New Emphasis on Masks and Limits on Gatherings As Virus Cases Increase

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August 7, 2020 — Governor JB Pritzker announced that the Illinois Department of Public Health (IDPH) will file emergency rules for businesses, schools, and child care establishments regarding the use of face coverings and the size of gatherings.

The governor also signed SB471 to help protect workers who continue to serve on the frontlines of the fight against COVID-19. The Pritzker administration is filing emergency rules for businesses, schools, and child care establishments regarding the use of face coverings and the size of gatherings. These rules provide multiple opportunities for compliance before any penalty is issued, giving local health departments and local law enforcement more leeway to support community public health in a productive manner. While existing, pre-pandemic enforcement laws, like revoking a license, are stringent and severe, these rules provide flexibility for local communities and a measured process to help keep people safe.

Republicans in the House say this is once again the Governor exceeding his authority to impose more restrictions on businesses. And Rob Karr, CEO of the Illinois Retail Merchants Association said, “This proposed rule lacks common sense and is a slap in the face to the thousands of retailers who have sacrificed so much during this pandemic while actively supporting ever-changing health and safety guidelines adopted by the state. Indeed, many of the guidelines ultimately adopted by the state were modeled by retailers well before they were implemented by the state.”

That process is as follows: First, businesses will be given a warning in the form of written notice and encouraged to voluntarily comply with public health guidance.

Second, businesses that do not voluntarily comply will be given an order to have some or all of their patrons leave the premises as needed to comply with public health guidance and reduce risks.

Third, if the business continues to refuse to comply, the business can receive a class A misdemeanor and be subject to a fine ranging from $75-$2,500.

The emergency rules also reinforce the authority of IDPH and local health departments to investigate COVID-19 cases and reaffirm that businesses have a responsibility to cooperate with those investigations.

Governor Pritzker also signed SB 471, which takes effect immediately, to expand workplace protections. To directly protect workers in retail, the law adds a penalty for assaulting or battering a retail worker who is conveying public health guidance, such as requiring patrons to wear face-coverings or promoting social distancing.

The law also increases paid disability leave for any injury that occurs after March 9, 2020 by 60 days for firefighters, law enforcement and paramedics whose recovery was hindered by COVID-19. More specifically, eligible employees include: Any part-time or full-time State correctional officer or any other full or part-time employee of the Department of Corrections Any full or part-time employee of the Prisoner Review Board Any full or part-time employee of the Department of Human Services working within a penal institution or a State mental health or developmental disabilities facility operated by the Department of Human Services Any full-time law enforcement officer or full-time firefighter.

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