Illinois Liquor Control Commission Releases Updated COVID-19 Guidance

Illinois Liquor Control Commission Releases Updated COVID-19 Guidance

  Tuesday, June 02, 2020    Julie Tappendorf

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The Illinois Liquor Control Commission released an updated FAQ on COVID-19 compliance that reflects guidance on changes to be implemented in Phase 3 of the Restore Illinois plan. You can access the updated FAQ here. Several important Q&A’s relating to best practices for liquor control commissioners and staff are listed below.

May a local liquor commissioner extend or designate an outdoor dining and/or drinking area?

• Yes, the local liquor control commissioner can extend or designate an outdoor dining and/or drinking area to include a attached public sidewalk, beer garden, patio, adjacent public street, private parking lot, or similar outdoor area that isn’t usually designed for eating and drinking. 
• If the local liquor control commissioner  does not require additional licensing for outdoor eating and/or drinking, then there is no requirement to file a State Special Use Permit application to extend the licensed address. 
• A local liquor control commissioner  may designate government-owned property as an outdoor dining and/or drinking area if provided by ordinance 
• If authorized by local rule or ordinance, a local liquor commissioner may grant an exception to the 100 foot rule prohibition (no alcohol sales within 100 feet of a church, school, hospital, home for aged or indigent persons or veterans (or their spouses and children), or military or naval stations).
• Outdoor drinking and dining areas authorized by local governments should ensure proper social distancing of six feet between each customer table, parties must be 6 persons or fewer, and all food or drinks must be prepared by licensed food or liquor establishments.

What is the best way for a local liquor control commissioner to extend or designate the outdoor dining and/or drinking area?

The local liquor control commissioner should:

• Review and approve all extended or designated outdoor dining and/or drinking areas;
• Require licensees to submit a site plan and floor plan showing all borders of the outdoor dining and/or drinking area;
• Require the licensee to post the site plan and floor plan within the outdoor dining and/or drinking area;
• Require the licensees to create temporary physical barriers around the perimeter of the extended dining and/or drinking area; and
• Communicate in writing that the extended dining and/or drinking area has a specific termination date (15 days after the first day of Phase 4, or the last special use day authorized by the local liquor control commissioner, whichever occurs first).

Am I required to file an Illinois Liquor Control Commission Special Use Permit for Phase 3 privileges?

There is no requirement to file a state special use permit application to extend the licensed address as long as the local liquor control commissioner  does not require additional licensing for outdoor eating and/or drinking. 

Other important notes:

• No alcohol tastings are permitted. 
• Private meetings, events, and weddings are not permitted unless the party is in an outdoor dining and/or drinking area and is for 6 people or fewer. No exceptions are made if the event brings their own alcoholic beverages. 
• Hotel restaurants may continue to provide room service, carry out, and outdoor food consumption.
• No video gaming is allowed pursuant to an order issued by the Illinois Gaming Board

As we previously reported, the General Assembly recently sent legislation authorizing “to-go” cocktails to the Governor for consideration. There may be further guidance from the Liquor Control Commission once the Governor signs this bill in to law, as expected.

Post authored by Catherine Coghlan and Daniel J. Bolin, Ancel Glink

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Update on COVID 19 Restrictions on Places of Worship

Update on COVID 19 Restrictions on Places of Worship

  Monday, June 01, 2020    Julie Tappendorf

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As we reported last week, last Friday, Governor Pritzker issued Executive Order 2020-38, which expressly exempts the free exercise of religion from the EO's requirements. Unlike the Governor’s prior Stay at Home Order that limited religious gatherings to 10 people (which expired on May 29, 2020), the new EO only encourages, but does not require faith leaders, staff, congregants or visitors to follow the IDPH recommendations on best practices for religious services. 

