PEORIA, Ill. – The lawsuit RC Outfitters Owner and Operator Adam White filed in early May against Gov. J.B. Pritzker in Peoria County has been struck down.
White requested a temporary restraining order against the governors stay-at-home order.
Pritzker then filed a motion for a change of venue to Springfield, which was granted.
On Tuesday, the lawsuit was denied by a Sangamon County judge.
The judge said it does not outweigh the right to protect the people of denied.
RC Outfitters claimed irreparable damage as a business, and White said loss can be quantified by revenue lost by being forced to close.
A full statement from White:
“The judge in Sangamon County denied our request for a temporary restraining order, and didn’t rule, then, on a declarative judgment for injunctive relief. What that means is that we didn’t meet the burdens of proof that she felt were necessary to grant the temporary restraining orders.
“In that, in the language of the executive order, we argued that it is very clear in section 7 that the executive order is good for 30 days and can’t continually be re-upped, again and again and again, as has been done. At the same time, we said that, because of the executive order, there was irreparable harm that was being inflicted upon our business.
“The judge felt that in both those situations, she does believe that the executive order can be re-upped on sequential and a repetitive basis. As well as, since the fact that we had opened for business, defying the executive order, that it was harder to quantify the irreparable harm that was being done.
“We found that very interesting because you already have a judge down in southern Illinois in Clay County who has ruled quite the opposite and made it very clear that his interpretation of the executive order in section 7 is good for only 30 days.
“What does this mean going forward? It means that you have judges who have conflicting opinions as to what the executive order really means and what its limitations are. The question was asked, what happens on May 29th, May 30th, if the governor allows the state to reopen, what does that mean for our situation at that point in time?
“With all of this, we’re going to evaluate everything, step-by-step. There’s a number of cases that still have to be finalized, and the fact still remains the same, that the executive order as written — when enacted, as the governor has — we believe is a violation of constitutional law and civil liberties, and if we do not stand up and address this issue today and going forward, then we only have the question as to when is going to be the next situation that’s going to arise that this governor or a governor in the future is going to act in such a discriminatory and punitive way that crushes business, lives, and our statewide economy.
“This is the greater issue, and it still has to be addressed. So, what does this mean for us going forward? That it is very likely that we will be appealing this decision and continuing to press the issues of what is right and just for the future.”
