Will County Board Member Files Lawsuit Against Pritzker, State

HOMER GLEN, IL — Homer Glen resident and Will County board member Steve Balich is among plaintiffs who have filed a lawsuit against Gov. J.B. Pritzker and the state of Illinois for compensation for the loss of property, wages and income.

Balich is one of five plaintiffs involved in the complaint, which was filed in the U.S. District Court for the Northern District of Illinois. The other plaintiffs are George Pearson, who is the current Will County Republican committee chairman; Samantha Palya, owner of Absolutely Pawfect Pet Styling in Palos Hills; Amanda Hamerman, owner of Color Envy in Bolingbrook; and Michael Judge, owner of Judge Automotive in Oak Forest. They are being represented by Bruggeman, Hurst and Associates, P.C., in Mokena.

"I hear over and over from those in my district that we have 678,000 people in Will County with 3,951 cases and 212 deaths which is a tiny fraction of the total population being affected," Balich told Patch Friday morning. "The governor chooses to shut down with the consequence of destroying the lives of many, with the unreported consequences of increased use of drugs and alcohol, increased mental illness, suicide and bankruptcy."

The lawsuit states that "plaintiffs stand on the precipice of economic collapse as a direct result of the actions taken by Governor Pritzker and state of Illinois in response to the novel coronavirus pandemic."

According to the complaint, the lawsuit does not seek to contest whether Pritzker's stay-at-home orders were "prudent or within his authority to issue." Instead, it is stating that the governor "did not provide compensation for those who suffered substantial — and perhaps total — diminution of value in their property interest as a result" of the stay-at-home orders.

"I filed to get damages for citizens and small business owners that are facing losing everything they have worked for due to the governor shutting everything down," Balich told Patch. "I filed for damages because that is the only way I believe our governor will pay attention."

The lawsuit states Pearson is also a campaign manager for a statewide candidate running for election, and he has been damaged since he can't conduct "party business" or engage in political fundraising.

Balich is also a committee chairman for Mike Fricilone, who is running for the U.S. House of Representatives. The lawsuit states Balich cannot contact in-person and "effectively represent his constituents," and is also deprived of his ability to raise funds for Fricilone's campaign and campaign for his own reelection.

"My job as a county board member is to do my best to serve and protect the people in my district as well as the Constitution of the United States and state of Illinois," Balich said. "The governor is in essence removing the rights guaranteed in these Constitutions."

Balich said he can't hold a public meeting to address issues, get signatures to petition the governor, or go door-to-door to discuss issues with people.

Palya is an owner of a pet grooming business that was unable to open for business until May 1. According to the complaint, Palya lost income of $45,000 for the period her business was closed.

Hamerman, the owner of a salon, lost income in excess of $60,000 and continues to lose income, the lawsuit states.

Lastly, Judge, the owner of an automotive business, has suffered a decline in business due to restrictions on travel and people not using their cars and not needing repairs, according to the complaint. Judge only had to lay off an employee due to lack of work.

The plaintiffs are requesting the court "declare the action of the state a taking of private property for public benefit," and order just compensation.

Read the complaint, filed Thursday, here: