Kane state's attorney: No prosecutions yet for dining-in ban
No local or state law enforcement agencies have asked the Kane County state's attorney's office to prosecute restaurants violating a ban on indoor dining.
The Kane County Health Department also hasn't asked the state's attorney - who is the department's lawyer - to initiate any litigation, State's Attorney Joe McMahon said Tuesday.
McMahon addressed the issue during a meeting with members of the news media. McMahon did not seek re-election; Democrat Jamie Mosser will be sworn in Dec. 1 as his replacement.
McMahon was asked questions about a coffeehouse in Campton Hills that some residents have complained about.
"I don't have investigators to send out to businesses around the county," McMahon responded.
He said health department authorities have asked his office to help persuade businesses, churches and other groups to follow COVID-19 regulations.
"We will get a phone call from the health department, we talk to them (the businesses), they shut down with voluntary compliance," he said.
"I consider it voluntary compliance when I don't have to go in and file a lawsuit to close down a business," he added.
McMahon didn't have information available about how many businesses his office has spoken to.
Meanwhile, his office is defending the health department in lawsuits challenging the indoor dining ban the governor enacted Oct. 23.
FoxFire Restaurant in Geneva is planning to ask the state supreme court to reverse the 2nd District Appellate Court's ruling that struck down a temporary restraining order the restaurant had received. The order, issued by a Kane County judge, had barred the governor and the state and county health departments from enforcing the dining-in ban.
Niko's Tavern in Pingree Grove filed a lawsuit against the governor and the state and county health departments on Oct. 30. The restaurant requested a temporary restraining order barring enforcement. McMahon said he believes a decision on that request has been stayed pending the outcome of the FoxFire appeal.
Lawyers for the state also are trying to get the lawsuits transferred to Sangamon County court and combined with similar cases from around the state.