McHenry Co. Restaurants Join Fight To Stay Open
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MCHENRY COUNTY, IL —Several McHenry County restaurant owners are hoping a judge will grant them the same approval given to a Kane County restaurant this past week. On Monday, a Kane County judge gave FoxFire in Geneva the OK to stay open despite Gov. J.B. Pritzker's order to close.
Now, with McHenry County now facing similar restrictions on indoor dining, Crystal Lake attorney John Dickson is working to file a lawsuit requesting a temporary restraining order against the state's mitigations plans, with the hopes of having it filed and heard before courts close at 4 p.m. on Friday, the Northwest Herald is reporting. On Wednesday, Pritzker announced Region 9, which includes Lake and McHenry counties, had surpassed three days with a positivity rate over 8 percent and additional mitigations, including the closure of indoor dining, would take effect at 12:01 a.m. on Saturday.
Among the restaurants included in the lawsuit are Andy's Restaurant in Crystal Lake, Fire Bar & Grill in Crystal Lake, The Cottage in Crystal Lake, Around the Clock Restaurant in Crystal Lake, Pablo's Family Fiesta in Crystal Lake and Whiskey and Wine in Crystal , 750-degree Cucina Rustica in Cary, The Tracks Bar & Grill in Cary, Bold American Fare in Algonquin, Cattleman's Burger and Brew in Algonquin, Burnt Toast II in Algonquin, Cucina Bella in Algonquin, Woods Creek Tavern in Lake in the Hills and Dino's Pizza & Pasta in Lake in the Hills.
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On Wednesday, Gov. J.B Pritzker announced additional mitigations, including the end to indoor service at bars and restaurants in McHenry County, will take effect starting at 12:01 a.m. on Saturday. The announcement came after three days where the positivity rate surpassed 8 percent for Region 9, which includes Lake and McHenry counties.
Earlier this week, FoxFire in Geneva was granted a temporary restraining after similar restrictions took effect in Kane County. The order will allow the restaurant to continue to serve patrons inside.
FoxFire's emergency motion argued 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 represented FoxFire owners K.C. and Curtis Gulbro as part of the Geneva-based Myers, Earl and Nelson law firm.
The Gulbros sued Gov. J.B. Pritzker, the Illinois Department of Public Health and the Kane County Health Department on Friday, a day after announcing the restaurant would defy the new restrictions, which ban indoor service at restaurants and bars in Kane County.
Attorneys for the restaurant also filed an emergency motion for a temporary restraining order to block officials from enforcing the indoor-service ban. The motion argued Pritzker has had no authority to issue any disaster declarations beyond his initial 30-day proclamation in March
Kane County Judge Kevin Busch granted that restraining order Monday afternoon, saying he believes the Illinois Emergency Management Agency Act — which Pritzker has pointed to as the legal authority for issuing consecutive disaster proclamations — gives the governor no such authority.
GPritzker and the Illinois Department of Public Health lodged an appeal Tuesday, asking the state's Second District Appellate Court to reverse Busch's ruling, the Kane County Chronicle reports.
Busch also questioned why FoxFire and other restaurants in Kane County are being targeted for new coronavirus-related restrictions while "big box stores" are free from new restrictions.
"If there was such a compelling need to shut down businesses for public health, then how did we pick and choose the winners and losers?" Busch said while delivering his ruling.
According to the Centers for Disease Control and Prevention, dining at bars and restaurants is closely linked to the spread of the virus in many communities. Adults who tested positive for the virus were approximately twice as likely to have reported dining at a restaurant than those with negative test results, according to a CDC study published in September. Experts now believe the coronavirus is airborne, and tiny droplets containing the virus can linger indoors for hours as aerosols, making indoor dining especially risky since diners can't wear masks while eating.
Patch.com editor Jason Addy contributed to this article
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This article originally appeared on the Crystal Lake-Cary Patch
