Rockford Sun

A second Illinois Republican has filed a lawsuit against Illinois Gov. J.B. Pritzker’s stay-at-home order. Rep. John Cabello (R-Machesney Park) filed his lawsuit in Winnebago County Circuit Court, on behalf of himself and all Illinois residents who are subjected to the order.

“We want to start doing what’s right for taxpayers,” Cabello said. 

He had not requested a temporary restraining order as of April 29 but said that he could.

The difference between Cabello’s lawsuit and the one filed by Rep. Darren Bailey (R-Xenia) is that Bailey asked for a temporary restraining order blocking the state from enforcing the stay-at-home order against him, specifically. Cabello’s suit was written to be open to all Illinois residents.

“We need to do something to get back to our normal American way of life,” Cabello said on April 28. “This isn’t going to force people to leave their homes. Anyone who wants to abide by the recommendations can. I want to find out if [the governor’s executive order] is constitutional.”

In his complaint, which is approximately 176 pages, Cabello notes that the original executive order was effective March 21-April 7, and that in the April 1 extension and proclamation, “The only basis for which a 'continuing'  disaster proclamation was even required, for the exact same disaster, is that Pritzker placed an arbitrary 30-day expiration date on the March 9 proclamation.”

Cabello notes that the April 1 order restrained all persons similarly situated, restricting their movement to leave their homes and restricting the activities for which they might engage for a period of time from March 21-April 30, 2020, as a direct result of the COVID-19 pandemic which was declared a disaster March 9.

The Illinois Attorney General’s Office has filed a notice to appeal and expects to file a brief with the appellate court.

Cabello’s suit is scheduled to be heard May 6.