SPRINGFIELD (WSIL) � An Illinois judge has ruled against Gov. JB Pritzker's extension of the stay-at-home order after a lawsuit was filed by a downstate representative.
State Representative Darren Bailey (R-Xenia) Thursday.
During a hearing , Clay County Circuit Court Judge McHaney ruled against Governor Pritzker’s executive order, granting a restraining order to temporarily block the stay-at-home order set to take place on May 1.
This does not mean the current stay-at-home order has been lifted. Gov. Pritzker's legal team has a week to appeal the judge's ruling.
Governor Pritzker says Bailey's lawsuit is an insult to all Illinoisans who have been lost to this crisis.
"History will remember those who put politics aside to come together to keep people safe. It will also remember those who so blindly devoted to ideology and the pursuit of personal celebrity that they made an enemy of science and of reason," said Gov. Pritzker.
"Like Governor Pritzker, I find Representative Bailey’s lawsuit to be extremely reckless, at a time we can least afford it. The governor’s actions have consistently reflected an understanding that, as we face this crisis, we must be guided by what is right � not what is easy, comfortable or expedient. Clearly, we cannot say the same for all the leaders of our state," said a statement from House Speaker Mike Madigan.
“It is my sincere hope that upon further review, this decision is reversed, and that our health care workers, first responders and loved ones are not unnecessarily subjected to added risk by such a short-sighted lawsuit.�
Judge McHaney ruled Gov. Pritzker's executive orders for the stay-at-home extensions "shredded the Constitution."
“The comments by Judge McHaney make it clear in my opinion that the governor or the legislative leaders could have called us back into session to debate and clarify the emergency powers, but they have not done so. The U.S. Congress has met using common sense distancing and even local city councils and county boards have been meeting with the use of technology like Zoom. The only other option at this point to ensure the checks and balances of power in Illinois are through the courts,� said Rep. Bailey in a statement Monday evening.
The restraining order granted Monday does not mean all Illinois residents would be exempt from the stay-at-home order.
Representative Bailey is the only citizen released from the order. Other residents would have to join his lawsuit or file their own.
You can read the full complaint . A copy of a request for a temporary restraining order and preliminary injunction filed by Bailey Thursday can be found .
