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Illinois Issues COVID-19 Stay-at-Home Order, Excluding Essential Businesses and Operations

David Ritter

David B. Ritter

Partner
Logistics and Transportation Co-Chair

To help slow the spread of the COVID-19 coronavirus, Governor Pritzker issued a “stay-at-home” order for the state of Illinois this afternoon, following similar orders issued by the states of Pennsylvania, California and New York. The stay-at-home order will begin at 5 p.m. on Saturday, March 21, 2020, and last through 11:59 p.m. on Tuesday, April 7, 2020 (about 17 days).  

The governor’s executive order requires individuals not employed at an “essential business” or operation to work remotely from home and limit travel to only the essential businesses and activities listed in the order. Thus, the order allows citizens to continue conducting normal daily activities like going to grocery stores, pharmacies, doctor’s offices, hospitals, etc. but only allows employees to travel to work if they work for an essential business or operation. The order will also prohibit local governments from enforcing any home evictions and all Illinois schools will remain closed until April 8.  

The list of essential businesses and other operations that are exempted from Illinois’ stay-at-home order can be viewed in the attached executive order, which incorporates the definition of essential businesses and operations from the Memorandum on Identification of Essential Critical Infrastructure Workers issued by the U.S. Department of Homeland Security on March 19, 2020. The state also published Stay At Home FAQs to help citizens understand the how the order may affect their activities. 

In terms of enforcement, the governor stated it will likely follow these stages: (a) a warning; (b) possibly a cease-and-desist order; (c) business may have its license revoked or suspended; and (d) the business (or individual) could be charged with a misdemeanor offense. Businesses and other operations should carefully analyze whether they fall within one of the specified exceptions, and may consider providing employees with a letter explaining why they are permitted to travel.

Additional actions Governor Pritzker has taken over the last two days:

  • Issued a new executive order to expand use of telemedicine to allow more access to healthcare services from home – both for Medicaid patients and those covered by private insurance
  • Considered re-opening hospitals that have been closed
  • Activated the National Guard to assist hospitals and healthcare workers
  • Recommended to limit the number of children in childcare facilities while having greater access to childcare for essential workers
  • Issued a two-month extension for small businesses in filing sales tax payments and waived any associated late fees
  • Agreed with grocery store industry to consider implementing dedicated shopping hours for seniors and others most at risk

We will continue to keep you updated as developments occur.


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