In Springfield, Officials Trade Cease-And-Desist Letters Over Reopening Plans

From The Center Square:

By Greg Bishop | The Center Square

May 27, 2020

The fight businesses are having in opening back up amid COVID-19 concerns isn’t just with Gov. J.B. Pritzker. In the capital city, it’s starting to become a dispute between local authorities.

The attorney for several Springfield businesses is ordering the mayor and police chief to stop contacting his clients who are open for business and said a federal lawsuit would be “unfortunately necessary” if they don’t stop.

Many businesses in Illinois have been closed since Pritzker issued an emergency stay-at-order on March 21 to reduce the spread of COVID-19. Restaurants were ordered to end dine-in service March 16. Pritzker has said his extended orders were necessary to ensure hospitals have the capacity to treat COVID-19 patients.

In recent days, Springfield city officials issued compliance orders and cease-and-desist letters to businesses in Springfield that opened before Pritzker's five-phase reopening plan.

“We are not getting the backing of the public health department in regards with enforcement, that’s a big issue,” Springfield Mayor Jim Langfelder said Tuesday. “When you have a restaurant open up … that’s why we took action.

“We all know this is a health pandemic,” Langfelder added. “The police department have their hands full especially when they don’t have the backing of the health department that they should get.”

Letters to Mayor Jim Langfelder and Police Chief Kenny Winslow from attorney Thomas DeVore said the local public health department has no issues with the businesses opening safely. DeVore represents Springfield's Fox Run restaurant, Bow + Arrow salon and FitBodies gym.

An official from the Sangamon County Department of Public Health wasn’t immediately available to respond.

The letter DeVore sent to Langfelder says while there has not been federal litigation against the city on this issue, one would be "unfortunately necessary" if the city attempts to supersede the county public health department's jurisdiction.

“[P]lease be advised we have received statements of persons who seemingly have direct knowledge, recently placing you at a local establishment called the Alamo, notwithstanding your public efforts to close our client’s facilities,” DeVore wrote in the letter. “While I would hope this alleged fact would turn out not to be true, witness statements are seemingly quite convincing.”

Langfelder said he did not go to the Alamo.

DeVore represents a number of businesses, individuals and a couple of state lawmakers across the state suing the governor over his stay at home orders. He also recently filed a lawsuit against Pritzker on behalf of the Edwardsville/Glen Carbon Chamber of Commerce, which represents 500 small businesses.

DeVore claims the governor has exceeded his emergency authority by extending declarations beyond an initial 30 days. He also says state law gives local public health departments the authority to issue closure orders for public health concerns with the due process being given to those affected. (Letters: Download PDF; Download PDF)

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