Chicago Tribune (Sunday)

Go to court over dine-in ban

- — Francis Ostian, attorney, Chicago

Thousands of independen­t Illinois restaurant­s will not survive much longer unless Gov. J.B. Pritzker’s ban against dine-in service ends soon.

Outside of Illinois, at least 34 states have allowed restaurant­s to reopen for dine-in service of some kind. But here in Illinois, dine-in service remains off the table, and thousands of owners and their employees face financial ruin.

Many owners can’t pay their rent and overhead. And these owners say the governor’s fivephase plan to “restore” the state will wipe them out.

That’s because the governor’s plan won’t allow dine-in service until Phase 4. This may not happen until the end of June. And some say it won’t happen until July or August. This, coupled with the expected drastic reduction in capacity, will be too late for many small restaurant­s.

Recently, the governor has eased restrictio­ns against outside

dining. But it won’t help restaurant­s without a patio or access to a street. And remember, cold weather and rain limit business and profits.

Of course, most restaurant­s’ core business model is inside dining.

Can Pritzker allow dine-in service with reasonable precaution­s? Yes. After all, at least 34 governors across America have allowed restaurant­s to resume dine-in service typically with reduced capacity, and with staff wearing masks and getting health-screened.

So what can an owner do now? He or she can resume reasonable dine-in service by successful­ly challengin­g the governor’s shutdown order in court. In fact, Wisconsin is a great example. There, the state Supreme Court struck down Wisconsin’s unlawful stay-at-home order.

Let’s face it; no one typically wants to go to court. And there are no guarantees. But the price of doing nothing, for many, will cost them their restaurant. In other words, going to court is the best option for those about to go under.

 ?? CHRIS SWEDA/CHICAGO TRIBUNE ?? Amid the pandemic, tables and chairs at Manny’s Deli are pushed into a corner while it sells food through carryout and delivery.
CHRIS SWEDA/CHICAGO TRIBUNE Amid the pandemic, tables and chairs at Manny’s Deli are pushed into a corner while it sells food through carryout and delivery.

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