Kelly Lawsuit: Lightfoot never issued executive orders to shut down Chicago
A new lawsuit has just been filed in the Circuit Court of Cook County, Chancery Division against Mayor Lori Lightfoot and Gov. J.B. Pritzker. One of the plaintiffs, William Kelly, is a Chicago business owner and the host of the Citizen Kelly Show on AM 1590 WCGO and 95.9 FM. He is the organizer of an online petition effort and has collected 138,000 signatures of Illinois residents, business owners and religious leader who allege they have been harmed by COVID-19 restrictions on the life and liberties.
Kelly says that, so far, other suits that have been filed have not been effective, "We are doing this for the people of Illinois. Every other lawsuit has, so far, missed the mark. Lives are being destroyed. People are going bankrupt. If we succeed, Mayor Lightfoot and Gov. Pritzker will pay a price, in the form of legal damages, for the terrible harm they've caused to people's lives and liberties."
The lawsuit, filed by Kelly and other injured parties and which is available for download here,is a complaint for declaratory, injunctive and other relief.
The complaint outlines four counts against Mayor Lightfoot and Gov. Pritzker, including: 1. That Lightfoot's acts violated the plaintiff's rights under the second, third, fourth and fifth sections of the Illinois Constitution; 2. That Lightfoot violated the plaintiffs right to equal protection when she reopened Grant Park to Black Lives Matter protesters; 3.That Lightfoot's reopening plan restrictions exceed her authority and are void ab initio; and 4. That Pritzker's April and May disaster declarations and Executive Order 2020-38 exceed his authority and are void ab initio.
The complaint states: There is no COVID-19 exception to the Constitutional and legal rights of the citizens of the State of Illinois nor the residents of the City of Chicago. Further, there is no constitutional provision or legal precept that subordinates democracy to a public emergency or pandemic. Even Lincoln held elections at the end of his first term and submitted his admiration to the will of congress during the Civil War, even if it meant losing to the confederacy because of the election of General McClellan after 4 years of war. However, despite the aforesaid well-established law of the State of Illinois, both Pritzker and Lightfoot have favored certain groups and beliefs over others, issuing exemptions from their illegal emergency decrees, which were no longer in force after April 9, 2020.
The complaint further contends that Lightfoot's executive orders did not order a shut-down of Chicago or Chicago's Lakefront and that her emergency authority relies on Gov. Pritzker's executive orders, which are currently the subject of challenges in other lawsuits. The lawsuit also contends that Lightfoot had no authority to shut-down Chicago's Lakefront, beaches, adjacent parks and Chicago's Riverwalk and, certainly, no authority to close and reopen them selectively in violation of the plaintiff's right to equal protection.