Illinois Republicans Sue Pritzker Over Ban On Political Rallies

ILLINOIS — The Illinois Republican Party and several local GOP organizations have filed a lawsuit against Gov. J.B. Pritzker, arguing that his ban on political rallies violates the First and 14th amendments.

"Political parties are for political expression what churches are for religious expression: the corporate manifestation of speech and interaction within a community of shared belief," the suit states. "Political parties' events and rallies are also like protest rallies and marches. And like churches and marches, political parties operate in a world where time matters; the 2020 election is only months away."

The state GOP argues that churches and protests have been treated differently from political rallies under the law. Religious services are exempt from the ban on in-person gatherings larger than 10 people, while protests, while not officially exempt, have largely been allowed anyway.

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"There is no substitute for the energy, enthusiasm, personal connections to a candidate, and media coverage generated by a rally, a bus tour, or a fly-around. Politics is a people business, and it is most effective when people connect in person," the suit states.

"Yet, unlike churches, political parties are barred from gathering in groups greater than 10 under the Governor's Executive Order 2020-38. And unlike protestors against police brutality, they have not been given an exemption based on his sympathy, recognition, and participation."

Republicans have called Pritzker a hypocrite for marching with hundreds of demonstrators on June 8 to protest the death of George Floyd. Derek Chauvin, a white Minneapolis police officer, is charged with murdering Floyd during an arrest in May. The incident was caught on video, sparking nationwide protests.

"Last week the governor's double-standard was on full display as he defended, joined and endorsed large gatherings that violate his very own executive orders," state GOP chair Tim Schneider said in a statement provided to the Chicago Tribune. "It's clear the governor keeps one set of rules for the people in politically advantageous photo ops and another for the rest of Illinois."

Protests have been generally allowed despite the governor's orders — both Black Lives Matter marches and demonstrations against the statewide stay-at-home order that took place back in May.

Nonetheless, the suit claims that the disparate treatment of similar activities — spontaneous protests and planned political rallies — violates the Constitution's free speech and equal protection provisions. It also claims the governor's executive order is illegal because Pritzker did not have the authority to extend his emergency declaration beyond 30 days.

The suit asks a judge to declare the governor's ban on political rallies unconstitutional, to declare the governor's disaster declaration illegal, and to exempt political parties from the statewide ban on large gatherings.

The governor has faced other lawsuits over the measures he has taken to combat the coronavirus. Pritzker previously called suits by two Republican lawmakers political stunts. He has also faced challenges from a handful of churches and business owners. So far, those challenges have been unsuccessful.

Jordan Abudayyeh, Pritzker's press secretary, said the attorney general's office will handle this case too.

"This is about scoring political points and criticizing civil rights protests supporting the Black Lives Matter movement," she said. "The courts have repeatedly upheld the Governor's executive orders as based on public health guidance. And as the Republicans who attended protests against the public health guidance are well aware, the State has never prevented people from exercising their First Amendment rights."

This week, Illinois announced the lowest number of new coronavirus cases since late March and the lowest increase in deaths since early April. The state's positive test rate is now just 3 percent, confirming that cases are trending downward and indicating that enough testing is being carried out statewide. Currently, the state is on track to move to the next phase of reopening June 26, according to the governor's office.

This story has been updated with comment from the governor's office. Patch also reached out to the Illinois Republican Party for comment but did not immediately hear back.

Read the full complaint here: