Federal officials issue warning
Illinois, Los Angeles eyed for possible overreach
State and local officials, including those in Illinois and Los Angeles, were warned by the Justice Department about the questionable legality of their stay-at-home orders during the coronavirus pandemic.
Story, Page 6A
WASHINGTON – The Justice Department warned state and local officials of the possible illegality of their stay-athome orders, as the agency continues to monitor restrictions meant to contain the spread of COVID-19.
In a letter to Los Angeles officials, Assistant Attorney General Eric Dreiband said their recent comments suggesting that stay-at-home orders may stay in place longer “may be both arbitrary and unlawful.” The Justice Department also said that Illinois Gov. J.B. Pritzker’s “sweeping limitations” on Illinois residents raise constitutional concerns.
Attorney General William Barr said last month that the Justice Department will intervene if stay-at-home orders become too restrictive, directing federal prosecutors “to be on the lookout” for state and local directives that could be violating constitutional rights. Barr acknowledged that while lockdowns are “necessary” to stop the spread of the virus, such restrictions have placed “tremendous burdens” on Americans.
“If a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID-19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court,” Barr said.
The Justice Department’s comments Friday regarding Los Angeles and Illinois stop short of declaring legal actions. But the agency warns of potential civil liberties violations.
“The Department of Justice does not seek to dictate how cities and counties such as Los Angeles determine what degree of activity and personal interaction should be allowed to protect the safety of their citizens,” Dreiband said in the letter to Los Angeles officials. “... Simply put, there is no pandemic exception to the U.S. Constitution and its Bill of Rights.”
The letter was addressed to Los Angeles Mayor Eric Garcetti and Department of Public Health Director Barbara Ferrer and cited comments they made about possible long-term lockdowns.
The Justice Department also filed court papers in an unrelated lawsuit against Pritzker, Illinois’ Democratic governor. The department argued Pritzker exceeded his authority when he ordered citizens to stay home except for essential reasons.
Pritzker had been sued by Republican Illinois state Rep. Darren Bailey. Bailey alleged the restrictions are unlawful because they extended beyond the 30-day emergency powers the state legislature granted Pritzker.
In its court filing supporting Bailey, the Justice Department said the lawmaker raised substantial questions on the lawfulness of Pritzker’s order.
Jordan Abudayyeh, Pritzker’s press secretary, said the Justice Department’s position opposing the governor’s stay-at-home measures is “unfortunate.” Illinois has more than 105,000 coronavirus cases. A little over 4,700 have died.