More than 70 people attended a meeting Tuesday night at R.I.G. Ministries in Carmi. The meeting, focused on White County Businesses, was put on by Illinois Patriots and Illinois Carry to discuss available options and answer questions business owners may have about reopening their businesses during the ongoing phases of COVID-19 recovery.
Bill Chapman welcomed the crowd and introduced State Representative Darren Bailey who opened with a prayer.
White County State’s Attorney Denton Aud spoke about the legality surrounding Governor J.B. Pritzker’s Executive Orders and what business owners can expect as far as enforcement by local government officials. Aud said the whole thing has been a “very interesting time” from a legal perspective. He informed the crowd that if anyone or any business is found in violation of an Executive Order, you will not be arrested and prosecuted. Aud said there is a legislative process for closing down a business called “due process” and it has to be proven that a specific business is causing the spread of COVID 19. The State’s Attorney went on to say that our fundamental rights are being taken away. An Executive Order under the Illinois Constitution does not create a new law and, because there is no crime in violating an Executive order, officials have an “ethical duty” to not arrest or prosecute those who violate the order. Aud explained that government officials, like himself, swear an oath to uphold and defend the Illinois and U.S. Constitutions. That is where they get their authority.
Adam Niemerg, Republican candidate from Dietrich, seeking to take Darren Bailey’s seat as State Representative for the 109th District which includes all of Edwards, Jasper, Richland, Wabash, Wayne, and White counties and parts of Effingham and Lawrence counties, spoke about the livelihood of Illinois residents. He said the Governor has overstepped his authority as his Executive Order has been extended beyond 30 days. Niemerg says every order issued after the original 30 days is null and void. He believes Illinois should be open and everyone should be back to work, as the loss of customers who have to seek goods and services from other businesses which are open, puts businesses in a position where they are a short time from closing their doors. Niemerg contends that if a business opens in violation of Governor Pritzker’s orders and someone comes into that business and later tests positive for COVID 19, it would be very difficult to prove that the individual contracted it from that business. He feels that if given a choice between livelihood and liability, one should choose livelihood and the economy. Niemerg urged people to shop local and support small businesses.
State Representative for the 109th District, Darren Bailey, addressed his current lawsuit against Governor J.B. Pritzker, how it came about and the current status of the case. He said not only is Pritzker’s Executive Order unlawful and illegal, Pritzker had no right to make additional Executive Orders in the first place. Bailey explained the Governor’s proclamation is only good for 30 days and is to be used to prevent or defer a disaster. He said the Governor knows this as he made a statement recently when the lawsuit came about that Bailey had no problem with his proclamation in regard to last spring/summer’s flooding along the Mississippi and Illinois Rivers. Bailey also talked about his refusal to wear a mask during session a couple of weeks ago. He said it was a targeted attack, he was addressed directly, and it was somewhat humorous there were other members and staff who were not wearing their masks at the time that were warned they had better get their masks on.
Thomas Devore, Representative Bailey’s attorney in the lawsuit against Governor Pritzker, appeared via Zoom, stated he was happy to take on the case as he contends the Governor never had any authority to close businesses and shut down the state and certainly not beyond 30 days. While he did not urge or encourage businesses to open in violation of the Executive Order, he said businesses that do so for the most part have little to worry about. Devore explained that when businesses try to open their licenses are threatened with a cease and desist letter and it has so far not been followed through on or taken any further. When asked if a church has ever lost their tax exempt status or can be told what to do, he said the answer is “no.” He said the Health Department can provide guidelines or recommendations but the Governor cannot and has recently said he will not enforce actions against churches in Illinois. Furthermore, Devore contends the Governor never had any authority to close schools in Illinois. Asked about the new daycare rules, Devore said he believes the Governor doesn’t have any authority under the Executive Order, but when it comes to people’s children it is a much more sensitive issue. He urges daycares that do open to take precautions and implement procedures that provide safety and work best for that particular daycare and the children who attend the daycare.
The meeting concluded with statements from Mike and Valinda Rowe of Illinois Carry. They stated that 15 million background checks have been conducted so far this year as people apply for FOID cards. Mike and Valinda said, “People are wanting protection.” Valinda explained that FOID card and Concealed Carry License expiration dates have been extended by Governor Pritzker for 1 full year after the COVID 19 orders have been lifted. Denton Aud also addressed the Vivian Brown case, in which an elderly resident of White County, Vivian Brown, was charged with violating the FOID card law when she had a rifle in her home without possessing a FOID card. He said the case has been back and forth among the courts and is still ongoing.
