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Batavia bar fight leads to COVID-19 cease and desist notice

Police were called to a fight at a bar and ended up issuing a cease and desist notice because the business was open when it should not have been, due to Gov. J.B. Pritzker's order regarding the coronavirus pandemic, according to a police report released after a Freedom of Information Act request.

About 11:30 p.m. Nov. 18, police were called to Bulldog's Cellar Bar & Grill, 1. E. Wilson St., to a fight in progress, the report stated.

Three people called TriCom Central Dispatch to report the fight between 15 to 20 people, the report stated.

The bartender told police that one group of people had been there for about three hours without incident. The second group of about eight to 10 people walked down the stairs "and not even 30 seconds later, they were all fighting," the report stated.

The bartender did not know why the fight started or the names of those involved.

Police noticed one person with a cut on his forehead. When the officer offered medical attention, the man replied with an expletive and "I do not need to give my ID. I am the victim," the report stated.

The man declined a second offer of medical attention.

About five to eight people paid their tab and left after refusing to identify themselves to police, the report stated.

When the officer issued the cease and desist notice and explained why Bulldog's Cellar should not be open due to the governor's order, the bartender's response was, "I don't know anything about that, I just come in to work when they tell me to. I have to make money to survive just like you guys do."

In October, Pritzker had issued new mitigation instructions of no indoor seating or service allowed for Kane, DuPage, Will and Kankakee counties after a spike in coronavirus infection rates.

"Please be advised that your establishment is unlawfully operating admist a declared limitation on service that is necessary and proper to prevent further spreading of the COVID-19 virus," the cease and desist notice states. "Failure to comply with the Governor's order could result in rescission of state and local licenses required to operate your business; a closure order; or other criminal or civil remedies."

Police contacted Bulldog's Cellar owner Jason Keller to advise him of the bar fight and the cease and desist notice. Police also asked for a copy of the video surveillance.

Police also filed a liquor commission incident report form detailing the fight.

Keller would not comment on the fight or the cease and desist notice.

Mayor Jeff Schielke, who is also the liquor commissioner, said police were still investigating the bar fight.

"We are having a hard time getting anyone to collaborate or chat with about who did what to whom and the circumstances behind it," Schielke said. "If I can get it resolved, I can just call a hearing."

Schielke said the city does not have the power to enforce the governor's orders. He said people should be mad at the General Assembly for not doing their job to create laws related to the pandemic that can be enforced.

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