On May 28, 2020, the Illinois Department of Public Health (IDPH) published recommended practices for places of worship and religious service providers. The recommendations include suggestions for reconfiguring places of worship for social distancing, cleaning and disinfecting protocols, physical distancing guidelines, temperature screenings, and other individual control measures. Notably, the recommendations also endorse certain best practices for in-person services, although the IDPH strongly recommends remote and drive-in services as safer options, “particularly for those who are vulnerable to COVID-19 including older adults and those with co-morbidities.” 

A summary of the IDPH guidelines is below:

Safest Options—Remote and Drive-In Services

The IDPH advises that remote services through online streaming, radio broadcast, and/or telephone or dial-in, is the safest method to avoid COVID-19 transmission. For drive-in services, the recommended best practices include congregants who live together to travel together and remain inside the vehicle at all times, and maintain more than 6 feet of distance between cars. 

Relatively Safe Option—In-Person Outdoor Services in Small Groups of 10 People of Less

Although the IDPH recommends remote and drive-in services as the safer options to mitigate the spread of COVID-19, the IDPH does provide recommendations to places of worship that choose to resume or expand in-person activities. The IDHP recommends outdoor services in small groups of 10 people or less as a safer option than indoor services. Recommended best practices for in-person services include congregating persons from the same household to sit together and at least 6 feet apart from other congregants and groups, wearing face coverings, regularly sanitizing restrooms, and maintaining sufficient amounts of soup and hand sanitizer. 

Guidance for In-Person Indoor Activities 

For indoors services, the IDHP recommends limiting in-person services to small groups of 10 people or less for special events (weddings, funerals, baptisms, etc.), or limiting in-person activities to private prayer and worship. Where the 10-person limit cannot be followed, the IDPH encourages places of worship to limit attendance to 25% of the building’s capacity or 100 attendees, whichever is lower. Other recommendations for in-person services include: gradually increasing capacity limits to enable places of worship to improve safety protocols, testing and social distancing plans, conducting multiple small services instead of one large service, considering reservation systems to limit capacity, assigning seats to ensure social distancing and developing plans for how congregants can safely enter and exit seating areas, staggering small separate services for certain groups, such as for the elderly and vulnerable and congregants with small children who will have difficulty social distancing, and allowing contact tracing for confirmed COVID-19 cases. 

Avoiding the Riskiest Activities

Since COVID-19 spreads primarily through respiratory droplets by person-to-person contact, the IDPH recommends avoiding or limiting certain activities at places of worship that pose a heightened of viral transmission. Instead of singing and group recitation and similar practices and performances, the IDPH recommends adopting silent recitation, using prerecorded music, or having a single singer in a separate area with speaker transmission. The IDPH also recommends discontinuing serving food and beverages. Additionally, the IDPH recommends waving or other greetings instead of greetings that break physical distance. Lastly, IDPH advises modifying or discontinuing certain rituals involving kissing, bathing, and other practices that encourages the spread of COVID-19.

Lawsuit Update

For those following the lawsuit filed by Elim Romanian Church against Governor Pritzker to challenge the State's restrictions on religious services, that case made its way to the U.S. Supreme Court last week. The U.S. Supreme Court denied the church's appeal, finding that the case was "moot" because the IDPH had issued its new guidance on May 28th that lifted the restrictions challenged by the church.

In a separate decision involving a California lawsuit filed by a place of worship, the Supreme Court found that California's restrictions on places of worship did not violate the First Amendment, holding that the state had a compelling government interest in protecting the health and safety of residents and that the state's restrictions did not treat places of worship less favorably than comparable assembly uses. 

Post Authored by Eugene Bolotnikov & Julie Tappendorf, Ancel Glink

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UPDATE: EO 2020-39 Addresses Remote Meetings (OMA)

UPDATE: EO 2020-39 Addresses Remote Meetings (OMA)

  Friday, May 29, 2020    Julie Tappendorf

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Thank you to a Municipal Minute reader for forwarding a copy of Executive Order 2020-39 that extends certain previous EO's, including the suspension of the in-person requirements for public meetings under the OMA. Pursuant to this new EO, EO 2020-07, as amended by EO 2020-33, is reissued and extended through June 27, 2020, or until SB 2135 is enacted and takes effect, whichever occurs first.

