Relief ahead for restaurants and bars in McHenry County

MCHENRY COUNTY – Restaurants and bars have been reeling in McHenry County from the shutdown this spring because of COVID-19, but many had wrestled their way back over the past few months with the help of their loyal customers. Today, “devastation” is the word you’d hear John Dickson use to describe further restrictions in McHenry County as a result of a spike in COVID-19 positivity. Dickson had represented 37 restaurants and bars from Huntley to Hebron in McHenry County Court. These establishments are affected by Governor JB Pritzker’s latest order to reduce the spread of coronavirus. The order shuts down any customer indoor dining at restaurants and bars and limits in-person gatherings to 25 people.

Dickson of the Dickson Law Group in Crystal Lake argued before Judge Thomas Meyer on October 30 as he tried to seek relief from the court. Restaurants including BBQ King Smokehouse and Papa G’s of Huntley were part of a 78-page lawsuit filed by Dickson. He had hoped Meyer would cite on behalf of the restaurants and bars and issue a temporary restraining order for relief from Pritzker’s mitigation rules.

Dickson says his heart goes out to his clients.

“I filed this lawsuit on their behalf because someone had to stand up for them. The service they provide to our community is immensely valuable to me. Our community needs them. They barely survived the three-month shutdown this spring, many of them will not survive the shutdown starting on Saturday, October 31,” Dickson said. “The owners of these restaurants are our friends and neighbors, and it is heart wrenching to have to see them have to deal with the difficulties of COVID-19, just like you and me, and to lose their livelihoods on top of it all.”

Within the next few days, Dickson will speak to all his clients to determine what direction the restaurant and bar owners would like him to take.

“I do not know at this point if I agree with the judge’s ruling today, but I respect it for being well reasoned and thoughtful. Judge Meyer expressed genuine and heartfelt concern for my clients’ struggles,” Dickson said.

The question for the court was the scope and meaning of the governor’s authority to force his emergency powers on the restaurants and bars which are not to exceed 30 days. Meyer had to reason whether the governor has the authority to continue to extend the use of emergency powers beyond the initial 30 days as explained in the opinion and order of the court.

In the case of COVID-19, the “disaster” as Meyer wrote, has never fully abated, it has merely waxed and waned. The court is referring to Region 9 (McHenry County and Lake County) currently having an 8 percent positivity rate. According to Resume McHenry County, the region’s 7-day rolling average for test positivity exceeded the 8 percent threshold for three consecutive days. Meyer said, “The order is not merely an extension of the original one, but essentially a new one based on conditions related to the increased positivity rate.”

However, clearly Meyer noted that the Governor does not have the authority to reissue the same executive order in perpetuity simply because an ongoing disaster exists.

In conclusion, Meyer said of the court findings, “The Governor’s executive order was within the authority granted and finds that the plaintiffs (restaurants and bars) have not established a likelihood of success on the petition for a temporary restraining order and same must be denied,” Meyer said.
Among the list of restaurants and bars were Union’s Clasen’s Tavern; Lake-in-the-Hills’ Woods Creek Tavern and Dino’s Pizza & Pasta; and Algonquin’s Bold American Fare, Cattleman’s Burger and Brew, Burnt Toast II, Bubs Subs, and Cucina Bella.

At this writing, it’s not yet known whether the restaurants and bars in the suit will ask Dickson to appeal the ruling.