The Illinoize

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Many Suburban Communities Not Enforcing Bar and Restaurant Rules

Rep. Brad Stephens (R-Rosemont), who is also Mayor of the small yet influential community, is sworn in as State Representative in 2019. He says the village has no authority to enforce Governor JB Pritzker’s bar and restaurant indoor dining restrictions.

On a cold Saturday night a few weeks ago, patrons inside the Moretti’s restaurant in Rosemont were packed to the doors. Most were not wearing masks and there was little to no visible social distancing taking place.

Whether the incident was isolated or ongoing, it appears many suburban Cook County communities are not helping the Cook County Department of Public Health enforce Governor JB Pritzker’s executive order banning indoor bar and restaurant service.

In Rosemont, the community of only around 4,200 residents has an outsized influence due to a large convention center, hotels, Allstate Arena, and proximity to O’Hare International Airport. Numerous restaurants have followed the guidance set forth by the state, but clearly some haven’t.

The owners of Moretti’s restaurants did not return a message from The Illinoize Monday.

In a statement issued to The Illinoize Monday night, Stephens says it isn’t the job of his staff to enforce the Governor’s executive orders.

“Rosemont does not have authority to enforce the Governor’s Order but at the same time we have not told anyone to ignore it. Businesses and residents are capable of making their own informed decisions,” Stephens said. “One thing is certain however and that is that the economy has suffered a great deal. Ultimately it is up to each establishment to decide whether to open or close, decisions which are not made lightly given the enormous logistical and economic challenges they face.”

Rosemont isn’t the only suburban community choosing not to enforce the Governor’s orders.

Orland Park Mayor Keith Pekau has been an outspoken critic of the Governor’s public health orders.

He told FOX 32 in November he believed local governments couldn’t enforce the orders.

“Specifically local government agencies are not allowed to...so we will not be violating the law... that’s his job," said Pekau.

Pekau did not return a message from The Illinoize Monday.

It’s a common refrain.

"The governor has issued the order, but we don't believe we have the legal authority to enforce it," said Brookfield Village President Kit Ketchmark told a local newspaper in November.

Mayors from Berwyn, Itasca, Mount Prospect, and Morton Grove in Cook County and Libertyville in Lake County also publicly announced they would defy the Governor.

Constitutional experts have said that the Governor’s authority is an “open question,” but has, thus far, held up in court. Others have said local police have been granted authority to arrest and issue monetary citations to those found in violation of the COVID-19-related law in the state.

Some communities, like Park Ridge, started issuing fines to restaurants open in violation of the Executive Orders. Oak Park and Niles have also reportedly fined offenders. Des Plaines officials said they would enforce the mandates, but only if a violating restaurant or bar were reported to the city.

We asked the Governor’s office for a response to the statements about the authority to enforce the orders, but we did not hear back Monday night.

Patrick Pfingsten

@pfingsten1 patrick@theillinoize.com