So, public bodies can move forward with remote meetings based on the previous EO, as extended by this new EO 2020-39.

There is a lot more to this EO which we will report on next week. 

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Governor Pritzker Issues New Disaster Declaration and Phase 3 EO

Governor Pritzker Issues New Disaster Declaration and Phase 3 EO

  Friday, May 29, 2020    Julie Tappendorf

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Yep, it's Friday, the day of the week we seem to get the most important and relevant information from the State of Illinois!

Today, Illinois Governor Pritzker issued a new Disaster Declaration over all counties in Illinois and a new Executive Order 2020-38 describing the new regulations for Phase 3 of the Restore Illinois Plan. The documents have not yet been posted on the state's website, but you can read the Declaration here and the Executive Order here. 

DISASTER DECLARATION

General Authorizations

The Disaster Declaration declares the entire state a disaster area due to COVID-19. It directs various state agencies, including the Department of Public Health (IDPH) and the Illinois Emergency Management Agency to develop and implement strategies and plans to address the impact of the pandemic on residents, including expanded testing. The Illinois Board of Education is directed to address any impact to learning during the pandemic. All state agencies are directed to cooperate with the Governor, other state agencies, and local governments in disaster relief operations.

Open Meetings Act

Important to local government bodies is Section 12 which addresses remote meeting attendance. Previously, the Governor had suspended certain provisions of the Open Meetings Act requiring in person attendance at meetings of public bodies by Executive Order 2020-07, as extended. This Disaster Declaration does not extend the previous EO on remote meetings and instead references Senate Bill 2135 that amends the OMA and the Governor's finding that the public health  concerns raised by the COVID-19 pandemic renders in-person attendance of more than 10 people at the regular meeting location not feasible. 

At the time this blog post was published, Senate Bill 2135 had not yet been signed, so hopefully that happens sooner rather than later to ensure that public bodies have the guidance they need to proceed with remote meetings.

PHASE 3 EXECUTIVE ORDER

Social Distancing

The EO continues the previous social distancing requirement that individuals using shared spaces outside of their residence should maintain social distancing of at least six feet from others who they do not live with. 

Face Coverings

The EO continues the previous face covering requirement for all individuals over the age of two when they are in a public place and unable to maintain a six foot social distance, with medical exemptions. The requirement applies to indoor spaces, as well as outdoor areas where maintaining a six foot social distance is not always possible.

Limits on Gatherings

The EO prohibits any gathering of more than 10 people unless exempt under the EO, and encourages remote gatherings.

Go Outdoors

The EO encourages residents to conduct activities outdoors, consistent with public health guidance that the risks of transmission of COVID-19 are greatly reduced outdoors.

Guidance for Businesses and Other Organizations

Consistent with the previously released business guidelines and toolkits, the EO establishes certain guidance for businesses allowed to reopen in Phase 3, including encouraging remote work where possible, requiring employees to wear face coverings and practice social distancing, among others. The EO includes the various categories of businesses and organizations covered by the more specific guidelines previously released by the state. 

Businesses and other organizations are encouraged to read both the EO and the specific guidelines tailored for their operations to ensure compliance with the new restrictions. These requirements may include designating six foot distances between employees and customers, providing adequate hand sanitizer products for employees and customers, separate operating hours for vulnerable populations, providing remote access where practical, and ensuring adequate face coverings and PPE for employees in certain cases.

Exemptions

The EO contains the following exemptions:

1. Free exercise of religion. The EO expressly states that it "does not limit the free exercise of religion." Places of worship are encouraged to follow the recommended practices and guidelines published by the Illinois Department of Health (we will be reporting on those next week, so stay tuned), which suggest drive-in or outdoor services.

