Illinois Republican Party v. Pritzker

Federal 7th Circuit Court
Civil Court
First Amendment
Citation
Case Number: 
No. 20-2175
Decision Date: 
September 3, 2020
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in denying plaintiffs’ request for issuance of preliminary injunction in action challenging under Free Speech Clause of First Amendment defendant-Governor’s issuance of executive order that recommended, but did not mandate that churches limit in-church gatherings, but required for others mandatory 50-person cap on gatherings. Instant executive order is designed to address serious public-health crisis stemming from COVID-19, and Ct. found that: (1) speech that accompanies religious exercise has privileged position under First Amendment; and (2) instant executive order permissibly accommodates religious activities. Moreover, nothing in Free Speech Clause of First Amendment barred defendant from making special dispensation for religious activities. Too, no case law compels defendant to treat all gatherings alike, and defendant could permissibly restrict secular gatherings and not religious gatherings. Fact that defendant had expressed sympathy for people who were protesting police violence and even participated on one protest did not have any effect on text of instant executive order, and record otherwise did not support claim that state-actors have played favorites in enforcement of otherwise valid response to COVID-19 pandemic.