Peoria Standard

Illinois Leaks is alleging that a letter recently sent by the Peoria City-County Public Health Department is an overstep of the department’s powers, and may amount to criminal intimidation.

A post on the Illinois Leaks website alleges a letter sent by the health department to a local restaurant stating that it has violated Gov. J.B. Pritzker’s executive order banning indoor dining contains misinformation. The contention of authors Kirk Allen and John Kraft is that the executive order has no provision for it to be enforced by a health department.

Additionally, Allen and Kraft argue that the state’s Emergency Management Agency Act does not imply powers created by the act apply to “a local government entity created by statute.”

In addition to those contentions, the Illinois Leaks post takes issue with the term “good standing” used by the health department in its warning that an establishment must keep gatherings to fewer than 10 people in accordance with social distancing guidelines in order to “remain in good standing with the Peoria City/County Health Department, the County of Peoria, and all other local and state regulatory authorities.”

Allen and Kraft counter that there is no “good standing” provision specifically enumerated in law.

Additionally, the authors take issue with the lack of enumeration of the due process involved in a warning that failure to abide by COVID-19 guidelines could result in an order from the health department for the establishment to close.

Additionally, the authors allege the warning by the health department that law enforcement may become involved if needed to enforce a closure order, as well as the potential for criminal penalties for the establishment, amounts to official misconduct and criminal intimidation.

Their basis for the allegations is their claim that the health department has yet to demonstrate the level of public health threat required for the involvement of law enforcement.