Governor JB Pritzker has spent weeks harping on local officials to enforce his mitigations, including the closure of bars and restaurants to indoor service. But law enforcement officials from around the state say it either isn’t their job, or too complicated of a job, for them to enforce.

Last month, DuPage County State’s Attorney Bob Berlin told the Daily Herald police and public health departments would go through him for enforcement.

Police or other enforcement agencies would first have to present their information to the DuPage County Health Department. The health department would investigate, and if health officials want to proceed with legal action, they would ask the state's attorney to do so.

Berlin said there is no criminal statute that covers the matter.

The Illinoize reached out to more than half of county sheriffs around the state, and many of those we heard from reiterated Berlin’s sentiment.

Grundy County Sheriff Ken Briley says there is no legal mechanism to enforce the Governor’s order.

“After consultation with the Grundy County State’s Attorney, he has been clear, there is no mechanism for law enforcement to enforce the Governors EO,” he says. “We believe this is a health department issue requiring due process regarding the licensure issued by the state, county, or municipality.”

Sergeant Chris Covelli of the Lake County Sheriff’s Office says the health department in that county is tasked with enforcement.

“They have the ability to obtain a court order, if needed,” said Covelli. “There is no current criminal violation that law-enforcement can charge. Because this is a public health crisis, mitigations implemented fall under the purview of the health department’s environmental health division.”

In tiny Menard County in west-central Illinois, Sheriff Mark Oller is also deferring.

“My office is not enforcing restaurant closures or investigating complaints regarding masks,” he says. “There is no remedy in the law that gives me the authority to close a bar or restaurant. Closure of bars and restaurants are a matter for the department of public health and the courts. If the health department had lawful authority or a court order and requested assistance in closure of a business, we would offer our assistance. I have discussed these matters with our state’s attorney, and he concurs with my assessment.”

UPDATE (1:15 P.M):

Fayette County Sheriff Chris Smith:

“We have not had any complaints of issues here so far. The Health Department would be in charge in we had a complaint.”

Woodford County Sheriff Matt Smith (who we assume is no relation to the Fayette Co. Sheriff):

“The Woodford County Sheriff’s Office is not actively enforcing Governor Pritzker’s Executive Order for face masks or restaurant closures. Any complaints received regarding a restaurant open or a person not wearing a face mask are being directed to the Health Dept. If an establishment won’t comply, the Health Department can request from the States Attorney a court order. At that point the decision is up to the States Attorney to file with the court. And the Judge to decide if a court order will be issued. If I receive an Order from the Court, then of course I will act as directed by the court order.”

Crawford County Sheriff Bill Rutan:

“My local business owners can not afford another closure. We are leaving it up to the local business owner if they want to require masks or not. If they do require and someone does not want to wear one, we will assist in asking them to leave, but that is up to the owner, or manager, to request. The executive order is an order, not a law. My deputies have been instructed not to cite anyone for not mandating masks in their business. We will assist the local health department when a person will not quarantine when they test positive, and will pursue charges for that. I could go on all day, but in short, we are not enforcing the governors order, and support our local businesses.”

Crawford County has had among the highest positivity rates in the state in recent weeks.

—-

UPDATED (11/16 9:56 A.M.):

Perry County Sheriff Steve Bareis says his agency is deferring to Illinois State Police.

“We have opted to allow the Illinois State Police to take enforcement of the Governor's order,” he said. “We will serve as an investigative authority on complaints and make a referral. We are a small agency and do not have the personnel adequate to this enforcement.”

—-

UPDATED (11/16 2:37 P.M.):

Sheriff Karl Groesch of Brown County in western Illinois echoed many colleagues.

“Our office doesn't take proactive enforcement measures regarding the mask and restaurant executive orders. Any complaints received are documented and forwarded to the Brown County Health Department and the State's Attorney for review,” he said."

—-

We spoke to Julie Pryde, Administrator of the Champaign-Urbana Public Health Department, who says hearing law enforcement pass off enforcement responsibility is disappointing.

“They can and they should [do more],” she said. “Health departments can only do so much. The health departments around most of Illinois do not have support and the numbers show that.” 

A state rulemaking panel did approve fines and citations for the Governor’s mask mandate and other executive actions. Pritzker did ask State Police to enforce the rules, but with fewer than 2,000 troopers statewide, ISP lacks the manpower to stop bars and restaurants from serving indoors.

But most county sheriffs we spoke to were in agreement on what they see as a lack of authority from the Governor’s office.

Jo Daviess County Sheriff Kevin Turner says his deputies aren’t enforcing the Governor’s orders. DeKalb County Sheriff Roger Scott says that agency isn’t issuing citations.

“Our policy continues to be if we get a citizen complaint we will talk with and take a report from the complainant and talk with the business owner,” he said. “We will forward the report to our States Attorney’s Office and our Health Department, other than that we are taking no further action.”

Kane County Sheriff Ron Hain agreed.

“We are not enforcing because there is no legal way for us to directly enforce,” he said. “We are working with the Health Department to do checks on the businesses and encourage compliance. If multiple, repeated, and egregious violations occur, we report that back to the Health Department, who will seek a closure order from a judge.”

The Governor has repeated in recent weeks that bars and restaurants often appear in contact tracing reports as a place where those who are infected congregate.

Pritzker has been critical in recent days of local officials who aren’t enforcing the Executive Orders.

His office did not return a request for comment Thursday evening.

Patrick Pfingsten

@pfingsten1 patrick@theillinoize.com