LOUISVILLE, Ill. (NEXSTAR) — A judge in Clay County granted a temporary restraining order to HCL Deluxe Tan in Clay City.
But the order only applies to the one business.
Judge Mike McHaney denied a request for his ruling to apply to all non-essential businesses that are closed due to the Governor’s stay at home order.
Tom DeVore, the same lawyer who represents Representative Darren Bailey stood in the same court room, with the same judge presiding, and with a very similar case as he did four weeks ago.
James Mainer, owner of HCL Deluxe Tan in Clay City, and DeVore asked for not only his own business to be excluded from the Governor’s stay at home order, but all businesses in the state should be legally allowed to not follow the Governor’s order.
Judge Mike Mchaney ruled in favor of Representative Bailey only weeks ago, but he was skeptical of DeVore’s initial claim that Mainer should represent all non-essential businesses in Illinois.
The Attorney General’s Office is said they intend to appeal Judge McHaney’s ruling.
Governor Pritzker said before the judge announced his ruling that any state wide ramifications would not apply since other judges have already ruled in his favor.
“It’s clear that the judge in Clay County has his own political agenda. I can also say that the decision in that court, if it goes against us, really only applies to Clay County, because it’s been decided already in Cook County Court it’s been decided already in Sangamon County Court upholding my ability to issue disaster proclamations and executive orders associated with a disaster in the state of Illinois.”