Thread by @chicagobars

As a courtesy to Chicago Twitter's many armchair Covid lawyers, here is a thread of every legal authority cited in today's @ChiPublicHealth Mask Mandate order. Which you can read...here: bit.ly/2W9cADQ

For those scoring at home? There are no less than seven "WHEREAS" in this order. Should have had a pool going on that. My bad.

Off the bat, the new CDPH Mask Mandate order cites to @GovPritzker Executive Order No. 2021-15. This EO "Reissues several executive orders, extending a majority of the provisions through August 21, 2021" and you can read it here: bit.ly/3y23shF

I don't see the section in that State EO the City Emergency Masking Order claims "the Governor of Illinois affirmed that a local government body may enact provisions that are stricter than those in the Executive Order" but hey, I'm not a lawyer and it's a complicated EO. #ymmv

The City mask mandate then goes on to rely on it's authority via Chicago Municipal Code 2-112-050 and... codelibrary.amlegal.com/codes/chicago/…

The Chicago mask mandate order then asserts 2-112-110(a)(4) authorizes the order. That section reads:
"(4) To determine when a disease is communicable or epidemic, and establish quarantine regulations whenever it is deemed necessary;" read it here

codelibrary.amlegal.com/codes/chicago/…

The new Chicago order also relies on City code section 2-112-130 "Commissioner – Communicable disease control procedures." which seems to deal with what CDPH can do to "all persons reported to it as having, or suspected of having a communicable disease" codelibrary.amlegal.com/codes/chicago/…

The latest City of Chicago mask mandate order then also throws in some Illinois Administrative Code (ain't no party, like a JCAR party!) authority for the new mask mandate order, to wit (did I do that right lawyers?) "77 Ill. Adm. Code Sections 690.1305(a) and 690.1310(c)"

You (still hanging in here? Good!) can read those section of the Illinois Administrative Code aka the "CONTROL OF COMMUNICABLE DISEASES CODE " sections online. Here's the 690.1305(a) section for ya'! bit.ly/3kcn1yM

And for those hanging in here, the section section of the Illinois Administrative Code the new Chicago mask mandate specifically relies on is 690.1310(c) which you can peruse yourself further down at this link. bit.ly/3j1tXQ5

The new Chicago mask mandate order then finishes strong invoking 2-112-140 which to this layman seems to deal with...vaccination authority? Not sure how that allows CPD & BACP to write mask violation tickets? Dunno. codelibrary.amlegal.com/codes/chicago/…

And then...big finish...the best part of any City order or legislation, the mask mandate order says they have fine issuing authority subject to City Code section 2-112-340 and venue closure authority under 2-112-050 and 2-112-170 (latter of which is a hell of a catch all).

In conclusion, what's it all mean? Dunno. Not a lawyer. But to paraphrase a popular political blog "I read the order"!

So have at it armchair Covid emergency order lawyers, a hell of a lot of the new mask mandate seems to rely on a State Emergency Order that expires Sunday. 🤷‍♂️

And no, I'm not filing a lawsuit nor will I be passing the hat to fund one. Somebody else is welcome too. Maybe they'll even hire a lawyer who reads the emergency order too before calling a press conference and unleashing Facebook hell. Mahalo.