EUREKA, Ill. — Woodford County State’s Attorney Greg Minger said Wednesday his office will not be enforcing Gov. J.B. Pritzker’s stay-at-home order beyond Apr. 30.
An e-mail that circulated his office was leaked to media.
The letter, attached in its entirety below, implied continuing to enforce the order would be going against Minger’s Constitutional oath.
It’s been a week of controversy for the order, after the state was successfully sued Monday by 109th District State Representative Darren Bailey after a Clay County judge ruled the order is unconstitutional.
An appeal had been filed.
Rockford-area State Rep. John Cabello said Tuesday he planned to file a similar lawsuit against Gov. Pritzker.
Below is the letter from Minger to his office:
“I sent the following to the Sheriff, Hillary, Kent, and John Krug earlier today. This can be forwarded on to the mayors if it has not already been done. But please add the last paragraph which I did not send, but is highly relevant.
“I just want this group to know that I have been receiving daily questions from citizens of my opinion of the constitutional issues with Governor Pritzker’s extension of the stay-at-home order. I plan on responding with it is not enforceable and will not be enforced at the county level due to statutory issues (beyond the 30 days) as well as improper taking of property interests and pecuniary interests without just compensation. There are certainly due process issues with a continued stay-at-home order. The law does not provide for a quarantine of the state, only individuals that have a contagious illness.
Every four years I swear an oath that in part states “…do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Illinois…”. I cannot let the powers that be continue to impose their will on the people in violation of separation of powers, due process, and our most basic concepts of liberty and freedom for all. We need to live in a world with COVID-19…no doubt about it. But the basic ideals our country were established on and that people have fought so hard for over the past more than 200 years cannot be eroded in this way.”
New paragraph:
In addition, the Illinois Department of Public Health in 2015 published their emergency plans when dealing with contagious diseases such as influenza. Of particular importance to our present day discussion is the following excerpt in the IDPH’s own words:
“Quarantine (a period of isolation to prevent disease spread) is not effective in controlling multiple influenza outbreaks in large, immunologically nave populations, because the disease spreads too rapidly to identify and to control chains of transmission. Even if quarantine were somewhat effective in controlling influenza in large populations, it would not be feasible to implement and enforce with available resources, and would damage the economy by reducing the workforce. Most people will voluntarily quarantine themselves in their home.”
I confirmed that is on the IDPH website and downloaded it as well.
Bottom line is as it stands at this moment, the extension of the stay-at-home order will not be prosecuted or enforced in Woodford County. People, not government, need to determine what is best and safest for them, their loved ones, and the community around them. If that means staying at home, then they should. If that means going back to work and opening restaurants and bars and stores, then they should.”
Gregory M. Minger
State’s Attorney
Woodford County, Illinois
115 North Main Street
Eureka, IL 61530
309-467-3212