Megan Jones
The Beacon-News
KENDALL COUNTY, Ill. — The Kendall County sheriff announced Wednesday that his deputies will not fine or arrest people for gathering in large groups nor will they target small businesses that violate the governor’s orders regarding social distancing.
Sheriff Dwight Baird said he has received many inquires in recent weeks regarding the enforcement of Gov. J.B. Pritzker’s executive orders regarding COVID-19 and businesses that are classified as non-essential.
Kendall County was recently linked to Cook County in the state’s northeast region under the governor’s five-phase reopening plan. Baird said he hopes Pritzker will reconsider the decision and move Kendall County into another region “more fitting to the community we are.”
Baird said since the benchmarks were released, calls have increased from residents asking about enforcement at church services, weddings, parties or graduation celebrations. Deputies will not fine or arrest anyone for solely violating the governor’s orders, Baird said in a statement.
“I was elected and took an oath as your sheriff to enforce the laws and protect your constitutional rights,” Baird said. “The governor’s executive order is not a law.”
Baird backs his views with an opinion made in an internal memo by David Robinson, deputy director of the state’s attorneys appellate prosecutor’s office, who said the order has constitutional challenges and he wasn’t sure if courts would uphold Pritzker’s limitations. Baird noted that Kendall County does not have an ordinance that supports a fine for violating the governor’s orders.
Baird said he consulted with the Kendall County state’s attorney. Immediate attempts to reach State’s Attorney Eric Weis were unsuccessful.
If someone chooses to host an event, the sheriff’s office will not come and stop the festivities, Baird said. He cautioned businesses licensed through the state or a municipality to consult with an attorney before reopening. Residents should contact an insurance company to ask if opening a business or hosting a party at one’s house puts them in liability, Baird said.
Kendall County Board Chairman Scott Gryder sent a letter to Pritzker on Monday urging him to allow small businesses to reopen. The letter was sent on behalf of the county board and the county’s mayors and village presidents.
He said small businesses are the backbone of the county and owners are willing to follow safety guidelines, including social distancing.
Ultimately, Baird said he is not instructing residents to defy the governor, but he intends to explain how the sheriff’s office will provide service.
“You need to do what is right and safe for you and your family,” Baird said.
The Grundy County Sheriff also released a similar statement Wednesday and will not fine or arrest people for holding or attending large gatherings.
“Kids are graduating from school, leaving for military service, and parents and family members want to celebrate those graduations and have family gatherings before their sons or daughters go off to serve our country,” Sheriff Ken Briley said. “Needless to say, people want to live, not just exist.”
If circumstances change drastically, Baird said the sheriff’s office might change its stance and will keep residents up to date with any changes.