Business & Tech
FoxFire Loses Restraining Order Blocking Indoor Dining Ban
"Simply put, (FoxFire) has neither pled nor presented evidence that the cure is worse than the disease," an Illinois appellate court said.
GENEVA, IL — Two weeks after state officials imposed an indoor dining ban on restaurants in Kane County, an appellate court ruled that one Geneva restaurant can no longer ignore that restriction.
Kane County Judge Kevin Busch had granted FoxFire a temporary restraining order Oct. 26 that blocked public health officials from enforcing new coronavirus restrictions at the Geneva restaurant.
More Restrictions Loom With Kane-DuPage Positivity Rate At 12.7%
Find out what's happening in Genevawith free, real-time updates from Patch.
Busch said he believed Pritzker has no authority to issue consecutive 30-day disaster proclamations under the Illinois Emergency Management Agency Act, which underpins the state’s coronavirus response and mitigation plans.
But the Illinois 2nd District Appellate Court on Friday reversed Busch’s decision, saying the Kane County judge “abused (his) discretion” by granting a temporary restraining order against the restrictions.
Find out what's happening in Genevawith free, real-time updates from Patch.
‘Victory Within Reach’: Underwood Confident In Race With Oberweis
Busch said he had researched the Illinois EMA Act and found nothing that explicitly allowed for a governor to issue consecutive proclamations, but the 2nd District Appellate Court wrote in its decision that Busch “improperly considered” the statute “in a vacuum.”
Illinois Coronavirus Update Nov. 9 — Don't miss updates in Geneva as they are announced — Sign up for Patch news alerts and newsletters.
FoxFire’s lawyers would be unable to show Pritzker exceeded his authority by issuing consecutive proclamations, because the law “plainly authorizes the governor to issue successive disaster proclamations stemming from one, ongoing disaster,” Justice Joseph Birkett wrote in the appellate court’s order.
New Coronavirus Test Site At Aurora Mall To Offer Quicker Results
“A comprehensive reading of the (Illinois EMA) Act supports the conclusion that the legislature did not intend to limit the governor’s authority,” Birkett said.
Former Govs. Pat Quinn and Bruce Rauner also issued multiple disaster proclamations, without much opposition, the Chicago Tribune reports.
The 2nd District Appellate Court sent the case back to Kane County, with Justice Robert McLaren telling FoxFire and its lawyers that it must show how the coronavirus pandemic has impacted the restaurant industry compared to the public.
FoxFire and others that filed motions on their behalf, including the Illinois Restaurant Association, “address the harm to them but fail to establish just how severely the disease is or is not affecting the general public,” McLaren said.
“Simply put, (FoxFire) has neither pled nor presented evidence that the cure is worse than the disease,” the appellate court wrote in its order.
K.C. Gulbro, who owns FoxFire with his dad, told the Chicago Tribune that they are "a little disappointed" by the appellate court's ruling.
"We feel this is still unfair," Gulbro told the Chicago Tribune. “Our restaurant is a safe environment, and we should be allowed to stay open."
REGIONAL NEWS:
Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.
