Kenneally Says He Will Not Enforce Indoor Dining Rules, Questions Authority of Governor’s Executive Order

From the McHenry County State’s Attorney:


The McHenry County State’s Attorney’s Office will not be enforcing Governor Pritzker’s executive orders banning indoor dining.

In making this decision, we could not avoid considering the nature of these executive orders.

Patrick Kenneally addressing supporters at his 2017 fundraiser.

First, there is no provision in the executive orders or the Illinois Emergency Management Act requiring or even authorizing the State’s Attorney’s Office to enforce these orders.

Second, there is the legitimate question, currently being litigated, as to whether the executive orders, which require the Governor to exercise “emergency powers,” are authorized under Illinois law or otherwise constitutional.

The legitimacy of the Governor exercising “emergency” powers, going on ten months now, could have been easily answered by the Illinois Legislature.

To date and despite having ample opportunity, the Legislature has offered nothing.

In other words, the People’s representatives, charged with advancing the will and interests of residents, have yet to consider or legislate on one of the most important issues this State has ever faced.

Rather, the Governor has taken it upon himself to unilaterally make “laws” by executive order – without any identifiable criteria or process – that drastically impact the day-to-day lives and constitutional rights of every Illinois resident and then execute those laws.

This is a dangerous combination in a constitutional republic.

As such, we cannot in good conscience enforce the ban on indoor dining, which may result in hundreds of McHenry County businesses permanently being shuttered, without some definitive validation by the Legislature or courts of the Governor’s continued use of “emergency” powers.

That said, the McHenry County State’s Attorney’s Office will uphold and enforce all other related administrative rules, ordinances, and statutes.

This would include 77 Ill. Admin. Code 690.50, which was lawfully promulgated by the Illinois Department of Health.

This rule established limits on business occupancy and requires business
employees and customers to wear masks and maintain at least a six-foot social distance at all other times.

We would note further that violators of executive orders may face consequences from other, independent government agencies, which would include, but are not limited to,

  • the Illinois State Police
  • the Illinois Attorney Genera
  • the Illinois Liquor Control Commission, and
  • the Illinois Gaming Board.


Kenneally Says He Will Not Enforce Indoor Dining Rules, Questions Authority of Governor’s Executive Order — 18 Comments

  1. I don’t understand. How is the even an real issue?

    The state’s attorney’s office is NOT an enforcement agency.

    This is a psyop piece as Cal stated in the opening paragraph.

    Keneally should have no opinion on this whatsoever.

    Why are we hearing what his opinion is?

    Who cares?

  2. Is this his idea of exhibiting bravery?

    He couldn’t enforce these unConstitutional exec orders anyway.

    They are NOT laws!

    Why come out with this NOW and not when it mattered?

    Maybe he figures he no longer has to waste time working on Jack Franks projects to damage the county and bully business owners.

    Kenneally, too late to the party and empty handed.

  3. Cindy, the States attorney’s office decides which cases they will prosecute.

    The Sheriffs office already said they will not enforce Pritzkers draconian attempts to shut down businesses.

    So if there are no arrests, the States Attorney’s office does not have to prosecute.

    He’s basically backing up the Sheriff.

  4. Cindy, it’s quite simple.

    He is the prosecutor and, as we have seen with Algonquin Twp, if he doesn’t wish to prosecute, it will not be done.

    The sheriff and municipal police can charge all the folks with violating FatAss’s order they wish, but if the state’s attorney says that he will not prosecute, the arrest is a waste of time.

  5. This is how weird the world has become: “Cindy” and Mr Kenneally agree and both are right.

  6. Pritzker has never had the authority, nor will he.

    Any business that shuts down voluntarily deserves to be closed for good.

    I will only support businesses that defy the fake orders from Lord Jumbo Boy.

    Also, 77 Ill. Admin. Code 690.50 should not be followed just because the JCAR made up some new bogus “administrative code” this year about how you are allowed to do business.

    That nonsense should not be enforced and you should boycott any business that capitulates.

    FYI: That 150 days from August 7 is running out fast.

    We are at 111.

    Each step is a way to incrementally demoralize and remove rights from the people in tiny little pieces.

  7. There are 35 days left in 2020.

    Fatso has 39 days left.

    They will all remain disbanded for the holidays and “covid risk”.

    Fall veto session was cancelled until January.

    Don’t let them bully you and try to keep you from operating your businesses.

  8. President elect? I have already boycotted anyone that fell for this crap. Anyone that ran and hid and put out false information about a fake virus? Yes. Even anyone that emailed me with words about this fakery. They have lost my business forever. They don’t deserve to even have a business when they are that stupid.

  9. Kenneally is a grandstanding narcissist like his buddy Franks.

    We trust that good Republicans like Tirio, Buehler, Teresi, Rein, Kearns, and Thorson understand this and act accordingly.

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