State asks for Appellate Court to reverse decision by judge regarding indoor dining ban

Updated 10/28/2020 7:28 PM

Gov. J.B. Pritzker and the Illinois Department of Public Health are asking the Illinois Second District Appellate Court to reverse a decision by Kane County Judge Kevin Busch granting a temporary restraining order to prevent the enforcement of an indoor dining ban at FoxFire restaurant in Geneva.

The appeal was filed on Tuesday, the day after Busch granted the temporary restraining order. The ban in Kane and DuPage counties went into effect Friday.


FoxFire's owners also filed a lawsuit against Pritzker, the Illinois Department of Public Health and the Kane County Health Department. The suit stated that Pritzker has exceeded his emergency powers.

The suit also contended the Illinois Department of Public Health and the Kane County Health Department acted beyond the authority granted to them.

FoxFire previously had announced it plans to keep its dining room open as a way to protest the new rules. K.C. Gulbro, one of the owners of FoxFire restaurant, states in an affidavit that a temporary shutdown of all indoor dining and drinks at FoxFire for more than a few days will lead to an "insurmountable" loss of income, putting the restaurant out of business along with countless others.

Gulbro owns the restaurant with his father, Curtis.

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