2. Emergency functions. The EO exempts the activities of first responders, emergency management personnel, dispatchers, court personnel, law enforcement and corrections personnel, hazardous materials responders, child protection and child welfare personnel, housing and shelter personnel, military, and other governmental employees working for or to support emergency, although the EO encourages social distancing and other recommended public health measures.

3. Governmental functions. The EO provides that it does not apply to the US government, and does not affect services provided by the State or any municipal, township, county, subdivision or agency of government and needed to ensure the continuing operation of the government agencies or to provide for or support the health, safety and welfare of the public.

Enforcement

Like previous EO's, state and local authorities are authorized to enforce under the IEMA. 

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Upcoming Quorum Forum Podcast - "Live" Local Gov Legislation Update

Upcoming Quorum Forum Podcast - "Live" Local Gov Legislation Update

  Friday, May 29, 2020    Julie Tappendorf

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Ancel Glink's Quorum Forum Podcast will be "live" on Monday, June 1st at 5:00 p.m. for Episode 39: Local Gov Legislation with Rep. Chris Welch.  Information about the upcoming podcast and how to register is below:

The Illinois General Assembly recently concluded a socially-distanced special session unlike any other, sending lots of legislation affection local governments to the Governor. Join us for a web conference with Ancel Glink partner and State Rep. Chris Welch on Monday June 1, 2020 at 5 pm to discuss local government funding, remote meeting attendance, cocktails to-go, and more! 

Our conversation will be recorded for Ancel Glink's Quorum Forum podcast, so email us your questions about new local government legislation to podcast@ancelglink.com, and click here to register!

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General Assembly Sends Remote Meetings Bill to Governor

General Assembly Sends Remote Meetings Bill to Governor

  Thursday, May 28, 2020    Julie Tappendorf

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During the COVID-19 pandemic, many local governments have been meeting by audio or video conference without a physically present quorum, consistent with the executive orders signed by Governor Pritzker.

During its recently concluded special session, the Illinois General Assembly passed legislation that will help local governments hold meetings without a physically present quorum during a declared public health disaster, such as those related to COVID-19. If Governor Pritzker signs SB 2135, as expected, local governments may have to adjust their remote participation practices to ensure their meetings comply with the new law.

Under the bill, public bodies may hold open or closed meetings by audio or video conference without a physically present quorum under the conditions described below.

Preparing for the Meeting

Disaster Declaration Required

First, the Governor or the Illinois Department of Public Health must make a disaster declaration for all of part of the public body’s jurisdiction related to public health concerns. The recent Gubernatorial Disaster Proclamations related to COVID-19 would satisfy this condition while they are in effect.

Determination by Head of Public Body

Next, the president, mayor, chairman, or other person holding primary executive and administrative authority for the local government must determine that an in-person meeting would not be practical or prudent because of the disaster.

Notice to Public Body Members and News Media

The public body must notify its members, and the news media that requested notice of meetings, that the meeting will be held by audio or video conference without a physical quorum. The notice should also be posted on the public body’s website.

In the case of a bona fide emergency, notice should be given to the news media that requested notice as soon as practicable, but in any event prior to the holding of such meeting. The presiding officer must state the nature of the emergency at the beginning of the meeting.

Notice of Alternative Public Attendance

If the disaster makes physical attendance by the public unfeasible, the public body must make alternative arrangements that will allow any interested member of the public access to contemporaneously hear all discussion, testimony, and roll call votes, such as by offering a telephone number or a web-based link. Those arrangements should be included in the required notice.

Public Body Bears Costs

The public body must bear all costs associated with complying with the requirements for meetings by audio or video conference without a physical quorum. In other words, a local government should not use an audio or video conference service that charges members of the public to participate.

