A Kane County judge has granted injunctive relief to the owners of FoxFire Restaurant in Geneva, allowing them to continue indoor dining, at least for the time being.
According to news reports and court documents, Kane County Judge Kevin Busch granted a temporary restraining order to prevent Gov. JB Pritzker and state and local officials from enforcing the indoor dining ban that is part of Tier 1 COVID-19 mitigation.
According to the FoxFire website, “FoxFire Will Be Open!”
“We are more than capable of making the right decision,” restaurant owners K.C. and Curtis Gulbro say in a pop-up notice. “Closing would not only devastate our family and our business, but it would also have a worse effect on our staff and those who deem our little restaurant essential to their livelihood.”
The state placed new COVID-19 mitigation restrictions on Region 8 — Kane and DuPage counties — that went into effect at 12:01 a.m. Friday, Oct. 23. Among those mitigations is a ban of indoor dining.
The complaint says that Pritzker has attempted to wield emergency powers for more than 225 days and claims that is beyond the scope of his authority.
The complaint also says the Illinois Department of Public Health and subsequently the Kane County Health Department exceeded their powers.
On Friday, the Kane County Health Department issued a news release asking residents to support local restaurants during the regional mitigation.