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Officials push back on Governor鈥檚 Emergency Order

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springfield

JEFFERSON COUNTY (WSIL) -- Governor J.B. Pritzker's office has been under fire for its recent effort to penalize businesses violating the Stay-At-Home order, largely aimed at bars and restaurants.

Those facilities looking to open ahead of the Governor's phased-in reopen plan faced criminal penalties for defying those orders.

"I don't blame anybody for doing that or trying to do it," said Mt. Vernon's Joe's Pizza & Pasta owner Ben Sperry, adding that his waitstaff is looking forward to seating diners again, but not before the Stay-at-Home order is lifted, or allows it. "Personally we will not do that, just for what the repercussions could be and just that whole process of trying to fight anything that could happen."

Last week, the Pritzker administration filed an emergency rule making violations of the Stay-At-Home order a Class A Misdemeanor, describing it as a "tool" for law enforcement.

But it quickly drew criticism as an overreach of the governor's authority, leading officials in Jefferson County to say they would not enforce the executive order.

"Criminal justice authorities, law enforcement authorities, we enforce criminal statutes," said Jefferson County Sheriff Jeff Bullard, adding that there's no qualified immunity for enforcing an executive order. "What that means is, if we get sued for enforcing an improper rule, an improper executive order that steps outside of constitutional boundaries, then we have no protection in a lawsuit."

He adds the ruling attempted to circumvent the appropriate process.

"And law enforcement leaders are well aware of what that is and pretty much every law enforcement leader that I know in this region, they're not enforcing it," said Bullard.

With this push back from law enforcement and government officials alike, Gov. Pritzker withdrew the ruling Wednesday.

"Like many issues in this nation, this COVID-19 is polarizing," said Bullard, adding that both sides need to respect each other and while his heart goes out to lives lost due to COVID, "We should not forget about families who have lost loved ones in the armed forces defending our nation, defending out constitution so civil liberties can be protected and not thrown away so cheaply."

Following the Governor's announcement to withdraw that ruling, State Sen. Dale Fowler (R - Harrisburg) issued a statement saying, he is pleased with Pritzker's decision to rescind, adding that businesses have "gone above and beyond to implement critical protocols needed to ensure the safety of their customers."