ILLINOIS — Poopy’s Pub ‘n Grub in Savanna, Illinois, population 2,945 at the 2010 census, is the latest establishment to take a hit from Illinois’ stay-at-home order.
On Friday Poopy’s opened up for curbside service and was allowing patrons to dine on site on well-distanced picnic tables. Alcohol was not sold, according to the owner.
They were immediately told by the state to knock it off and stop. The Illinois Liquor Commission then issued the popular biker bar’s owner, Kevin Promenschenkel a cease-and-desist order, which he posted on Poopy’s Facebook last Thursday afternoon.
Promenschenkel said his business is trying to do two things: keep people safe and keep his business open. But he said the state is standing in the way of that. So he has hired an attorney to explore his legal options.
Today Poopy’s Pub ‘n Grub posted on their Facebook page the header of a lawsuit filed by Promenschenkel and his wife Peggy on behalf of Poopy’s against Illinois governor J.B. Prtizker.
Attorney Thomas DeVore said he has more than a hundred businesses that want to file similar challenges to the orders that that have kept restaurants closed to dine-in service since March 16 and other businesses considered nonessential since March 21.
DeVore said Poopy’s Pub & Grub in Carroll County filed suit on Monday. It has been following the curbside mandates.
“People would get their carry out and they would go on to a completely separate piece of property that’s contiguous to the premises and they had have picnic tables scattered ten or 15 feet apart,” DeVore said.
He said the state, not local public health officials, then came with a cease and desist letter and threatened to take the pub’s state license away.
DeVore said he encouraged the state to follow the due process procedures to shut down businesses.
“If they want to take on an order of closure on behalf of one of my clients, come on,” DeVore said. “The court process is in the paperwork. I encourage that so that we can get in front of a court.”
DeVore said none of his clients have had local boards of public health issue individual closure orders. He contends state law requires such court action within 48 hours to give business owners proper due process.
Pritzker has downplayed several other lawsuits filed against his orders. He has said anyone can sue and he’s confident his orders will stand up in court.
On Friday, Visible Changes, a salon in Clay County, sued the governor, claiming it has never received a closure notice specific to the business.
The ten-acre property and the first business you will see when you enter the town is seasonal, reported KWQC. Promenschenkel says he only has a four to five-month window to make an income. The only thing Poopy’s said on their Facebook page after posting the lawsuit was, “The fight is real. We won’t go down easy.”
A copy of the actual lawsuit filed was not immediately available at the time of this writing.
Poopy’s is located at 1030 Viaduct Road in Savanna.
Portions The Center Square – Greg Bishop
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