Some Elmhurst Restaurants Violate Governor's Order

ELMHURST, IL — The governor banned indoor dining last month, citing the worsening pandemic.

In response, one downtown Elmhurst restaurant, Primos Locos, took to Facebook to announce it would keep its dining room open. It later removed the post, but continued the service.

Early Monday evening, Elmhurst Patch conducted a spot check of restaurants to see whether any were open for indoor dining. Four were, in addition to Primos Locos, which is closed on Mondays. Most other eateries were following the order.

No consensus exists in support of Gov. J.B. Pritzer's order. Instead, it is the subject of an impassioned debate.

Many argue the governor lacks the power to shut down restaurants and bars. In any case, they say, such establishments are not where the problems are. If the past is an indication, some will call shame on Patch for even writing a story about the debate.

Others say the order is an unfortunate but necessary step to control the spread of the coronavirus.

Patch is only naming Primos Locos because it publicly announced it would defy the governor's order. It won't publish the names of the others, although it's no secret they are open.

Of the four restaurants that Patch spotted, all are mom-and-pops, not chains.

Two of the restaurants are in downtown Elmhurst. Both are upscale, one of them with electric candles on its tables.

Nearby restaurants are following the order. Ni Hao Asian Cafe on Park Avenue was open Monday for delivery and takeout. Asked about dining in, an employee said, "We don't do in-person dining. It's against the rules."

The other two places that were offering indoor dining were on York Street north of downtown and in the Spring Road business district.

When the governor issued his first order banning indoor dining in the spring, Elmhurst police were called to places in violation. Examples were a fitness center that was at least twice in violation as well as a restaurant and a small store.

In the last month, though, the police department's media reports have given no indication that police have dealt with such issues.

Last week, Mayor Steve Morley spoke about how the city is dealing with violating restaurants and bars. He was responding to a question during a virtual forum organized by Elmhurst Hospital.

Morley said the city had no power to shut down any business that is defying the order. That authority, he said, rests with the county health department.

"As it relates to bars and restaurants, were it my authority to shut them down, it would be a different conversation," Morley said. "Right now, I'm going to the max of my authority to enforce the governor's mandates."

If the city gets a call about a violator, he said, "we show up, we defuse the situation, we disseminate."

Morley said he has had numerous conversations with prosecutors and in-house lawyers and determined the city has no authority to enforce the order. But he said he encourages businesses to follow it.

"I know that spread has happened in restaurants and bars, certainly bars," he said.

Patch left a message with the DuPage County Health Department.

Some towns are taking a more aggressive stance against defying restaurants. Recently, Western Springs' village president said her town would alert the Cook County Public Health Department about violators.