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.

Photo of the Day - October 30, 2020


Elyse Knudsen scores 24 against Urbana

Unity's wins on the road, Knudsen scores 24

Unity's Elyce Knudsen goes up for a shot on Urbana's Kynzee Boastick during their non-conference game on December 9, 2019. The senior finished the night with a team-high 24 points, making 10 of 12 attempts from the free throw line to help her team to a 59-49 road win over the Tigers. Later in the 2019-20 season, Knudsen would surpassed Unity's all-time scoring mark in a home game in February held by Rocket alumnus and 12-year NBA veteran Brian Cardinal, who drained a career 1,812 points during his prep career.

(Photo: PhotoNews Media/Clark Brooks)

Northern Illinois restaurant gets TRO to remain open despite Governor's orders


by Joe Tabor, Senior Policy Analyst
Illinois Policy


FoxFire restaurant can stay open while the challenge to Gov. J.B. Pritzker’s exercise of emergency powers works its way through the courts, a Kane County judge has ruled.

On Oct. 26, Judge Kevin Busch granted the Geneva, Illinois, steakhouse’s request for a temporary restraining order against Pritzker’s Executive Order 2020-61, specifically as it relates to FoxFire’s ability to conduct indoor dining. The judge barred the governor, the Illinois Department of Public Health and the Kane County Health Department from enforcing the order.

The order applies only to FoxFire and allows the restaurant to operate with indoor seating until the next hearing, or until the state appeals the ruling. FoxFire’s petition for a temporary restraining order and preliminary injunction argued that all of Pritzker’s COVID-19 subsequent disaster proclamations after the initial March 9 proclamation were invalid. That first proclamation expired on April 7.

Pritzker’s authority to issue executive orders limiting the operation of restaurants during the COVID-19 pandemic comes from the Illinois Emergency Management Agency Act. The Act limits the exercise of emergency powers to 30 days after the governor has issued a disaster proclamation, but Pritzker has continuously issued new proclamations to extend the timespan of his emergency powers to almost 250 days so far. The Act itself is silent as to whether Pritzker can extend his emergency powers indefinitely, and the governor’s actions have met numerous legal challenges as well as criticism.

The General Assembly could resolve these questions with legislation, but has so far declined, leaving Illinois to be governed by a series of executive orders when it comes to the state’s COVID-19 response. As it stands, these challenges will work their way through the court system.

The governor is expected to appeal the ruling in favor of the Geneva restaurant, but for now, FoxFire is the only restaurant in its region legally open to indoor dining.

Restrictions were reimposed Oct. 28 on the Metro East region and will be imposed Oct. 30 in Chicago, leading to a public debate between Pritzker and Chicago Mayor Lori Lightfoot over the need to again close bars and restaurants to indoor operations.

Half of the counties in Illinois are at a warning level for COVID-19 positivity, with the statewide 7-day average at 6.7% on Oct. 28. Of the 11 regions designated for COVID-19 restrictions, six have a positive test rate of at least 8%.

As many as 21,700 Illinois restaurants and food establishments could permanently be shuttered as a result of the pandemic and repeated closure orders.

The Illinois Restaurant Association is also looking at legal remedies, President and CEO Sam Toia told Crain’s Chicago Business. He said many in the industry feel they are being unfairly singled out, and that the restrictions used at the pandemic’s start are no longer helpful or effective.

"The science surrounding COVID-19 has evolved," Toia said. "So must the metrics for mitigation."


Originally published by Illinois Policy on October 28, 2020. Published by permission.


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