As Downstate Judge Rules In Favor Of Suit Against Stay-At-Home Order, Some In Chicago Are On The Fence

CHICAGO (CBS) -- Already-anxious business owners were left rattled Monday by a court ruling in favor of a downstate Republican lawmaker who is challenging Gov. JB Pritzker's stay-at-home order extension.

State Rep. Darren Bailey (R-Xenia) claimed in the lawsuit filed last week that Pritzker has exceeded his authority and is violating the civil rights of the state's residents by extending the stay-at-home order for an additional 30 days, through May 30.

CBS affiliate WCIA-TV reports Clay County Circuit Court Judge Michael McHaney granted Bailey's request for restraining order to temporarily block the governor's latest executive order Monday afternoon, ruling Pritzker's extended stay-at-home order "shredded the constitution."

As CBS 2's Jermont Terry reported, word of the court's ruling came just as Gov. Pritzker was giving his briefing on coronavirus in Illinois at the Thompson Center Monday afternoon.

The ruling technically only grants Rep. Bailey an exemption from the stay-at-home order, but it opens the door for others to follow. And even in hard-hit Chicago, some are on the fence about the extension.

All is quiet at Some Like It Black, a lounge at 810 E. 43rd St. in Bronzeville. Owner Micah Crawford remembers when the drinks were flowing and crowds gathered.

But since the governor's bar and restaurant closure six weeks ago and the subsequent stay-at-home order, there has been nothing going on there.

"It's waiting," Crawford said. "Ot's kind of been a waiting game for us."

Crawford is eager to get the doors back open, yet she questions what turning on the lights too soon will mean.

"We're just wondering what that will look like - opening our doors again, hoping people will come in," she said. "I think a lot of people will be scared to come out."

The small business owner is on the fence with the Monday court ruling downstate.

Bailey said of the ruling: "It's an absolute victory, because the end of the day, it's about the constitutionality. This is what we do as Americans. We stand up. We look at the law. Or we better stand up or else our freedoms will begin to erode and be taken away from us."

The governor views Bailey's move as political and reckless. On Tuesday afternoon, a visibly angry Pritzker lashed out at Bailey, accusing him of putting the public in danger.

"Rep. Darren Bailey's decision to take to the courts to try and dismantle public health directives designed to keep people safe is an insult to all Illinoisans who have been lost during this COVID-19 crisis, and it's a danger to millions of people who may get ill because of his recklessness," Pritzker said shortly after the ruling on Monday. "It's insulting, it's dangerous, and people's safety and health has now been put at risk; there may be people who contract coronavirus as a result of what Darren Bailey has done."

Bailey said, "Saying anyone who challenges this will be responsible for millions of deaths – man, it's sad day for Illinois."

Bailey said individual health departments should be able to determine the next step.

"We have two cases down here in my county, Clay County," he said.

But right now, it appears individual businesses could also sue to reopen – something the Some Like it Black lounge will think about.

"I'm not sure. That's something I'd have to discuss with my partner," Crawford said. "At this point, we just want everyone to be safe and be healthy."

On Monday night, Pritzker – through the Illinois Attorney General's office – was fighting to get an emergency stay. That moves the case to the Illinois Appellate Court.