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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

WESTERN DIVISION

THE BELOVED CHURCH, an Illinois Not-forProfit Corporation, and PASTOR STEPHEN 

CASSELL, an individual,

 Plaintiffs,

 v.

JAY ROBERT PRITZKER, Governor of the 

State of Illinois, DAVID SNYDERS, Sheriff of 

Stephenson County, Illinois, STEVE 

SCHAIBLE, Chief of Police of the Village of 

Lena, Illinois, and CRAIG BEINTEMA, 

Administrator of the Department of Public Health 

of Stephenson County, Illinois, in their official 

capacities,

 Defendants.

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 No. 3:20-cv-50153 

JURY TRIAL DEMANDED

PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER AND

PRELIMINARY INJUNCTION

Plaintiffs, by and through counsel and pursuant to Fed. R. Civ. P. 7 and 65, and Local Rule 

77.2(e), move the Court for a temporary restraining order and a preliminary injunction enjoining 

Defendants from applying the defendant Pritzker’s Executive Orders 2020-10 and 2020-18 and his

announced upcoming executive order to take effect May 1, 2020, in a manner that denies Plaintiffs 

and others not before the Court their constitutional rights of Free Speech, the Free Exercise of 

Religion, and the Right to Peaceably Assemble. In support of this motion, Plaintiffs have filed 

their Verified Complaint, and submit simultaneously herewith a memorandum of law in support 

of this motion.

Case: 3:20-cv-50153 Document #: 6 Filed: 04/30/20 Page 1 of 4 PageID #:89
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Plaintiffs state that: (1) Plaintiffs are likely to succeed on the merits; (2) immediate relief 

is necessary to prevent immediate and irreparable harm to Plaintiffs’ First and Fourteenth 

Amendment rights to Free Speech, the Free Exercise of Religion, and the Right to Peaceably 

Assemble, and Plaintiffs’ rights under the Illinois Religious Freedom Restoration Act; (3) the 

threatened injury to Plaintiffs’ constitutional rights far outweighs any possible harm an injunction 

would cause Defendants; and (4) issuing an injunction will serve the public interest by upholding 

rights guaranteed under the First and Fourteenth Amendments to the United States Constitution

and the Illinois Religious Freedom Restoration Act.

Plaintiffs have also served courtesy copies of the Complaint and exhibits upon the 

defendants themselves or their known counsel, and will serve courtesy copies of this motion and 

memorandum immediately upon filing.

Unless this Court enjoins Defendants, Plaintiffs will suffer an immediate and grievous loss 

of First Amendment rights. Counsel for Plaintiffs has provided notice to Defendants of its intent 

to seek this emergency relief. The emergency nature of the proceedings stems from the recent

announcement by Defendant Pritzker that he would issue a new executive order to keep every 

church and religious gathering and religious ministry, in all 102 counties in Illinois, entirely 

shuttered for at least another month, beginning Friday, May 1. 

WHEREFORE, Plaintiffs respectfully request that this Court enter an immediate injunction 

restraining Defendants, their agents, employees, and those acting in concert with them from 

applying the Illinois Executive Orders 2020-10 and 2020-18 and his announced upcoming 

executive order to take effect May 1, 2020, in a manner infringing Plaintiffs’ constitutionally 

protected activities and in particular Plaintiffs’ right to conduct worship services, religious 

Case: 3:20-cv-50153 Document #: 6 Filed: 04/30/20 Page 2 of 4 PageID #:90
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gatherings, and religious ministry, and that a bond be waived or that only nominal bond be 

required.

Respectfully submitted,

/s/Martin Whittaker

Peter Breen

Thomas Brejcha

Martin Whittaker

THOMAS MORE SOCIETY

 309 W. Washington St, Ste. 1250

 Chicago, IL 60606

 (312) 782-1680

pbreen@thomasmoresociety.org

tbrejcha@thomasmoresociety.org

mwhittaker@thomasmoresociety.org

Attorneys for Plaintiffs

Case: 3:20-cv-50153 Document #: 6 Filed: 04/30/20 Page 3 of 4 PageID #:91
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CERTIFICATE OF SERVICE

I hereby certify that I have this day served, via email, copies of the foregoing on the 

defendants, this 30th day of April, 2020, addressed as follows:

Benjamin M. Jacobi

bjacobi@okgc.com

Attorney for Defendants Snyders and Beintema

sschaible@yahoo.com

Defendant Steve Schaible

Sarah Hunger

Deputy Solicitor General

Office of the Illinois Attorney General

(312) 814-5202

shunger@atg.state.il.us

CivilAppeals@atg.state.il.us

Attorney for Defendant Pritzker

/s/Martin Whittaker

Attorney for Plaintiff

Case: 3:20-cv-50153 Document #: 6 Filed: 04/30/20 Page 4 of 4 PageID #:92