SPECIAL REPORT: Modified Stay at Home Order (Illinois)
Governor JB Pritzker has signed a modified stay at home order that will go into effect today, May 1, and extend through the end of the month. Since his press conference announcement three lawsuits challenging his authority to issue such order have been filed.
Litigation: The first lawsuit was filed by State Representative Darren Bailey. Bailey argued that Pritzker had abused his executive authority, and is fringing on Illinois residents’ civil rights. On Monday, a Clay County Circuit Court Judge, Judge Michael McHaney, found in favor of Bailey, ruling the governor exceeded his authority. Although the judge’s ruling only applies to Bailey personally, it could lead to additional legal challenges from others, like the two noted below. Pritzker has appealed this decision, which is pending with the court.
A second lawsuit was filed by State Representative John Cabello. Cabello filed the suit in his individual capacity, and on behalf of all citizens of the State of Illinois who are similarly situated. This lawsuit alleges that Pritzker has no legal authority under the Illinois Constitution to order the isolation or quarantine of citizens of the State of Illinois. This case has not yet been decided.
A third lawsuit was filed in federal court by a church in northwestern Illinois, arguing that the extension of the stay at home order is unconstitutional and their religious rights have been violated. The church has also announced that it plans to hold public service on Sunday.
The Executive Order: The new executive order by the governor, will include the following modifications:
Outdoor Recreation: State parks will begin a phased re-opening under guidance from the Department of Natural Resources. Fishing and boating in groups of no more than two people will be permitted. A list of parks that will be open on May 1 and additional guidelines can be found on the Illinois Department of Natural Resources website.
Golf: Golf will be permitted under strict safety guidelines provided by the Illinois Department of Commerce and Economic Opportunity (DCEO). For more information on the golfing guidelines can be found on DCEO’s website. Below is a summary of the guidelines and controls that Golf courses and golfers will need to abide by:
Bookings are required to be made online or by telephone
Players shall be grouped in twosomes
15 minutes between tee-times
No practice ranges, chipping greens, or putting greens
No golf carts may be used on course, except individuals with a physical disability or physical limitations that prevent them from walking the course
Only privately owned pull carts may be utilized, rental of pull carts from the course will not be allowed
Courses are required to elevate the bottom of the cup so that golfers can retrieve their ball without having to put their hand in the cup
Clubhouses, halfway houses, and proshops shall remain closed
No beverage or snack carts
Players with any symptoms of COVID-19 or players from a household with someone displaying symptoms should not play
Golfers must walk and carry their own clubs; no caddies
Golfers must bring their own supply of balls, tees, ball markers, and any other equipment needed to play golf
Golfers should comply with social distancing throughout the course and between other twosomes
Golfers should pick up their own ball and handle their own scorecard
Golfers should leave the flag in place while putting and sort out the sand in the bunker with their club
Essential Businesses and Operations: Essential Businesses and Operations means Healthcare and Public Health Operations; Human Services Operations; Essential Governmental Functions; Essential Infrastructure; stores that sell groceries and medicine; food and beverage manufacturing, production, processing, and cultivation; licensed medical and adult use cannabis dispensaries and cultivation centers; businesses that provide food, shelter, and other necessities of life for animals; organizations that provide charitable and social services; media; gas stations and businesses needed for transportation; financial institutions; hardware and supply stores, greenhouses, garden centers, and nurseries; critical trades; mail, post, shipping, logistics, delivery, and pick-up services; educational institutions for the purposes of facilitating distance learning, performing critical research, or performing essential functions (educational institutions may allow and establish procedures for pick-up of necessary supplies and/or student belongings and dormitory move-out); laundry services; restaurants for consumption off-premises; businesses that sell, manufacture, or supply products needed for people to work from home; businesses that sell, manufacture, or supply other Essential Businesses and Operations; transportation businesses; home-based care and services; residential facilities and shelters; professional services (legal services*, accounting services, insurance services, real estate services); day care centers for employees exempted by the Executive Order; manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services; critical labor union functions; hotels and motels; funeral services.
*Illinois Attorneys are further subject to ARDC guidelines
Requirements for essential stores: Retail stores designated as Essential Businesses and Operations shall to the greatest extent possible provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times; cap occupancy at 50 percent of store capacity, or, alternatively, at the occupancy limit set by the DCEO; set up aisles to be on-way where practicable; set up in-store signage and advertisements about social distancing requirements; and discontinue reusable bags. Households must limit, to the extent possible, the number of members who enter stores.
Non-Essential Retail: Retail stores not designated as non-essential businesses and operations may re-open to fulfill telephone and online orders through pick-up outside the store and delivery. Employees must follow social distancing requirements and wear a face covering when they may come within six feet of another employee or customer.
Requirements for Manufacturers: Manufactures that continue to operate must follow Social Distancing Requirements and take appropriate precautions, which may include: providing face coverings to employees; staggering shifts; reducing line speeds; operating only essential lines; ensuring all spaces where employees may gather allow for social distancing; and downsize operations to the extent necessary to allow for social distancing.
All Businesses: All businesses must evaluate which employees are able to work from home, and encourage remote work when possible. All businesses that have employees physically reporting to a work-site must post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General. More information and guidance is posted on the IDPH webpage.
Face Coverings: Beginning on May 1, individuals will be required to wear a face-covering or a mask when in a public place where they can't maintain a six-foot social distance. Face-coverings will be required in public indoor spaces, such as stores. This new requirement applies to all individuals over the age of two who are able to medically tolerate a face-covering or a mask.
Please be aware that the information contained herein is current as of the date of the release of this Special Report and is subject to further changes and modifications by federal and local officials. If you have any questions or need additional information, please contact us.
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