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Public Health Emergency: Legal Preparedness & Response

Fox Fire Tavern, LLC. v. Pritzker, et al.

Overview

Fox Fire Tavern, LLC. v. Pritzker, et al. (Illinois Court of Appeals, Second District, November 13, 2020): An Illinois appellate court voided a lower court determination which originally blocked a gubernatorial order setting COVID-19 restrictions on restaurants. Governor Pritzker’s order limited hours of operation, prohibited indoor dining, and restricted outdoor dining to promote social distancing. An impacted restaurant subsequently challenged the Governor’s authority to issue such an order. The lower court blocked the order, asserting the Governor had improperly issued successive 30-day disaster proclamations. On appeal, the court determined the Illinois Emergency Management Act clearly authorized the Governor to issue successive disaster proclamations for an ongoing disaster. Read the full decision here. 

View all cases in the Judicial Trends in Public Health – December 1, 2020.

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