Illinois Gov. J.B. Pritzker decided treating the state’s
struggling small business owners like criminals during the COVID-19 pandemic was
not the best policy.
Pritzker’s office on May 20 withdrew his controversial rule that made a Class A
misdemeanor out of violating his business closure order. The announcement came
as the Illinois General Assembly’s Joint Committee on Administrative Rules, or
JCAR, was about to review the rule that imposed criminal penalties of up to a
$2,500 fine and a year in jail.
The 12 state lawmakers on JCAR were inundated by calls and emails from
constituents asking that they rescind Pritzker’s rule. More than 20,000
Illinoisans contacted JCAR members through illinoispolicy.org in the 48 hours
leading up to the vote. Members are evenly split between the two political
parties.
Small businesses and local governments across the state have decried the
unfairness of allowing large retailers to remain open and sell a wide variety of
goods while smaller retailers were forced to stay closed for two months, because
they did not sell “essential” items such as groceries.
“If the businesses that have been classified as essential are operating in a way
that the governor feels is safe for the businesses, the employees and the
customers, then we should have the right to do the same thing,” said Rob Knight,
owner of a swimming school in Bloomington, Illinois.
“If the big box stores and the grocery stores and the drugstores and all the
other stores that have been deemed essential can do it, then we believe we have
the constitutional right to do the same.”
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A vast majority of Illinoisans – 3 in 4 – believe
small retail businesses should be allowed to open immediately if
they follow the same social distancing requirements big box stores
must follow, according to a recent Ogden and Fry poll.
Madison County declared its businesses could reopen
May 13 as long as they maintained social distancing guidelines.
About 80 retailers joined together to file suit against Pritzker and
defy his closure order, saying he did not have the authority.
Pritzker responded to criticism by doubling down.
He amended Illinois Department of Public Health rules on May 15 so
business owners could be charged with a crime for violating his
closure order.
Rep. Keith Wheeler, R-North Aurora, a member of JCAR, said he was
going to file a motion during the meeting to object to the
governor’s new rule. He would have needed eight of the 12 JCAR
members to agree.
“A single mom doing nails in her own home to try to feed her
children and keep a roof over their heads would be subject to a
substantial penalty, and even jail time,” Wheeler said.
Pritzker’s withdrawal of the rule means he likely did not have the
votes to avoid public rejection from lawmakers – let alone their
constituents.
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