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Desperation is growing for Illinois small business owners who
have gone nearly two months without customers, so Madison County’s health board
voted to reopen the county with strict guidelines. Now, Gov. J.B. Pritzker is
threatening to deploy the state police and local law enforcement against
businesses that defy his executive order.
“Businesses and individual professionals who are licensed by state agencies will
be held accountable for breaching public health orders,” Pritzker said at his
Wednesday press conference. “Counties that try to reopen in defiance, may not be
reimbursed by FEMA for damages they cause because they ignored the law. Local
law enforcement and the Illinois State Police can and will take action. There is
no consequence the state could impose that is greater than the harm you will do
to your own communities.”
This is a noticeable shift from the tone Pritzker has struck throughout the
pandemic. He has previously stressed it will be up to local officials to enforce
the stay-at-home order. Now, it appears the governor is ready to exercise his
state policing powers.
State and local police can work together to enforce orders given under emergency
powers. Section 7 of the Illinois Emergency Management Agency Act allows the
governor to issue a proclamation declaring a disaster for a situation such as a
viral pandemic, allowing him to exercise the emergency powers authorized in the
act for a period of up to 30 days.
Madison County was allowed to open on May 13 with strict guidelines created by
the county health department consistent with guidelines from the Centers for
Disease Control and Prevention and similar to Phase 3 of Pritzker’s plan. In
that phase, gatherings cannot exceed 10 people, restaurants and gyms can open
with 25% capacity and churches can open at 50% capacity. Places such as salons
do not have capacity restrictions.
The problem for Pritzker is Madison County is two weeks ahead of his guidelines.
His plan says no region of the state can open prior to May 30. Dining-in
wouldn’t be permitted until at least the end of June. Pritzker believes those
going forward with their own plans are choosing to ignore the data.
“One hundred ninety-two Illinoisans lost their lives to this virus in the past
24 hours,” Pritzker said. “How is that not real to you?”
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Positivity rates in the Southern Region of
Pritzker’s Restore Illinois plan have been trending down since May
1. All benchmarks appear to have been met in the first 14 days of
May to allow the region to move on to Phase 3, except for the
requirement that hospitalization rates be measured over a 28-day
period.
While Pritzker may choose to enforce his executive orders through
the state police, 75% of Illinois residents believe it is time to
let small businesses open with social distancing measures in place.
Big box stores have been allowed to continue operations as long as
they sell essential items. This makes it even harder for small
retail stores to compete in the market. These businesses could
enforce social distancing better than any big box store that has
hundreds of customers at a time.
“We have the opportunity to clean in between each person,” Denetta
Flamingo said of her gym in Ottawa, Illinois. “The big stores, yeah,
they wipe off a cart. But when you touch a product, who touched that
before you? They’re gonna wash off all their products, too? Our gym
is sterile, clean and always has been.”
There is no reason small businesses cannot open their doors if large
stores are allowed to. By keeping them closed, Pritzker is shutting
down the engine of Illinois’ economy and the livelihood of so many
of the state’s residents. Small businesses have created 60% of
Illinois’ jobs since the Great Recession.
The associations for Illinois’ retailers, manufacturers and other
businesses said Pritzker did not consult with them before he crafted
his plan. Now, it appears the governor is willing to do more harm to
businesses by deploying law enforcement against them.
Businesses opening and complying with social distancing requirements
are trying to get people back to work in communities still
struggling from the crisis. Madison County leaders took matters into
their own hands to find an appropriate balance between public health
and the county’s economy. Pritzker’s threat of force against
businesses trying to be safe and survive lands him somewhere between
tone deaf and authoritarian.
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