Naperville Park District Sues Pritzker To Reopen On Its Own Time

NAPERVILLE, IL — The Naperville Park District filed a lawsuit Tuesday against Illinois Gov. J.B. Pritzker to gain authority to reopen its parks and facilities at its own discretion amid the ongoing new coronavirus shutdown. The suit, which was filed in the 18th Judicial Court of Illinois, outlines reasons why the park district believes it should reopen earlier than Pritzker's phased plan suggests.

The park district voted Thursday to move forward with legal action. Naperville Park District Board President Richard Janor said in a statement, "We understand that an important part of being healthy includes staying active and that includes being able to use some of the outdoor amenities and operate some of the programs that the District provides. The Governor's Executive Order improperly interferes with the Board's ability to make those decisions."

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The lawsuit states that "Governor Pritzker does not always respect the limits of his power over units of local government like the Naperville Park District. Rather, without any statutory authority in the IEMAA (Illinois Emergency Management Agency Act) for doing so, Governor Pritzker has wrongfully displaced units of local government from their essential functions and is preventing them from addressing the specific health concerns of their respective communities."

The lawsuit goes on to say, "Nothing in the IEMAA authorizes the Governor or DCEO to act as an uber-Park Commissioner. The operation of the Naperville Park District’s golf courses is, as a matter of statutory power, vested in the Park District Board of Commissioners, and that power includes the decisions on how best to create recreational opportunities on its properties that are safe for the benefit of players, as well as decisions on operational requirements that keep employees safe."

The complaint mentions Centennial Beach and goes on to say that "the CDC allows such facilities to be open, recognizing that chlorine kills the virus, and the CDC offers guidance on how to operate them safely in response to the threat posed by COVID-19."

The complaint says, "The Park District’s Board of Commissioners stands ready to make those important decisions about using this facility to the fullest extent possible under the guidelines issued by health experts, but they have been improperly displaced by the Governor."

Meanwhile, Illinois Department of Public Health Director Dr. Ngozi Ezike asserts that pools are not safe from coronavirus due to "fecal shedding" and other risks involving pools and locker rooms.

The park district is aiming to open paddleboats at the quarry, disc golf at Knoch Knolls Park, in addition to sports courts, skate parks and parking lots by June 1, which is consistent with the governor's executive order. Currently, golf courses, tennis courts and pickleball courts have reopened.

The park district is also planning to resume its summer camps and athletic programs by mid-June, but with some changes, including limited roster sizes.

Read the full complaint below: