired of being told what to do when they’re using the bars and restaurants as scapegoats. What about the Walmarts and Targets?"

On a Facebook, a post by Buford's Pub's said, "Its not just about my business its about all small business stand up against a dictator. Bars and (sic) are getting the brunt of this and combined we are less then (sic) 9% of the whole issue."

Meanwhile two days earlier, bars and restaurants in Region 9 received similar news.

A Crystal Lake attorney on Thursday filed a 78-page lawsuit on behalf of 37 McHenry County restaurants, hoping to bring the state’s mitigation plans to a halt and allow owners to continue offering indoor service.

A day later, McHenry County Judge Thomas Meyer denied the application for a temporary restraining order. The Northwest Herald reported he made his decision based on new facts and that mitigation order was not an extension the governor's executive order from last March.

"It was a difficult and unpleasant order to enter," Meyer said in the article. "But I do believe that there is a basis for the new executive order and that is how we end up where we are."

Buckler and Jim Flanigan, owner of the Apple Dumplin', have retained attorney Tom DeVore, who made headlines this summer when he represented state Representative Darren Bailey effort to null the state's mitigation order in a lawsuit and won. It was through DeVore's efforts a Clay County judge declared the Governor’s continuing use of emergency powers as an overstep of his constitutional authority.

The ruling, depending on who you speak with, is only applicable in south central Illinois county where the daily testing positivity is at 14.9 as of the time of this story and pushing a 7-day rolling average of 9.7. An appeal filed by the governor is still pending on the Clay County case.

ViewPoint | There is something not right about all this

By Michael Dilley, Guest Commentator

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The Zone gym was forcefully closed yesterday by the Champaign County Sheriffs Office in conjunction with State's Attorney Julia Reitz and Judge Tom Difanis. Like many other shuttered businesses in the State of Illinois, the Zone and it’s employees are suffering tremendous set backs and loosing their livelihoods, and it just continues.

As with many other in Illinois, the Zone believes their Constitutional rights have been violated and chose to exercise what they believed to be their right. They did it properly with precautions and notified their members. They pursued legal council and duly informed the proper organizations ahead of time. May I remind one that this is America, with founding documents protecting our freedom and rights. Those who detract from that fact may find themselves needing it someday. To allow this to occur without opposition is the first step in losing these very important rights, no matter what your opinion might be on what the Zone did. Just ask our Jewish friends or those in Communist China how this ends. Just because an autocratic politician declares something, does not make it correct. In the words of Sir John Dalberg-Acton, "Power tends to corrupt, and absolute power corrupts absolutely."

In an order released by Judge Difanis, he stated "The Zone is significantly endangering the public health and welfare of people". This is a false narrative and not based in any data or science out of St. Joseph. They told us that this shutdown was to the flatten the curve. St. Joseph has not only flattened the curve, we have never had one. This is not Chicago, this is St. Joseph, you cannot use the same one size fits all for the entire state. This is an arbitrary and capricious application of these standards.

There is so much wrong about this it’s hard to know where to start. One has to wonder how it is permissible to allow weed sale businesses and liquor stores to be allowed to stay open, call them “essential” and maintain it is for health reasons, but a small gym with a few members are not. Has anyone seen the line of people standing next to each other outside the weed store?

How is it that places like Wal-Mart and numerous other big box stores can stay open, but little mom and pop stores like those in St. Joseph with 4-5 customers at a time that sell the same items cannot. Something wrong with this logic. When things like this don’t add up one has to wonder what else is going on here?

This all is a demonstration in how our Governor and some other public officials are out of touch with the common man. It shows the Governor has little to no understanding about how things operate outside of Cook County. He makes dictative decrees without allowing the Legislative representatives in areas outside of Cook County to participate. He makes other out of touch politicians, like the Mayor of Chicago, his confidants. He violates Illinois law and the Constitution and scoffs at and attacks those who call him out on these injustices. It is politicians like him that the framers of the Constitution envisioned when they developed that great document.

Then we have some of our local officials and politicians choosing to follow the Governor along in his blatant disregard of our Constitutional rights like little puppy dogs.

There is something not right about all this. It is my hope that in the end there will be a big debate about how wrong this has been and how we never again need to so easily give up our God given rights.

About Michael Dilley: Michael has been a resident of Champaign County for well over 60 years. He has had a 40 plus year career locally in Public Safety, holding numerous positions in Public Safety Organizations. He has taught and trained many others throughout the Public Safety community. He has volunteered and coached youth athletics in the local community and has volunteered in his church. He is a big believer in the United States Constitution and it’s importance to our communities.