CHICAGO – As of today, Illinois business owners have an additional task: enforcing a rule Governor JB Pritzker asked the Joint Committee of Administrative Rules set in place Tuesday. If the businesses do not enforce the mask rules, they could face up to $2500 in fines or time in prison.
Business groups such as the Technology & Manufacturing Association and the Illinois Food Retailers Association pleaded with the six Democrats and the six Republicans on the committee to reject Pritzker's mandate.
Six Republicans supported State Rep. Steve Reick's (R-Woodstock) motion to suspend Pritzker's rule. Five Democrats opposed Reick's motion. Eight votes were needed to cancel Pritzker's mandate – thus, the rule is in effect.
The governor was pleased with JCAR's decision to support the mandate – after rejecting it earlier this year.
"The vast majority of our communities and business owners are doing what’s right. Working alongside these partners, these rules will provide multiple opportunities for compliance before any penalty is issued and will help ensure that the minority of people who refuse to act responsibly won’t take our state backward," the governor said. "These rules will ensure that there is a commonsense way to enforce public health guidelines with an emphasis on education first so that Illinois can continue to make substantial progress in our fight against COVID-19."
Pritzker then thanked the groups – especially public sector unions – that supported his effort and convinced the Democrats to vote in favor of the mandate.
"I want to thank the broad coalition of Illinoisans from around the state for their input and advocacy in support of science. Groups such as the Illinois Education Association, the Illinois Federation of Teachers, the Illinois Health and Hospital Association, the Illinois Public Health Association, Open Safe Illinois and our Safety Net Hospitals. As well as the Chicago Federation of Labor, the Illinois AFL-CIO, the Illinois Restaurant Association, National Nurses United Organizing Committee-Illinois Chapter and SEIU Healthcare Illinois & Indiana worked together to ensure the state remains focused on beating this pandemic," he said.
As the Illinois Food Retailers explain, the rule "applies when/where employees, customers, and other individuals on the premises who are unable to maintain at least a six-foot social distance. However, it will be up to local enforcement officials to determine if that social distance is maintained."
Businesses will need to make "reasonable efforts" to comply with the rule which includes following Phase 4 Guidelines. If a business is following the Phase 4 Guidelines established by the Department of Commerce and Economic Opportunity (DCEO), the business is deemed to be following the rules and SHOULD not be penalized for a consumer not wearing a mask on the premises. However, many people do not understand the various Phase 4 guidelines, so this will depend on enforcement authorities being informed. IRMA members can review the Phase 4 guidelines for their retail sector here.
The following steps will be taken before a penalty is assessed:
- The business shall be given a written notice of non-compliance.
- The business shall be given a reasonable opportunity to comply. It is unclear what will constitute a 'reasonable opportunity' and, again, local authorities can have their own interpretations.
- Only after determining the business has not voluntarily complied, after the notice and reasonable time to cure, the enforcing entity may issue a written order to "disperse". Disperse includes requiring all or some of the consumers from the premise to become compliant. The rule is silent as to whether the business must clear the business, whether they will be assisted by law enforcement, what to do if people are in line or at a table with or awaiting their orders, etc.
- If the business refuses to comply with a written order to disperse then the business is liable for the Class A Misdemeanor.
