Kendall Sheriff Won't Bust Parties For Violating Governor's Order

KENDALL COUNTY, IL — The Kendall County Sherrif's Office announced Wednesday, May 13, that deputies will not "arrest or fine anyone for solely violating the Governor's Executive Order", and nor will they target small businesses that violate orders regarding social distancing.

In a letter issued Wednesday afternoon, Sheriff Dwight A. Baird said that he has received many inquires in the past few weeks regarding the enforcement of Gov. J.B. Pritzker’s executive orders regarding COVID-19 restrictions.

Residents have called the sheriff's office, Baird said, questioning if they would be arrested or fined if they reopened businesses deemed non-essential, held church services, weddings, parties, graduation parties, or gatherings on private property.

Kendall County was recently linked to Cook County under the governor's five-phase Reopen Illinois plan, and he said he hopes Pritzker "reconsiders that decision and moves Kendall County into another region more fitting to the community we are."

Baird said since the benchmarks were released, calls have increased from residents asking about enforcement at church services, weddings, parties or graduation celebrations. Deputies will not fine or arrest anyone for solely violating the governor’s orders, Baird said in a statement.

Baird said if someone chooses to open businesses, hold church services or host graduation parties, the sheriff's deputies will not ask the activities to be ceased based on the governor's order.

"I was elected and took an oath as your sheriff to enforce the laws and protect your constitutional rights,” he said. "The governor’s executive order is not a law."

Baird cited an opinion made in an internal memo by David Robinson, deputy director of the state’s attorneys appellate prosecutor’s office, who said Pritzker's order has "constitutional challenges and goes beyond what the specific act allows the Governor's office to do." He also noted that Kendall County does not have an ordinance that supports a fine for violating the governor’s orders.

However, he cautioned business owners that are licensed through the State of Illinois or municipality, "They have authority over your license," and advised them to consult with their attorney and insurance company to ask if hosting parties at businesses or at home could put them in liability.

Baird suggested that residents continue to practice social distancing, washing hands, and wearing masks when social distancing is not possible.
"It is your right to choose what you want to do, but please respect the rights of others and their choices," he said.

Ultimately, Baird said he is not instructing residents to defy the governor, but he intends to explain how the sheriff’s office will provide service.
“You need to do what is right and safe for you and your family,” he said.

If current circumstances change drastically, Baird said the sheriff’s office might change its stance on enforcing the order and will issue an update informing residents of the change.

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