South Central Reporter

A Clay County's judge's assertions that Illinois' stay-at-home order had spiraled into "insanity" and a ruling in favor of a Clay County business seem to have been predicted, at least in part, by a Salem-area resident.

Brock Waggoner was one of about a dozen protesters against Gov. J.B. Pritzker's executive orders that kept the state largely closed to slow spread of COVID-19. Waggoner told City Council members that Marion County Circuit Judge Michael McHaney had previously found the state's stay-at-home provisions to be unconstitutional, WJBD Radio reported.

Salem City Councilman Nic Farley disputed Waggoner's assertion, saying no final court decision had been made, according to the report.

Salem City Councilman Nic Farley | Contributed photo

That was true at the time, but McHaney issued comments and a ruling a few days later. In the ruling, McHaney referred to the beginnings of the stay-at-home order as the "inception of this insanity" that resulted in confusing "rules or consequences."

"Selling pot is essential but selling goods and services at a family-owned business is not," McHaney said. "Pot wasn't even legal and pot dispensaries didn't even exist in this state until five months ago and, in that five months, they have become essential but a family-owned business in existence for five generations is not."

McHaney also said that the rules somehow anticipate that a family of six can drive to Carlyle Lake "without contracting COVID but, if they all get in the same boat, they will."

"We are told that kids rarely contract the virus and sunlight kills it, but summer youth programs, sports programs are cancelled," McHaney continued. "Four people can drive to the golf course and not get COVID but, if they play in a foursome, they will. If I go to Walmart, I won't get COVID but, if I go to church, I will. Murderers are released from custody while small business owners are threatened with arrest if they have the audacity to attempt to feed their families."

McHaney continued in that vein before granting a temporary restraining order to Salem businessman James Mainer, owner of HCL Deluxe Tan, according to the six-page transcript and ruling. The restraining order bars the state from enforcing its order against Mainer and his business.

Mainer had asked that the state-at-home order be blocked statewide. The U.S. Justice Department subsequently intervened in a lawsuit by state Rep. Darren Bailey (R-Xenia) that also challenged the Illinois' stay-at-home order.

McHaney, despite his pre-ruling comments that the Chicago Sun-Times said pleased "many in the gallery," did not lift Pritzker's stay-at-home order statewide. An earlier appeal for a Salem City Council vote on reopening area businesses also failed.  

“Seems like this gentleman has a quarrel with a mandate sent down by the governor," Salem City Attorney Mike Jones told WJBD Radio. "If that's the case, my opinion is he ought to take his quarrel to the governor’s office, not the City Council. In my opinion, he has three options. One, he could obey the mandate. Two, he could ignore it. Or three, he could take the governor to court.  None of those three things have anything to do with the City of Salem."

Salem Police Chief Sean Reynolds apparently later told Waggoner that a City Council vote in favor of defying state orders would have made no difference because the City Council lacks authority to instruct his department to ignore stay-at-home violations.

"Actually, they can't tell me what laws I can or cannot enforce," Reynolds told WJBD Radio. "I'm talking about law.  They can’t tell me what law I can and cannot enforce."