When the Meeting Starts

Record the Meeting

In general, local governments are not required to record their meetings, except for closed session. However, they must keep a verbatim record in the form of an audio or video recording for meetings without a physical quorum. These recordings must be made available to the public and are otherwise subject to the Act’s provisions regarding maintenance, review, and destruction of closed session recordings.

Minimum Physical Presence, if Feasible

Unless the disaster makes it unfeasible, at least one member of the public body, the chief legal counsel, or the chief administrative officer must be physically present at the regular meeting location.

Make Sure Participants Can Hear One Another

The public body should verify the participating members and make sure they can hear one another and all discussion and testimony. The public body should also make sure that any physically present members of the public can hear the discussion and testimony.

The reference to “testimony” suggests the General Assembly intended to facilitate public hearings without a physically present quorum.

Determine a Quorum

Each member of the body participating in a meeting by audio or video conference should be considered present for purposes of determining a quorum and participating in all proceedings.

During the Meeting

Roll Call Votes Required

All votes should be done by roll call during a meeting without a physical quorum, so each member’s vote can be identified and recorded.

Minutes and Public Comment

Meetings without a physical quorum are still subject to the requirements of Section 2.06 of the Open Meetings Act. In addition to complying with closed session verbatim recording requirements, public bodies should keep minutes as they ordinarily would. In addition, members of the public must still have an opportunity to address the public body, under its adopted rules.

Next Steps

The Governor is expected to issue a new disaster proclamation before the current one expires on May 30, 2020. With the last disaster proclamation, the Governor has reissued the executive order facilitating local government meetings without a physical quorum. As of this writing, it remains to be seen whether the Governor will reissue that executive order again and/or sign this new legislation to help local governments meet during the ongoing COVID-19 pandemic. Either way, when the Governor signs SB 2135, local governments should be prepared to adjust their remote meeting practices to comply with the new law.

Post authored by Daniel J. Bolin

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CMAP Webinar Tomorrow: Tools for Effective Virtual Meetings

CMAP Webinar Tomorrow: Tools for Effective Virtual Meetings

  Wednesday, May 27, 2020    Julie Tappendorf

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There is still time to register for the CMAP webinar "Tools for Effective Virtual Meetings," scheduled for tomorrow, Thursday, May 28, from 11:00 a.m. to noon. Information about the webinar and registration is below:

COVID-19 presents new challenges for those hosting public meetings, as communities pivot to incorporate online platforms and tools to reach their audiences and effectively engage a broader constituency. Join CMAP and leaders from Highland Park, Kimley-Horn and Ancel Glink, who are successfully navigating the new world of public engagement in the time of COVID-19.

Speakers include:

·     Jake Seid, Senior Planner, CMAP

·     Gregory Jones, Partner, Ancel Glink

·     Andy Cross, Senior Planner, City of Highland Park

·     Rory Fancler, Transportation Planner, Kimley-Horn

Register here.



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Illinois General Assembly Passes Legislation Affecting Local Governments

Illinois General Assembly Passes Legislation Affecting Local Governments

  Wednesday, May 27, 2020    Julie Tappendorf

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The Illinois General Assembly completed its May session early on Sunday morning, and passed a variety of bills that have now been sent to the Governor. We have summarized below some of the key decisions made by the General Assembly in the weekend session that include (1) budget/funding; (2) workers compensation; (3) liquor regulations; (4) township meetings; and (5) library non-resident fees.

We will be reporting on other legislation in more detail as it is considered by the Governor and update you on legislation that is signed into law.

Budget/Funding Legislation

The IML prepared a summary of the legislation adopted by the General Assembly over the weekend that affects budgets and funding that will be of interest to Illinois municipalities. You can read that on the IML's website here, and we have provided a brief summary below:

The General Assembly adopted its FY 2021 budget, which begins on July 1, 2020. According to the IML, the FY 2021 budget is considered a relatively flat budget for the state, meaning no significant changes were made to spending when compared to FY 2020, excluding COVID-19 response spending. 

