The Commercial Appeal

Federal officials issue warning

Illinois, Los Angeles eyed for possible overreach

- Kristine Phillips USA TODAY

State and local officials, 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 officials 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 officials, 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 officials. “... 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 filed 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 filing 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.

 ?? JAE C. HONG/AP ?? A volunteer controls traffic at a drive-thru COVID-19 testing site in Los Angeles on Friday.
JAE C. HONG/AP A volunteer controls traffic at a drive-thru COVID-19 testing site in Los Angeles on Friday.
 ?? NAM Y. HUH/AP ?? A protester holds a sign during a Reopen Illinois rally at Thompson Center in downtown Chicago on May 16.
NAM Y. HUH/AP A protester holds a sign during a Reopen Illinois rally at Thompson Center in downtown Chicago on May 16.

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