(The Center Square) – Two statewide business associations are eyeing litigation against the state of Illinois over a COVID-19 mask and social distancing rule allowed to stick.
The Joint Committee on Administrative Rules allowed the measure promulgated by the Pritzker administration that requires businesses to enforce face-covering mandates and social distancing regulations to stand. Republicans attempted to suspend the measure but only had six votes on the twelve-member panel. To suspend, the motion required eight votes.
Masks and social distancing have been promoted by Gov. J.B. Pritzker and public health experts to reduce the spread of COVID-19. The rule allows fines of up to $2,500 if a business doesn’t comply with masking and social distancing regulations.
Illinois Retail Merchants’ Association’s Rob Karr said following the JCAR meeting penalizing businesses for their customers not wearing masks compounds Illinois’ poor business climate.
“Everyone’s well aware of the condition of retail, Main Street, restaurants, bars, taverns, we’ve now seen in Chicago for the second time businesses having to rebuild, to remodel,” Karr said. “This is a lot of salt in an open wound.”
He said the association is keeping their legal options open.
Illinois Fuel and Retail Association’s Josh Sharp agreed.
“Not only are we keeping our options open I would say it’s probably likely,” Sharp told WMAY radio. “I think the rules got some legal deficiencies that we could very easily take to court.”
Pritzker on Thursday said the measure asks businesses to make reasonable efforts to get their customers to mask up, like putting up a sign that says “no mask, no service.”
“Nobody’s asking a business owner to confront that person or a worker to confront that person and have to have an argument with that person,” Pritzker said.
During JCAR’s hearing Tuesday, Pritzker’s legal counsel Ann Spillane said they are asking businesses to request customers wear masks. But, she said businesses are to drop the questioning if the customer says they can’t because of a medical condition.
“The goal here is not for individuals running businesses to suddenly have to become medical doctors,” she said. “If somebody says they’re not medically able to wear one, they can’t tolerate it, that’s the end of the inquiry.”
The rule also allows for fines of up to $2,500 for violating social distancing regulations.
