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Madison County Board of Health hears outside attorney argue local boards can order reopenings
Summary
At a May 7 telephonic special meeting, an outside attorney representing business clients told the Madison County Board of Health that, in his view, local boards (not the governor) hold authority to close or reopen businesses if they follow statutory procedures; the county'9s State'9s Attorney asked for the materials and will review before the board acts.
Kurt Prenzler, chairman of the Madison County Board of Health, convened a telephonic special session May 7 to hear outside counsel on the board'9s authority to close businesses or restrict movement during the COVID-19 emergency. The session was limited to one hour; public comments were placed on file.
Tom Devore, a private attorney who said he represents multiple business clients, told the board he has been advising clients across southern Illinois that local boards of health retain the power to issue quarantine or closure orders if they follow Illinois statutory and administrative procedures. "Public health is not a narrow word," Devore said, arguing it can include economic impacts and that boards should consider separation-of-powers limits on executive orders.
Madison County State's Attorney Tom Gibbons cautioned the board that advice from outside attorneys is not the…
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