6 Naperville Firefighters Sue Over COVID-19 Vaccine, Test Mandate

NAPERVILLE, IL — Six Naperville firefighters filed a federal lawsuit Thursday against Gov. J.B. Pritzker, the city of Naperville and Edward-Elmhurst Healthcare contending that a coronavirus vaccine and testing mandate for healthcare workers is unconstitutional.

The lawsuit, which contends a Sept. 3 executive order from Pritzker exceeded his authority, was filed in federal court by John Halgren, John K. Stiegler, Gil Cortez, Chris Garon, Robert McCormick and Joel Fox. The complaint also cited Roe v. Wade and other legal precedents that establish "bodily autonomy" as "one of the fundamental rights protected by the Constitution."

Pritzker's Sept. 3 order mandated that health care workers get their first dose of the coronavirus vaccine by Sept. 19 and their second dose within 30 days of the first. A subsequent mandate issued by the City of Naperville outlines that Fire Department employees can be placed on unpaid administrative leave if they are not vaccinated and do not submit weekly proof of a negative coronavirus test.

The complaint refers to the weekly testing requirement as "a punitive measure taken against those who assert their fundamental rights."

According to the lawsuit, Edward-Elmhurst Healthcare directed the city to put the above requirements into effect.

The lawsuit seeks compensation for damages, in addition to reimbursement of legal fees, for the plaintiffs.

"The implication that these heroes are somehow public health hazards is wrong, and does a
disservice to them and to the health of the people in this State," the complaint states.

Naperville spokesperson Linda LaCloche told Patch via email, "The City of Naperville is complying with Governor Pritzker’s executive orders. We are aware of the lawsuit and we do not discuss pending litigation."

Patch reached out to Edward-Elmhurst Healthcare for comment Tuesday afternoon but did not immediately receive a response.