By Celeste Bott

Law360 (August 3, 2020, 4:34 PM EDT ) A federal judge on Saturday denied a bid by an Illinois village, restaurant owner and two residents to block Gov. J.B. Pritzker's executive orders to stem the spread of the coronavirus, saying an injunction would do "extraordinary damage" to the state.

U.S. District Judge Andrea Wood said the requirements laid out in the Illinois governor's orders — which limit groups of people from gathering, especially in indoor spaces — have been endorsed by experts as effective means of slowing the spread of COVID-19, adding that "there can be no doubt" the measures are rationally related to a legitimate state interest.

"At stake are the health and well-being of the more than 12 million residents of Illinois, thousands of whom have already died from the disease," the Northern District of Illinois judge said. "The protective measures put in place through the executive orders follow guidance from leading public-health authorities and have no apparent nefarious ulterior motive to restrain individual rights."

The village of Orland Park, bar and restaurant owner Tom McMullen and village residents Gregory Buban and Joe Solek filed suit in June, alleging Pritzker's orders violated their due process rights and state law, including the Illinois Department of Public Health Act.

In her order Saturday, Judge Wood agreed with the governor's contention that the plaintiffs are barred by the doctrine of sovereign immunity from bringing those claims against him in federal court. And they haven't shown a likelihood of success on the merits of their federal claims, she said.

She also disputed their claim that there's no reason to treat restaurants and bars differently from salons, churches, office buildings and grocery stores, saying it was rational for Pritzker to make those distinctions. For example, people can wear masks while receiving salon services, but must take them off to eat and drink in a restaurant, she said.

"Similarly, in distinguishing between restaurants and churches, it was rational for the governor to take into account the feasibility of reducing close contact during religious services, which is more difficult in restaurants, and the fact that practicing a religion is a fundamental right, while dining out is not," she said. "It was also rational for the governor to treat restaurants and bars differently than grocery stores because eating at a restaurant or drinking at a bar is a luxury compared to buying food and other household essentials at a grocery store, one of the most essential activities of everyday life."

The plaintiffs themselves acknowledge the pandemic is an "unprecedented emergency public health crisis that has left no one untouched and unaffected," Judge Wood noted, saying the balance of harms weighs heavily in favor of the governor.

"Granting a preliminary injunction to plaintiffs would do extraordinary damage to the state's interest (and the public interest) in preventing the spread of COVID-19 right when many states are experiencing a surge in COVID-19 infections that poses a threat to public health nationwide," the judge said. "On the other side of the balance, plaintiffs have made no showing that they are experiencing substantial harm as a result of the executive orders at this time or that they are likely to experience substantial harm in the near future."

Judge Wood's ruling comes after the Seventh Circuit in June backed an Illinois executive order limiting the size of religious gatherings to help slow the spread of COVID-19.

Representatives for the parties could not be immediately reached for comment Monday.

The village, restaurant owner and residents are represented by Lance C. Malina, Howard C. Jablecki and John A. Wall of Klein Thorpe & Jenkins Ltd.

The governor is represented by R. Douglas Rees, Darren Bernens Kinkead, Isaac N. Freilich Jones and Thomas John Verticchio of the Office of the Illinois Attorney General.

The case is Village of Orland Park et al. v. Jay Robert Pritzker, case number 1:20-cv-03528, in the U.S. District Court for the Northern District of Illinois.

--Additional reporting by Dave Simpson. Editing by Daniel King.

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