Opinion by former State Senator Ed Petka (R-Plainfield) -
Did you know that Illinois Law requires that a private place or business could only be closed or shut down by the consent of the owner or by a court order?
Did you know that there had to be written notice within 48 hours of the shutdown order of their right to a hearing in a court ?
Did you know that you had a right to a free attorney if you were unable to afford one at this hearing?
Did you know that the government had to obtain a court order that specifically stated how long the shutdown would last?
Did you know that the state of Illinois could only obtain this court order by proving with clear and convincing evidence that the health of the public is significantly endangered if those places and businesses remain open and that all other reasonable means to correct the problem have been exhausted and that no less restrictive alternative exists?
Did you know that Illinois law says that if proper notice was not given as required and no court order was obtained , the Governor's executive order to shutdown cannot be enforced by the State but is merely his opinion and recommendation?
If you were unaware of all these rights that you had to protect yourself from government action, the question is why?
The answer is simple, the current Governor and his administration concealed this information – even though Illinois state law required them to notify those subject to the lockdown to receive written notice.
Did I mention that the author and chief legislative sponsor of this Act- the Public Health Emergencies Act (20 ILCS 2305/ ) was Senator Barack Obama? – So I ask- why does our Governor choose to ignore Senator Barack Obama's law that was passed to specifically deal with pandemics?
Former state Senator Ed Petka represented much of Will County while serving in the Illinois Senate from 1993 to 2007.
