Emergency Rule Threatening Owners Of Open Businesses Withdrawn

SPRINGFIELD, IL — Gov. J.B. Pritzker's administration has withdrawn the emergency rule it adopted Friday that made it a crime for owners of certain businesses to operate in violation of executive orders he has issued in response to the COVID-19 pandemic.

State public health officials confirmed the change Wednesday at a meeting of the Illinois General Assembly's Joint Committee on Administrative Rules, or JCAR, which consists of six Democrats and six Republican. A vote by eight members of the 12-member committee would have been required to overrule the emergency rule.

The public health rule change filed Friday made it a class A misdemeanor — punishable by up to a year in jail and a $2,500 fine — for owners of bars and restaurants to allow indoor consumption, for fitness and health clubs to allow customers on site, or for barbers, cosmetologists and other "non-medical personal care services" to provide on-site services.

Due to begin at 10:30 a.m., the meeting was delayed by nearly three hours as Democratic lawmakers met behind closed doors. According to Rep. Tom Demmer, the Pritzker administration agreed to repeal the rule in response to "significant opposition" from members of the joint committee.

Joanne Olson, the deputy general counsel of the Illinois Department of Public Health, confirmed to lawmakers that the recently submitted emergency rule would be withdrawn.

Rep. Keith Wheeler, an Oswego Republican, said the committee would not take any immediate action on the rule, but any future emergency rules enacted by the Pritzker administration could be subject to JCAR review.

Earlier this week, Pritzker described the emergency rule as a less harsh penalty for business owners than a license revocation or a closure order. He said the rules, initially introduced Friday, would have expired along with his current executive order at the end of the month. On Wednesday, Pritzker said he hoped lawmakers would pass a law with the same effects as the rule.

Sen. Bill Cunningham, the Chicago Democrat who co-chairs JCAR with Wheeler, appeared alongside Pritzker at a news conference. He said there was never any intention of arresting any business owners under the proposed rule.

"I think it's fair to say that there was a bit of an overreaction to the original rule, and that, I think, was created by the fact that it referred to a class A misdemeanor," Cunningham said. He said any sanction included in a proposed new law would have civil and administrative enforcement only and would not establish a new criminal offense.

"What we want to have is something that our public health departments and the police departments they work in concert with have tools to enforce the stay-at-home order, make sure businesses are following aspects of that order, and I think it's fair to say we would like to do it with a soft touch," he said. "That is the intent of the legislation."

The governor's executive orders during the coronavirus pandemic have prompted challenges in state and federal court prior to lawmakers return to Springfield this week. The suits claim Pritzker has overstepped his authority or improperly extended the COVID-19 state of emergency. Some local elected officials have also proclaimed they would not enforce the governor's executive orders placing limits on businesses and activities not deemed essential by the state.

Earlier: Illinois Business Owners Could Do Jail Time Under Pritzker's New Emergency Rules