FOR IMMEDIATE RELEASE
bruggemanhurst@bruggemanhurst.com
Bruggeman, Hurst & Associates, PC
20012 S. Wolf Road, Suite 200
Mokena, Illinois 60423
(708) 478-6900
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On Wednesday, May 13, 2020 Bruggeman, Hurst & Associates filed the attached Complaint against Governor J.B. Pritzker on behalf of Chicagoland Business owners and individuals who have suffered adverse economic consequences caused by the Governor’s Executive Orders requiring self-quarantine. Unlike other law suits filed in the wake of the Covid-19 Pandemic which challenge the Governors authority to take Executive Action, this suit demands compensation for the businesses and individuals who’s livelihoods and income were “taken” for a public purpose, namely to battle a public health emergency.
On one hand, the Governors’ Executive Orders have severely impacted restaurants, bars, bakeries, coffee shops, movie theaters, hotels and the people who work there. While on the other hand, “essential businesses” such as grocery and big box stores along with Federal, State and Municipal employees have only minimally been impacted, if at all. Although, everyone in Illinois benefits by “flattening the curve” the economic impact is not being shared equally by all Illinoisans. Instead, the impact is being disproportionately born by approximately 30% of the business community and by the working class who can least afford it.
There is no justification in requiring 30% of Illinoisans to pay the price for the other 70% and, in fact, the law provides a remedy. Both the Illinois and U.S. Constitutions provide mechanisms to compensate businesses and individuals where their property is being taken for the public good. When the government takes privately owned real estate for public use the owner is entitled to fair compensation. The same rule applies when the “property” being taken is a business or a job, provided that it is being taken for the “common good” such as to stop the spread of a highly communicable disease. In addition, the 14th Amendment to the U.S. Constitution prohibits government action that arbitrarily affects one’s life, liberty and property. What could be more arbitrary than an Executive Order that permits big box stores to remain open while closing your local coffee shop, butcher and restaurant.
Through this action, it’s our objective to compel the State of Illinois to recognize its duty under the Constitution to create a fund to compensate impacted businesses and individuals so that the burden of Governor Pritzker’s Executive Orders can be shared by the entire State, instead of just small business owners and their employees.
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