DuPage Health Hasn't Closed Restaurants Defying Order: Official

ELMHURST, IL — The DuPage County Health Department apparently has not closed any restaurants that are offering indoor dining in defiance of the governor's order.

In a spot check Monday, Patch found four Elmhurst restaurants with indoor dining, despite Gov. J.B. Pritzker's order in October banning such service as coronavirus cases surge. That's in addition to the local restaurant that announced on Facebook that it would continue the service.

Last week, Mayor Steve Morley said at a virtual forum sponsored by Elmhurst Hospital that the city had no authority to shut down restaurants defying the order.

Asked about which entity has the power, DuPage County Health Department spokeswoman Stephanie Calvillo said, "The authority rests with the Health Department and Village/City through our permitting and operating permits."

When asked how many restaurants the department has shut down countywide, Calvillo said it's a procedure that requires due process and time for violators of the order to comply.

She would not say whether any investigations of restaurants have begun in DuPage towns such as Elmhurst, Hinsdale, Darien or Burr Ridge.

"Ongoing complaints and investigations are confidential and, therefore, not available," Calvillo said.

When the department is told about violations, she said, its COVID-19 Business Team contacts businesses, notifies them of violations and discusses requirements.

"Repeated violations, after providing a reasonable time period to comply, may result in follow-up inspections by the Health Department, the involvement of the local police department to assist, and finally legal proceedings to close the facility," Calvillo said.

At the recent hospital forum, Morley said he had numerous conversations with prosecutors and in-house lawyers, and determined the city lacked authority to enforce the governor's order.

"As it relates to bars and restaurants, were it my authority to shut them down, it would be a different conversation," Morley said. "Right now, I'm going to the max of my authority to enforce the governor's mandates."

Darien's mayor also recently spoke about restaurants offering indoor dining in response to a Patch inquiry.