The General Assembly included in the BIMP bill the creation of the Local Coronavirus Urgent Remediation Emergency (Local CURE) Support Program to distribute CARES Act funding to local governments that did not receive direct funding through the CARES Act on a per capita basis and to use for expenses directly related to the COVID-19 pandemic that were not accounted for in the municipality’s most recent budget approved as of March 27, 2020. 

SB 685 allows a county board to waive fees and penalties for late property tax payments for either 120 days after the effective date of the legislation or until the first day of the month after the public health emergency ends, whichever is earlier. 

Workers Compensation Legislation

HB 2455 would provide essential workers with a temporary rebuttable presumption for workers compensation claims that they contracted COVID-19 during the course of their employment. Employers will be able to offer a rebuttal of that presumption if the employers are following CDC and IDPH guidance regarding safety in the workplace. 

Liquor Control Act Legislation - Cocktails-To-Go and Renewals/Fees

HB 2682 would make a variety of changes to the State Liquor Control Act, including allowing restaurants and bars to prepare and sell cocktails or mixed drinks for off-site consumption. The bill also waives late filing fees for state liquor licenses, authorizes the deferral of fees for state liquor licenses and provides for automatic renewals of state liquor licenses. 

Township Code Legislation - Annual Town Meetings

HB 2096 amends the Township Code to provide that, if the Governor declares a disaster under the Illinois Emergency Management Agency Act and the disaster declaration is effective during the dates designated for a township's annual meeting, a township board may postpone the annual meeting to the third Tuesday, after 6 p.m., of the month following the end of the disaster declaration if circumstances related to the disaster declaration prevent a township from holding its annual meeting. The legislation also requires the townships to consult with and receive written approval from the county health department to proceed with an annual meeting during the course of a subsequent disaster declaration. 

Library Legislation - Nonresident Fees

HB 2096 also amends the Illinois Local Library Act and the Public Library District Act of 1991 to create the Cards for Kids Act. If signed by the Governor, this would prohibit a library from charging nonresident fees for the privilege and use of a library to a nonresident in an unincorporated area in Illinois who is a student whose household falls at or below the U.S. Department of Agriculture's Income Eligibility Guidelines. The legislation also removed provisions that previously allowed libraries not to participate in nonresident card reciprocal borrowing programs of a regional library system.

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Municipalities Prepare for Outdoor Dining Under Phase 3 Guidance

Municipalities Prepare for Outdoor Dining Under Phase 3 Guidance

  Tuesday, May 26, 2020    Julie Tappendorf

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As we reported on Sunday, Illinois Governor Pritzker released guidance for businesses and employers, as all regions of the state are expected to enter “Phase 3” of the state’s Restore Illinois reopening plan on or about May 29, 2020. In addition to common guidelines for all businesses, industry-specific guidelines and toolkits are available on the Illinois Department of Commerce and Economic Opportunity (DCEO) website. 

Of interest to local governments will be the guidelines and toolkit for outdoor dining and drinking at restaurants and bars. Local governments and health departments are authorized to adopt more stringent regulations, but all restaurants and bars are expected to comply with the state guidelines, which generally allow on-premises consumption of food and beverage by parties of six or fewer in outdoor dining and drinking areas under guidelines that include, among other things:

Eligible Outdoor Dining or Drinking Areas

An area can be eligible for outdoor dining and drinking if it is: 

• located on a rooftop;
• located in an establisment with a retractable roof that is open during operating hours;
• an outdoor space connected to or located on the site of a restaurant, grocery store, health or fitness center, hotel, golf club or other social club with a food establishment license;
• indoor space where 50% or more of a wall can be removed via the opening of windows, doors, or panels if dining tables are within 8 feet from the opening; or
• any other outdoor and drinking areas authorized by local governments if:
• food and drinks are prepared by licensed food or liquor establishments; and
• proper social distancing of 6 feet between designated customer tables and/or other seating areas is observed; and
• parties are of 6 persons or fewer

The guidance does not specifically address tents or other outdoor coverings, but these criteria would seem to accommodate certain types of covering for an outdoor dining or drinking area.

