At state Rep. Darren Bailey’s request, an appeals court has undone a judge’s order releasing him from Illinois’ stay-at-home restriction.
Bailey’s attorney, Thomas DeVore, said Friday that with new information strengthening their allegation that Gov. J.B. Pritzker overstepped his authority, there are “bigger fish to fry right now than my client being the only one in the state not under this order.”
The document he is referring to is guidance from the governor’s office and Illinois Department of Public Health detailing how stay-at-home restrictions are to be enforced.
“If you do not adhere to these Executive Orders, the Illinois Department of Public Health and Certified Local Health Departments have the authority” to require residents and businesses to comply, and it cites the statute creating the department.
According to law, if public health officials believe a person is a “danger to the public health,” they may quarantine or isolate that person “to prevent the probable spread of a dangerously contagious or infectious disease.”
That cannot be implemented, though, without the resident’s consent or a court order issued within 48 hours. The burden of proof to get a judge to sign off is significant — among other things, the department would need to prove that the community’s health is “significantly endangered” by the person it seeks to quarantine.
Those rules also apply to businesses the IDPH might seek to close due to health concerns.
“Local health departments got that letter,” DeVore said. “Why did our citizens not get this letter advising them of their rights to due process?”
Bailey’s case was sent back to Clay County Circuit Court on Friday.