Geneva restaurant sues Pritzker over ban on indoor dining

GENEVA – The owners of FoxFire restaurant in Geneva are suing Gov. JB Pritzker over his ban on indoor service at restaurants and bars because of a rising number of COVID-19 infections.

The ban took effect Friday in Kane and DuPage counties as well as in Will and Kankakee counties. An emergency petition, filed in Kane County on Friday, asks a judge to issue a temporary restraining order to prevent Pritzker, the Illinois Department of Public Health and the Kane County Health Department from enforcing the ban without a court hearing.

FoxFire has already announced that it plans to keep its dining room open as a way to protest the new rules. K.C. Gulbro, one of the owners of FoxFire restaurant, states in an affidavit that a temporary shutdown of all indoor dining and drinks at FoxFire for more than a few days will lead to an "insurmountable" loss of income, putting the restaurant out of business along with countless others.

Gulbro owns the restaurant with his father, Curtis. In addition to filing the emergency petition, FoxFire on Friday also filed a suit against Pritzker, the Illinois Department of Public Health and the Kane County Health Department. The suit states that Pritzker has exceeded the emergency powers that were given to him.

In addition, the suit contends the Illinois Department of Public Health and the Kane County Health Department have acted beyond the authority granted to them.