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FOX FIRE TAVERN, LLC v. PRITZKER

Nos. 2-20-0623 & 2-20-0627 cons.

161 N.E.3d 1190 (2020)

2020 IL App (2d) 200623

FOX FIRE TAVERN, LLC, d/b/a FoxFire, Plaintiff-Appellee, v. Jay Robert PRITZKER, in His Official Capacity as Governor of the State of Illinois, The Department of Public Health, and The Kane County Health Department, Defendants-Appellants.

Appellate Court of Illinois, Second District.

Motion to Publish Granted November 13, 2020.

Opinion filed November 13, 2020.

Attorney(s) appearing for the Case

Kwame Raoul , Attorney General, of Chicago, and Joseph H. McMahon , State's Attorney, of Geneva ( Jane Elinor Notz , Solicitor General, and Thomas Verticchio , Sarah A. Hunger , Jonathan J. Sheffield , and Evan Siegel , Assistant Attorneys General, and Erin M. Brady , Assistant State's Attorney, of counsel), for appellants.

Kevin L. Nelson , of Myers, Earl & Nelson, P.C., of Geneva, for appellee.

Gabriel K. Gillett , of Jenner & Block LLP, of Chicago, for amici curiae Illinois Restaurant Association and Restaurant Law Center.

OPINION

¶ 1 On October 21, 2020, the governor, Jay Robert Pritzker, issued Executive Order 2020-61 (EO61), which imposed certain restrictions on dining establishments in four counties, including Kane County. On October 23, 2020, plaintiff, Fox Fire Tavern...

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