Illinois Governor Pritzker’s emergency rule change locks down the state for 150 days, makes criminals out of those who violated new rules
By Kirk Allen on May 16, 2020 • ( Leave a comment )
Illinois (ECWd) –
It appears the Governor is realizing his Executive Orders are not laws and they violate people’s Constitutional rights.
What is the norm in Illinois when elected officials get exposed for violating the law? Change the law.
In this case, change the rules and make criminals out of the very people that are the economic engine in this state.
Not only do these new suggested rules invoke criminal penalties, but they also are to last 150 days and are being pushed through in an Emergency provision for such rule changes, meaning the public has little say about it. Let that sink in. Under these proposed rules it appears the Governor intends to continue with his oppressive overreach and lock this state down into the middle of October.
If approved, the Illinois Department of Public Health would be enacting an Emergency Rule establishing criminal penalties for violating what appears to be Governor Pritzker’s Executive Orders. This action points to his desperation and an admission his EOs had no enforcement power outside of those given in the law, which were limited to the Illinois Emergency Managment Agency. According to the Emergency Rule, violating IDPH rules will constitute a Class A Misdemeanor, which includes a fine and/or imprisonment. County State’s Attorneys will be charged with bringing the charges – but it is already well-established, a State’s Attorney has prosecutorial discretion when it comes to charging someone with a crime. (See section 8.1 of Public Health Act)
One thing we noticed on first reading, is the exemption for Airports and Hospitals having sit-down restaurants. We understand the hospitals, but why is it OK for an airport restaurant to serve sit-down customers, but not OK for any other restaurants in this state to serve sit-down customers? This provision points to a Constitutional issue of discrimination.
We also noticed there are no exceptions for indoor fitness rooms in hotels in this new rule. We exposed Pritzker’s discrimination of private fitness centers in this article. Discriminatory because fitness centers in Hotels were open, to include hotels tied to Pritzker’s Business. This new rule would close all hotel fitness centers as we understand it. Is this a case of break the law, change the law after being exposed?
Not surprising from this group of legal beagles is the fact it ignores the Regulatory Flexibility provision found in the Rulemaking process guidelines.
moar
https://edgarcountywatchdogs.com/2020/05/illinois-governor-pritzkers-emergency-rule-change-locks-down-the-state-for-150-days-makes-criminals-out-of-those-who-violated-new-rules/