MARION COUNTY — A Centralia restaurant has filed a lawsuit against Gov. JB Pritzker, objecting to the governor’s latest order shutting down indoor dining at bars and restaurants.
Orphan Smokehouse, Inc. filed the lawsuit in Marion County Circuit Court late Thursday, claiming Pritzker lacks the authority to issue the executive order because the emergency powers he used to issue it expired in April.
It seeks a temporary restraining order against the governor’s order, which took effect at 12:01 a.m., Oct. 22. Pritzker’s order cites the continued spread of COVID-19 infection for suspending indoor dining at bars and restaurants.
On Friday, Marion County Resident Circuit Judge Mark Stedelin denied the motion for a temporary restraining order and consolidated the case with one filed in Clinton County by RAD Gaming, Inc., doing business as the Fainting Goat in Breese. A petition hearing, in that case, is scheduled for November 9 in Clinton County Court.
Both plaintiffs are represented by attorney Thomas DeVore who has filed numerous similar cases across Illinois, which have been consolidated into one action in Sangamon County Circuit Court in Springfield.
The state reported 6,943 newly confirmed cases of COVID-19 on Friday, a new daily high. Thirty-six deaths were reported.
The governor’s order also limits gatherings to 25 people or less or 25% of room capacity at social events and meetings and restricts capacity and operating hours of casinos.