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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

ILLINOIS REPUBLICAN PARTY, 

WILL COUNTY REPUBLICAN 

CENTRAL COMMITTEE, 

SCHAUMBURG TOWNSHIP 

REPUBLICAN ORGANIZATION, and 

NORTHWEST SIDE GOP CLUB,

Plaintiffs,

No. 1:20-cv-3489

v. 

J.B. PRITZKER, in his official capacity 

as Governor of the State of Illinois, 

Complaint

Defendant.

INTRODUCTION

1. Political parties are for political expression what churches are for 

religious expression: the corporate manifestation of speech and interaction within a 

community of shared belief. Political parties’ events and rallies are also like protest

rallies and marches. And like churches and marches, political parties operate in a 

world where time matters; the 2020 election is only months away. Also similarly, 

they operate best in a physical setting; in-person contact is the most persuasive 

form for communicating ideas. McCullen v. Coakley, 573 U.S. 464, 488-89 (2014).

2. Yet, unlike churches, political parties are barred from gathering in 

groups greater than 10 under the Governor’s Executive Order 2020-38. And unlike 

protestors against police brutality, they have not been given an exemption based on 

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his sympathy, recognition, and participation. This disparate treatment of similar

expressive activities violates both the First and 14th Amendments.

3. The Illinois Republican Party and other plaintiffs (“the Party”) bring 

this suit under 42 U.S.C. § 1983, seeking declaratory and injunctive relief. 

PARTIES

4. Plaintiff Illinois Republican Party is a registered political committee 

that is the statewide vehicle for Republicans to advance their candidates and 

agenda in the Land of Lincoln. Led by Chairman Tim Schneider, the Party includes 

among its ranks federal, state, and local elected officials, supported by tens of 

thousands of donors, grassroots activists, and voters.

5. Plaintiff Will County Republican Central Committee is the local unit of 

the Republican Party responsible for organizing grassroots activities in Will County.

6. Plaintiff Schaumburg Township Republican Organization is the local 

unit of the Republican Party responsible for organizing grassroots activities in 

Schaumburg Township, Cook County.

7. Plaintiff Northwest Side GOP Club is the local unit of the Republican 

Party responsible for organizing grassroots activities on the northwest side of the 

City of Chicago (four wards) and Norwood Park Township. 

8. Defendant J.B. Pritzker is governor of the State of Illinois and the 

authority for Executive Order 2020-38. He lives and works in Cook County, Illinois. 

His address for service of process is Office of the Governor, 100 W. Randolph St., 16-

100, Chicago IL 60601. 

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JURISDICTION AND VENUE

9. This case raises claims under the First and 14th Amendments of the 

United States Constitution and 42 U.S.C. § 1983. The Court has subject-matter 

jurisdiction under 28 U.S.C. § 1331 and 28 U.S.C. § 1343. 

10. Venue is appropriate under 28 U.S.C. § 1391(b)(1) and (2) because the 

Defendant is headquartered in and a substantial portion of the events giving rise to 

the claims occurred in the Northern District of Illinois.

FACTUAL ALLEGATIONS

11. The Illinois Republican Party is the institutional vehicle through 

which millions of citizens of Illinois collectively express their political and policy 

preferences, and support candidates for local, state, and federal office.

12. The Illinois Republican Party and its local and regional affiliates 

(collectively “the Party”) typically gather in-person in groups of more than 10

persons for a variety of activities: formal business meetings, such as its annual state 

convention and its central committee meetings; informal strategy meetings, such as 

staff and leadership conferring with Republican legislators, allied organizations, 

and consultants; rallies and bus tours, where it generates news media coverage for 

its candidates and issues, energizes current members, and recruits new members; 

and grassroots activism, such as phone banks and house parties.

13. The Party undertakes its gatherings throughout the calendar year, but 

it has a particular time-pressure to undertake these sessions in the next five 

months leading up to the 2020 general election.

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14. The Party believes its effectiveness is substantially hampered by its 

inability to gather in person. There simply is no substitute for the energy, 

enthusiasm, personal connections to a candidate, and media coverage generated by 

a rally, a bus tour, or a fly-around. Politics is a people business, and it is most 

effective when people connect in person.

15. The Party is prevented from gathering more than 10 of its staff, 

leaders, consultants, members, donors, volunteers, activists, or supporters in one 

place by Governor Pritzker’s Executive Order 2020-38, § 2.d (issued May 29, 2020), 

which states, “Any gathering of more than 10 people is prohibited unless exempted 

by this Executive Order.”1

16. That same order exempts religious organizations. Id. at § 2.j.a. 

Churches and other faith-based associations are “encouraged to consult and follow 

the recommended practices and guidelines from the Illinois Department of Public 

Health,” which means “limit[ing] indoor services to 10 people.” Id. But they are only 

“encouraged” to “consult” the “recommended” “guidelines”; they are not required to 

obey them. 

17. Governor Pritzker also has declined to enforce his executive order 

against protestors assembling in large groups of hundreds or more in response to 

recent police brutality. The Governor has characterized these marchers as 

“exercising their First Amendment rights” and stated that he was deploying 

1 Available online at https://www2.illinois.gov/Pages/ExecutiveOrders/ExecutiveOrder2020-38.aspx. 

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National Guard troops to “protect[ . . . the] First Amendment rights of peaceful 

protesters.” In fact, he himself has engaged in one such march, recognizing the right 

of participants to make a free choice to attend even amidst a pandemic.

