Appellate Court rules judge was wrong to grant temporary order to Geneva restaurant
Illinois' 2nd District Appellate Court ruled a Kane County judge was wrong to issue a temporary restraining order barring government authorities from enforcing the state's ban on indoor dining at FoxFire Tavern in Geneva.
FoxFire Tavern, at 17 W State St., joined other restaurants in suing Illinois Governor J.B. Pritzker and his administration after he issued an executive order banning indoor dining and bar service in response to rising COVID-19 cases in Illinois. In October, Kane County Judge Kevin T. Busch issued an order allowing customers to eat inside FoxFire Restaurant while the business fought the order in court, which the 2nd District Appellate Court has now said was wrong.
The appellate panel said FoxFire Tavern isn't likely to succeed in its lawsuit against the governor and "likely chance of success" is one of the standards that needs to be met in order to rightfully receive a temporary restraining order.