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Monday, May 18, 2020

IDPH Files Emergency Rule Regarding Enforcement of Stay at Home Order and Certain Businesses

UPDATE: On May 20, 2020, during a Joint Committee on Administrative Rules (“JCAR”) meeting, the IDHP Deputy Chief of Staff confirmed that IDHP will repeal the emergency rule filed on May 15, 2020.

According to recent news reports, on Friday, May 15, 2020, the Illinois Department of Public Health (IDPH) filed emergency rule 690.40 establishing certain regulations pertaining to certain businesses, including restaurants and bars, gyms, salons and other non-medical personal care facilities. The rule also proposes that businesses that defy the Governor's Stay at Home Order (2020-32) could be charged with a Class A misdemeanor, which is punishable by a fine of $75 to $2,500. 

The IDPH's emergency rule is reprinted below:
Section 690.40 Pandemic or Epidemic Respiratory Disease – Emergency Provisions EMERGENCY

a) The State Department of Public Health has general supervision of the interests of the health and lives of the people of the State. As part of that general supervision, the Department has jurisdiction to address dangerously contagious or infectious disease outbreaks to protect the health and lives of the people of the State. The Department shall take means it considers necessary to restrict and suppress dangerously contagious or infectious diseases, especially when existing in epidemic form. (Section 2(a) of the Act)

b) In order to restrict and suppress the novel coronavirus SARS-CoV-2 that causes the coronavirus disease 2019 (COVID-19), a dangerously contagious and infectious respiratory disease in the form of a pandemic or epidemic, which is spread person to person in respiratory droplets released by a person infected with the disease, the Department implements the following restrictions and requirements:

     1) Businesses and establishments that serve food or beverages, including, but not limited to, restaurants, food buffets, self-serve areas, bars, taverns, pubs, wineries, breweries, or beer gardens, that operate under a permit or license issued by the State or local health authority, shall not allow indoor on-site consumption of food or beverages. Service shall be limited to drive-through, delivery, curb-side, or pick up only. Businesses and establishments located in airports and hospitals are exempt from the requirements of this Section.

     2) Businesses and establishments that offer indoor fitness, exercise, physical workout or non-medical wellness services, such as health clubs or centers, fitness clubs or centers, gyms, tennis clubs, swimming pools, shall not allow on-site indoor fitness, exercise, workout or non-medical wellness options to customers, including but not limited to, classes, personal training, or individual customer use of exercise equipment or facilities. Service shall be limited to the sale of retail goods via drive-through, delivery, or pick up only, or the use of exercise equipment or the indoor use of facilities for the recording and streaming of online classes and instructional videos only.

     3) Businesses or establishments that offer cosmetology, esthetics, nail technology, barber, tanning, body art, or similar non-medical personal care services, treatments, procedures or therapies shall not provide on-site services. Service shall be limited to the sale of retail goods via drivethrough, delivery, curb-side, or pick up only.
c) Any person who violates the provisions of this Section shall be subject to the penalties set forth in Section 8.1 of the Act.

 Post Authored by Eugene Bolotnikov and Julie Tappendorf, Ancel Glink


  1. So, will the next step be to see how the bipartisan JCAR (legislative branch) reacts to this move from the governor (executive branch)? I don't see it on JCAR's agenda for Wednesday, but I'd think they'd have to address this as THE hot button emergency rule right now.

    INFO: The JCAR Committee reviews this emergency rule and may file an objection and/or issue a suspension of this emergency rule. A Suspension of an emergency or peremptory rule, in conjunction with an Objection, stops the rule from being enforced based on JCAR's finding that the rule is contrary to the public interest, safety or welfare and/or that there is no legitimate reason for the agency to have used emergency or peremptory rulemaking. The rule cannot be enforced again until JCAR agrees to withdraw the Suspension, which may remain in effect up to 180 days. If not withdrawn by the end of that period, the Suspension becomes permanent.

    JCAR is a commission of 12 legislators that equally represent both houses of the General Assembly and both parties within those houses. They continue to meet regardless of IL Legislation being in session.

  2. I had heard that this emergency rule could go before JCAR on Wednesday, but I couldn't find any confirmation of that.