Geneva Restaurant Sues To Stay Open Under New Restrictions

Jason Addy
Updated ·2 min read

GENEVA, IL — FoxFire Restaurant is heading to court Monday afternoon to fight for its right to serve customers indoors despite new coronavirus restrictions in the region.

The restaurant said last week it would defy new restrictions imposed on restaurants and bars by the Illinois Department of Public Health following a surge in coronavirus cases.

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FoxFire owners K.C. and Curtis Gulbro have since filed a lawsuit against the IDPH, Gov. J.B. Pritzker and the Kane County Health Department. FoxFire’s attorneys also filed an emergency motion Friday for a temporary restraining order to invalidate the state-imposed shutdown on indoor service.

A hearing on the restraining order is scheduled for 1:30 p.m. Monday.

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FoxFire’s emergency motion argues Pritzker has had no authority since April to issue any disaster declarations, which provide the foundation for the IDPH’s new restrictions.

The IDPH’s regional restrictions on indoor service at restaurants and bars violated its own procedure for shutting down establishments, said attorney Greg Earl, who is representing the Gulbros as part of the Geneva-based Myers, Earl and Nelson law firm.

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Officials must notify businesses of an impending shutdown and provide at least 48 hours in which they can arrange a hearing about the closure, Earl said. By shutting down restaurants and bars across Kane County, officials gave business owners no time to challenge the closures, Earl said.

The emergency motion argues the new restrictions create a “dilemma” for many restaurants: comply with the orders, “effectively putting them out of business,” or face penalties for defying orders from the governor.

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The new restrictions being imposed over the past week in several regions across Illinois unfairly target family-owned restaurants and small businesses, Earl said, questioning why Hollywood Casinos in Aurora and other large businesses can remain open.

The Gulbros just want to provide work for their employees and a good experience for their customers, Earl said.

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“They’re not trying to shirk away from their responsibility” to the Geneva community, Earl said. “FoxFire is not trying to diminish the global pandemic in any way. They’re trying to operate responsibly. But at the same time, they’re trying to operate.”

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This article originally appeared on the Geneva Patch