General Health

Restaurants and bars with outdoor dining and drinking should have:

• employees wear face coverings over their nose and mouth when within 6 feet of others;
• provide hand washing capability or sanitizer to employees and customers; and
• employees comply with regular hand-washing guidelines.

Physical Workspace

Among other things, restaurants and bars should:

• configure space to allow for at least 6 feet of distance between tables or other designated customer service areas;
• display signage at entry with face covering requirements, social distancing guidelines, and cleaning protocols;
• have employees maintain social distance to the extent possible while performing services; and
• ensure that the area for take-out customers allows for at least 6 eet of separation from seated customers.

Staffing and Attendance 

• Without diminishing break-time requirements, restaurants and bars should limit the occupancy of common areas and break rooms to allow for social distancing of 6 feet or greater by removing or decommissioning furniture or staggering break times.
• Live music is permitted but employees and performers should follow social distancing guidelines, keeping the maximum distance possible from each other and from customers.

Customers 

• Customers should wait for services off premises, either outdoors and maintaining social distance of 6 feet with use of recommended face coverings or in their vehicles.
• With limited exceptions for people with medical conditions or disabilities, customers should wear face coverings over their nose and mouth while on premises, except while eating and drinking at a table.

Other Guidelines

Restaurants and bars should comply with other applicable guidelines for:

HR and Travel Policies

Health Monitoring

Disinfecting and Cleaning Procedures

Suppliers and Non-Customer Visitors

This is only a summary of the state’s most-recent guidance, so local governments should be sure to consult the guidelines themselves and with their attorney as they assist restaurants, bars, and other businesses reopen in compliance with the latest guidance from the State of Illinois and local health departments.

Post authored by Daniel J. Bolin, Ancel Glink

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BREAKING: Illinois Releases Phase 3 Reopening Guidelines (Businesses and Operations)

BREAKING: Illinois Releases Phase 3 Reopening Guidelines (Businesses and Operations)

  Sunday, May 24, 2020    Julie Tappendorf

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The State of Illinois just released guidelines for businesses and operations that will be allowed to reopen in Phase 3. We will provide more details on specific businesses, including outdoor dining, over the next week but wanted to make sure you had the link to the comprehensive guidelines and tool kits as soon as possible, so local governments can prepare for the reopening that is expected by the end of next week. 

Resources available about Phase 3 guidelines are available on the DCEO's website here. You can read the Restore Illinois Plan. The following is a summary of what you can find on the website:

To prepare businesses and employers to implement the new safety guidelines and to bring many residents back to work, the State of Illinois has developed this business toolkit complete with signage, training checklists, and other resources to ensure business and activities are conducted in accordance with the latest and greatest public health recommendations.

Phase 3 guidelines span 10 different industry categories. Each set of guidelines includes a common set of guidelines that are expected and encouraged among all employers and activity types, as well as workplace and program-specific guidelines.

Common Guidelines for all Phase 3 Businesses and Operations can be found in the Phase 3 Business Toolkit.

You can find specific guidelines and tool kits for the following businesses/activities:

• Manufacturing
• Offices
• Retail
• Service Counters
• Youth Sports
• Health and Fitness Centers
• Personal Care Services
• Outdoor Recreation
• Day Camps
• Outdoor Dining at Restaurants and Bars

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BREAKING: Outdoor Seating at Bars and Restaurants, Expanded Recreation Expected by End of May

BREAKING: Outdoor Seating at Bars and Restaurants, Expanded Recreation Expected by End of May

  Wednesday, May 20, 2020    Julie Tappendorf

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This afternoon, Governor Pritzker announced that outdoor seating at bars and restaurants will now be allowed as part of Phase 3 of the Restore Illinois plan, which is expected in all parts of the state by the end of May. That is a change from previous guidance that would have continued the current restaurant and bar restrictions until Phase 4. We expect state guidance on outdoor seating to include the following requirements:

• tables six feet apart;
• tables away from sidewalks;
• mask requirements; and
• other distancing measures.

