By ALICIA FABBREDAILY SOUTHTOWN |MAY 14, 2020 | 1:36 PM
hree business owners have filed a federal lawsuit against Governor J.B. Pritzker and the State of Illinois seeking monetary damages due to the governor’s stay-at-home order.(Brian Cassella / Chicago Tribune)
A Will County board member, the chair of the county’s Republican Party organization and three area business owners have filed a federal lawsuit against Governor J.B. Pritzker and the State of Illinois seeking monetary damages for loss of income they claim was caused by the Governor’s stay-at-home order.
The lawsuit was filed Wednesday on behalf of Will County Board member Steve Balich, R-Homer Glen; George Pearson, chair of the Will County Republican Committee; Samantha Palya, who owns Absolutely Pawfect Pet Styling in Palos Hills; Amanda Hamerman, owner of Color Envy in Bolingbrook; and Mark Judge, owner of Judge Automotive in Oak Forest. It contends that Pritzker, through the stay-at-home order, “seized without compensation the property and businesses and the livelihoods of individuals across the state, forcing indefinite closures and layoffs of thousands of people.”Advertisement
“In the wake of a fast-moving disease outbreak, plaintiffs stand on the precipice of economic collapse as a direct result of the actions taken by Governor Pritzker and the State of Illinois in response to the novel coronavirus (COVID-19) pandemic,” the lawsuit claims.
Specifically, the lawsuit contends that the owners of Color Envy and Absolutely Pawfect Pet Styling have suffered a loss of more than $60,000 and $45,000 respectively as a result of having to shut down their shops in accordance with the state’s stay-at-home order. The lawsuit also notes that the owner of Judge Automotive had to lay off an employee.
Pawfect Pet Styling reopened May 1 and has been busy with the backlog of customers from the six weeks it was closed. The shop has been busy since its reopening, but Palya anticipates the continued shut down will trickle down to her business as customers who may not be able to return to work forgo her services to free up cash for other necessities.
“If we don’t open up, how are people going to get back to work?,” she asked.
The lawsuit also alleges that both Balich and Pearson have not been able to adequately perform their duties —such as meeting with constituents, passing petitions or fundraising — due to the governor’s order.
Balich and the group’s attorney, Alan Bruggeman, noted the lawsuit does not seek injunctive relief but rather seeks to have a jury set compensation for those affected by the shut down.
“The government is violating our constitutional rights by taking our freedom away,” Balich said. “People who have businesses can’t even conduct business in the way they should.”
Balich also is among the Will County board members discussing a resolution requesting the state assign Will County to a different region as it relates to the governor’s reopening plan. Currently, Will County is included in the Northeast Region which also includes Cook, DuPage, Grundy, Kendall, Kane, Lake, McHenry and Kankakee counties.
Will County Board member Mike Fricilone, also a Homer Glen Republican, has proposed the resolution, which will be discussed at Thursday’s county board meeting. The resolution contends that including Will County in the same region as Cook County, which is reporting higher COVID-19 cases than Will County, would “unjustly cause severe economic injury to the families, residents and businesses without a reasonable basis for the declaration.” The resolution also asks to create a new district made up of the five collar counties around Cook County to allow those counties “to reopen in a more fair, equitable and timely manner.”
Fricilone, also a candidate for the 3rd Congressional District, pointed to Lockport and the impact the stay at home order has had on the “mom and pop” shops spread throughout the village.
“My mayor in Lockport, his city is going to die,” Fricilone said. Further, he questioned how a boutique shop that may have a handful of customers in the store at the same time is not allowed to open while big box stores or grocery stores can open.
Amid questions from county sheriffs or other municipalities refusing to follow the stay at home orders, Pritzker Thursday urged elected officials to comply and keep their constituents safety at the forefront.
“Do your job. Lead,” Pritzker urged. “Be the person that they elected who is supposed to be protecting your community. Don’t fall prey to the rhetoric that’s out there that says ‘Oh let’s just open up. This virus doesn’t effect anyone like me. You’re wrong.”
Pritzker also suggested the boundaries would not be redrawn, noting they reflect healthcare regions and the availability of healthcare within a region. He also said that, based on current numbers, every region is poised, if current metrics hold, to enter Phase 3 at the month’s end.
