The following restaurants and bars are suing to invalidate Governor JB Pritzker’s mandate that they stop serving food inside:

• 251 PUB, INC d/b/a WOODS CREEK TAVERN, an Illinois corporation
• 750 CUCINA RUSTICA, LLC, an Illinois limited liability company;
• 804 ENTERPRISES, LLC d/b/a D.C. COBBS OF WOODSTOCK, an Illinois limited liability compan
• ANDY’S RESTAURANT OF CRYSTAL LAKE, LLC, an Illinois limited
  liability company;
• BACON AND EGGS, INC. d/b/a TONY’S CAFÉ, an Illinois corporation;
• BBQ KING SMOKEHOUSE HUNTLEY, INC.
  d/b/a BBQ KING SMOKEHOUSE HUNTLEY, an Illinois
  corporation;
• BBQ SMOKEHOUSE, INC. d/b/a BBQ KING
  SMOKEHOUSE WOODSTOCK, an Illinois corporatio
• BOLD AMERICAN FARE, LLC, an Illinois limited liability company;
• BUDDYZ MCHENRY, INC. d/b/a BUDDYZ PIZZA OF MCHENRY,
  an Illinois corporation;
• CARY ALE HOUSE & BREWING COMPANY, LLC, an Illinois limited liability company;
• CARY TRACKS, INC. d/b/a THE TRACKS BAR & GRILL, an Illinois
  corporation;
• CATTLEMANS BURGER & BREW, INC. d/b/a CATTLEMAN’S BURGER AND BREW, an Illinois corporation;
• CLAUSENS TAVERN, INC., an Illinois corporation;
• DC COBBS MCHENRY, INC. d/b/a D.C. COBBS OF MCHENRY, an Illinois
  corporation
• DINOS ENTERPRISES, LLC d/b/a DINO’S PIZZA & PASTA, an Illinois limited liability company;
• EMMA RIBAR, INC., d/b/a KIM AND PATTY’S CAFÉ, an Illinois corporation
• FIRE BAR INCORPORATED, an Illinois corporation;
• HART’S SALLON, LLC d/b/a HARTS SALOON, an Illinois limited liability company;
• CSP ENTERTAINMENT, INC. d/b/a THE HIDDEN TAP, an Illinois
  corporation;
• H&N HOLDINGS, LTD, d/b/a BURNT TOAST II, an Illinois corporation;
• KATLO, INC. d/b/a PUBLIC HOUSE OF WOODSTOCK, an Illinois corporation;
• KELSEY NO. 3, LLC d/b/a METALWOOD GRILLE, and Illinois limited liability company;
• KOLATORI, INC., d/b/a CUCINA BELLA, an Illinois corporation;
• MAJESTY INVESTMENTS, LLC d/b/a THE COTTAGE, an Illinois
  limited liability company;
• MARPAUL, LLC d/b/a THE CABIN, an Illinois limited liability company;
• OFFSIDES SPORTS BAR & GRILL, INC., an Illinois corporation;
• ORIGINAL BUBS SUBS, INC. d/b/a BUBS SUBS, an Illinois corporation;
• PABLO’S FAMILY FIESTA, INC., an Illinois corporation
• ROSATIS OF HARVARD, INC. d/b/a ROSATI’S HARVARD, an Illinois corporation;
• RUMORS SPORTS BAR & GRILL, LLC d/b/a HOOPS SPORTS BAR & GRILL, an Illinois limited liability company;
• STUCKY’S BAR & GRILLE, INC., an Illinois corporation;
• T.S.T.A., INC. d/b/a PAPA G’S RESTAURANT OF HUNTLEY, an Illinois corporation;
• THEOFANOUS BROTHERS, INC. d/b/a AROUND THE CLOCK
• RESTAURANT, an Illinois corporation;
• TOWN TAP, LLC d/b/a BENTON STREET TAP, an Illinois limited liability company;
• WEISEGUYS, LLC d/b/a THE BREAKERS, an Illinois limited liability company;
• WHISKEY AND WINE, LLC, an Illinois limited liability company;

Note what seems to be the lack of nationally-owned restaurants.

The suit notes that Governor JB Pritzker has issued nine “disaster” proclamation, which expire 30 days after issuance.

The restaurants and bars are challenging the Governor’s contention that his orders do not expired in 30 days.

The complaint contends that the Illinois Department of Public Health must obtain court permission “to order Plaintiffs’ businesses to be closed and made off limits to the public.”

Noted is the fact that local courts have been open since mid-July and the Illinois Public Health Department has not filed for court permission to do what the Governor has announced.

The lack of due process is brought into play:

Plaintiffs have been denied these due process rights because prior to the closure order

– they were not given written notice, they were not given written notice informing them of the right to court-appointed counsel if indigent,

– they were not given written notice of the reason for closure

– they were not given notice of the time frame to challenge the closure order, and

– they were not given notice of the anticipated duration of the closure.

Besides violating the 30-day limit set in State law for the exercise of emergency powers, the suit argues the Governor has violated the separation of powers by ignoring the Illinois General Assembly.

“The Governor has usurped the Legislature’s power by enacting successive
disaster declarations for the same ‘disaster,’ when the Legislature limited his emergency powers to 30 days,” the suit says.

Due process has been denied as well:

“The Governor has denied Plaintiffs their due process of law by summarily
ordering all bars and restaurants in Region 9 to be closed without abiding by the law and respecting the protections afforded to them by the law.”

John P. Dickson of Crystal Lake is the attorney in the case.

Associate Judge Thomas Meyer has been assigned the case.

He will hear it at 10 AM in Room 201.