18. The Illinois Republican Party is dedicated to protecting the 

constitutional principles at the heart of our republic, including the separation of 

powers and limited government. See Illinois Republican Party I.A (“Our Party’s 

Philosophy”). The Party is prevented from gathering by an executive order (2020-

38) whose authority is based on a disaster declaration of May 29, 2020.2 This is the 

Governor’s fourth disaster declaration prompted by COVID-19; the others were 

issued on March 12, 2020; April 1, 2020; and April 30, 2020. The disaster 

declaration and executive order both rely on 20 ILCS 3305/7 of the Illinois 

Emergency Management Agency Act, which provides that the Governor may issue a 

disaster declaration that lasts for 30 days.

COUNT I 

By treating the Party differently from houses of worship and protestors, 

the Governor’s Executive Order 2020-38 violates the First Amendment.

19. The allegations contained in all preceding paragraphs are incorporated 

herein by reference.

2 Available online at 

https://www2.illinois.gov/sites/gov/Documents/CoronavirusDisasterProc-5-29-

2020.pdf.

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20. The right to freedom of speech in the First Amendment has been 

incorporated to and made enforceable against the states through the 14th 

Amendment guarantee of due process. Gitlow v. New York, 268 U.S. 652 (1925). 

21. When the state grants access to one set of speakers, it must give equal 

access and treatment to all speakers of a similar character. See Perry Educ. Ass’n v. 

Perry Local Educators’ Ass’n, 460 U.S. 37, 48 (1983). It may not favor one speaker 

over another. Rosenberger v. Rector & Visitors of the Univ. of Va., 515 U.S. 819, 828

(1995); Citizens United v. F.E.C., 558 U.S. 310, 340 (2010). To do otherwise is to 

discriminate in favor of certain speakers and against other similar speakers based 

only on the content of their speech, in this case religious speech versus political 

speech, or protest speech versus Republican speech, and this the First Amendment 

does not allow without a compelling government interest and narrow tailoring. Reed 

v. Town of Gilbert, 576 U.S. 155 (2015). Though the government has a compelling

interest here in preventing the spread of COVID-19, its restrictions are not 

narrowly tailored because it is exempting certain politically powerful or 

sympathetic groups while enforcing them against similarly situated actors who lack 

the same political favor of the Governor. See Roberts v. Neace, 958 F.3d 409, *12

(6th Cir. 2020) (per curiam).

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COUNT II

By treating the Party differently from houses of 

worship and protestors, the Governor’s Executive Order 2020-38 

violates the 14th Amendment’s equal-protection clause.

22. The allegations contained in all preceding paragraphs are incorporated 

herein by reference.

23. The right to equal treatment of speakers under the First Amendment 

is coterminous with the general right to equal protection of the laws under the 14th 

Amendment. Police Department of Chicago v. Mosley, 408 U.S. 92, 96 (1972). See 

also Proft v. Raoul, 944 F.3d 686, 691 (7th Cir. 2019).

24. Therefore, just as the executive order violates the First Amendment, it 

also violates the 14th Amendment’s equal protection clause.

COUNT III

The Governor’s second, third, and fourth disaster declarations and 

Executive Order 2020-38 are ultra vires, i.e., without legal authority.

25. The allegations contained in all preceding paragraphs are incorporated 

herein by reference.

26. The Illinois Emergency Management Agency Act permits the Governor 

to issue a disaster declaration for up to 30 days in response to an emergency, 

including a public health emergency.

27. The 30-day cap on a disaster declaration provides important 

safeguards for the citizens of Illinois, by permitting an immediate and authoritative 

response from the executive in a moment of crisis, but limiting that response to 30 

days to ensure legislative participation in any long-term policy decisions.

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28. Moreover, the Office of the Attorney General of Illinois has concluded 

that the text of the Act does not permit successive declarations based on the same 

disaster. IL Atty. Gen. Op. I – 01 – 023 (July 2, 2001). See Statement of Interest, 

U.S. Dept. of Justice, Bailey v. Pritzker, 3:20-cv-00474, Dkt. 15, at *11-14.

29. Because the Governor has the authority to issue only one 30-day 

disaster declaration, the fourth COVID-19 declaration is ultra vires. Executive 

Order 2020-38 is also ultra vires, because it explicitly relies on and implements the 

Governor’s authorities under the fourth declaration.

PRAYER FOR RELIEF

Plaintiffs Illinois Republican Party, Will County Republican Central 

Committee, Schaumburg Township Republican Organization, and Northwest Side 

GOP Club respectfully request that this Court:

a. Declare that treating political party gatherings differently from 

religious gatherings violates the First Amendment’s free speech clause;

b. Declare that treating political party gatherings differently from 

religious gatherings violates the 14th Amendment’s equal protection clause;

c. Declare that the May 29, 2020, disaster declaration and 

Executive Order 2020-38 are ultra vires; 

d. Enjoin Governor Pritzker from enforcing Executive Order 2020-

38 against political parties;

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e. Enjoin Governor Pritzker from enforcing Executive Order 2020-

38 because it derives its legal authority from the May 29, 2020, disaster 

declaration;

f. Award Plaintiffs their costs and attorneys’ fees under 42 U.S.C. 

§ 1988; and

g. Award any further relief to which Plaintiffs may be entitled. 

Dated: June 15, 2020 Respectfully Submitted, 

ILLINOIS REPUBLICAN PARTY

WILL COUNTY REPUBLICAN 

CENTRAL COMMITTEE

SCHAUMBURG TOWNSHIP 

REPUBLICAN ORGANIZATION

NORTHWEST SIDE GOP CLUB

 By: /s/ Daniel R. Suhr

Daniel R. Suhr

Jeffrey M. Schwab 

Liberty Justice Center

190 South LaSalle Street, Suite 1500

Chicago, Illinois 60603

Telephone (312) 263-7668

Facsimile (312) 263-7702

dsuhr@libertyjusticecenter.org 

jschwab@libertyjusticecenter.org

Attorneys for Plaintiffs

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