The Governor is encouraging municipalities to assist restaurants in expanding their outdoor restaurant seating options, and the Illinois Restaurant Association is promoting creative strategies, such as closing streets for restaurant use, and expanded sidewalk cafes in parking lots and public ways.

The Governor also announced expanded recreation options as part of Phase 3, including:

• re-opening of indoor and outdoor tennis facilities with Illinois Department of Public Health (IDPH) safety precautions and capacity limits;
• golf foursomes out on the same tee times, and carts with one person per cart, or one immediate household per cart;
• boating or camping with up to ten people; and 
• guidance for driving ranges, outdoor shooting ranges, paintball courses, and other outdoor recreational businesses.

Phase 3 will also allow health clubs, gyms, and fitness studios to provide one-on-one personal training in indoor facilities and outdoor fitness classes of up to ten people.

Personal care services and retail stores will also be able to open to in-person shopping consistent with IDPH guidance.

Local governments are authorized to adopt stricter regulations where desired. 

This information is based on the Governor's press release today, so there is likely to be more details on these changes when the executive order is issued, so stay tuned for further updates.

Post authored by Daniel J. Bolin, Ancel Glink

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Court Denies Emergency Relief to Churches Challenging Governor's Stay at Home Order

Court Denies Emergency Relief to Churches Challenging Governor's Stay at Home Order

  Tuesday, May 19, 2020    Julie Tappendorf

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We reported previously on a lawsuit filed by Beloved Church in Lena, Illinois against Illinois Governor Pritzker challenging his stay at home order. In that case, an Illinois District Court Judge denied the church's request for a temporary restraining order against enforcement of the order against the church. Since that ruling, lawsuits have been filed by two other churches, with similar results.

On May 13, 2020, U.S. District Judge Gettleman denied a restraining order sought by two area churches against the enforcement of Governor Pritzker’s order, which banned gatherings of more than 10 people. The churches sued the Governor claiming that the Stay at Home Order’s limit on the size of religious gatherings to ten people violates the establishment clause and infringes on the right to free exercise of religion.

Citing several cases involving state authority during public health crises, Judge Gettleman ruled that “the right to practice religion freely does not include the liberty to expose the community ... to communicable disease.” Under emergency circumstances, such as when faced with a society-threatening epidemic, “a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some ‘real or substantial relation’ to the public health crisis and are not ‘beyond all question, a plain, palpable violation of rights secured by the fundamental law.” Judge Gettleman added that "the harm to plaintiffs if the Order is enforced pales in comparison to the dangers to society if it is not." Specifically, “an injunction would risk the lives of plaintiffs’ congregants, as well as the lives of their family members, friends, co-workers and other members of their communities with whom they come in contact. Their interest in communal services cannot and does not outweigh the health and safety of the public.” Judge Gettleman concluded that the Order does not violate freedoms of speech, religion or assembly under the First Amendment, nor does it violate the establishment clause.

The churches appealed, and on May 16, 2020, the Seventh Circuit Court of Appeals issued an order denying the churches’ request for an emergency injunction to block enforcement of Governor Pritzker’s Order. The Court ruled that the Order’s limit on gatherings to 10 people or fewer amid “an extraordinary public health emergency” does not appear to discriminate against religious activities or show hostility toward religion since it also applies to secular gatherings such as concerts, lectures, theatrical performances, or choir practices. The Court rejected the churches' argument that worship services were comparable to shopping or other essential services where people do not congregate or remain for extended periods. Although the Court denied emergency relief to the churches, the case will continue on the churches' other arguments.

Post Authored by Eugene Bolotnikov and Julie Tappendorf, Ancel Glink

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