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Monday, November 23, 2020

Governor Issues EO Implementing Tier 3 Restrictions

We previously reported on the Tier 3 mitigation measures that took effect on Friday and that cover the entire State of Illinois. Since the Governor's press release about the new restrictions, he issued the Executive Order 2020-73 that provides further details about the new restrictions, including guidance on some government functions and activities that will be of interest to our readers.

EO 2020-73 does not replace the Restore Illinois plan or the Tier 3 mitigation measures, so those restrictions and guidelines should be consulted as well. To the extent there is any conflict, EO 2020-73 expressly states that the more restrictive standards will apply.

The EO includes the restrictions on various businesses and activities as we described in our previous blog post about Tier 3. There are a few additional regulations and restrictions, many of which are summarized below:

Social Distancing & Face Coverings

The EO continues to mandate that people maintain a six foot distance from other individuals and wear face coverings in public places and where distancing cannot be met. 


The EO prohibits indoor gatherings of more than one household. Outdoor gatherings are prohibited to 10 people. The EO encourages people to conduct activities outdoors wherever possible.

Business Activities

We summarized the Tier 3 restrictions for businesses (retail, manufacturing, office, fitness, recreation, etc.) previously, so encourage you to revisit that blog post.


The EO contains four exemptions, summarized below. For more information about each of these exemptions, you should consult the EO.

1. Free exercise of religion. The EO does not limit the free exercise of religion. However, the EO strongly encourages religious organizations to consult and follow recommended guidelines from the IDPH, including offering online, drive-in, or outdoor services and limiting services to 10 people. 

2. Emergency functions. The EO exempts first responders, EMS, dispatchers, court personnel, law enforcement and corrections, child protection and child welfare personnel, housing and shelter personnel, military, and other governmental employees working for or to support the emergency response.

3. Governmental functions. The EO exempts the federal government. It also exempts services provided by the state or any municipal, township, county, subdivision, or agency of government that are needed to ensure the continuing operation of the government agencies or to provide for or support the health, safety, and welfare of the public.

4. Election-related functions. The EO does not apply to activities related to the November 2020 election, including the meeting of presidential electors related to the Electoral College. The EO does not apply to township or municipal caucuses, and the EO expressly states that nothing in the EO prohibits caucuses from being held virtually or outdoors. 


The EO states that it can be enforced by state and local law enforcement pursuant to the Illinois Emergency Management Act. 

No Limitation on Authority

The EO expressly states that it is not intended to alter or modify any existing legal authority that would allow a county or local government to enact stricter provisions than those in the EO.


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