PEORIA, Ill. — In a small victory for Gov. J.B. Pritzker, Peoria County Judge Derek Asbury has ruled the lawsuit filed by RC Outfitters and owner/operator Adam White must be heard in Sangamon County Court.
Pritzker had requested the venue change to Springfield on May 1, the day the lawsuit was filed.
In the official court ruling, two factors were taken into consideration.
One was the part of Illinois law that states a lawsuit against a governmental body must be brought where the principal office of the body is located, or where the cause of the lawsuit arose. Asbury ruled Peoria County and Sangamon County both to be proper venues.
The other factor was Doctrine of Forum Non Conveniens, which is a provision for what happens when two venues are ruled to be proper. In this, public and private interest are taken into consideration by the presiding judge.
Asbury in the ruling said while White has requested this lawsuit only be considered in the context of RC Outfitters, it seems to be more of a statewide issue than only a local one.
Additionally, Asbury cited the fact Illinois’s Supreme Court temporarily suspended speedy trial rights in criminal cases during the COVID-19 crisis because of public health concerns.
“Certainly, if the most fundamental rights and due process axioms must to some extent yield to greater public interest, it is logical that transferring venue on a statewide issue for the purpose of uniformity is in the public’s greater interest,” he wrote.
White told WMBD’s Greg and Dan, he just wants to be able to run his business.
“Let consumers, our customers, free-willed adults with good minds, decide for themselves where they want to shop right now.”
White predicts the case will end up in the hands of the Illinois Supreme Court.
“Either side is going to appeal. And, that is going to be immediately expedited to the Illinois State Supreme Court level. I believe.”
White said a court date could be announced Wednesday.
