Champaign Posts False Press Release on COVID-19 Emergency Powers

Just hours after unanimously passing an ordinance that grants “extraordinary powers” to Champaign Mayor Deborah Feinen, the City is making efforts to deceive citizens about what was actually voted on. The ordinance that was discussed at Friday morning’s emergency Council meeting contained a list of 30 “orders and regulations”, or powers, that the Mayor may elect to undertake. The list includes items like establishing curfews, forcing quarantines, forcing business closures, banning sale of guns & ammunition, banning sale of gasoline, and taking possession of private property.

The ordinance was passed by Champiagn City Council at around 11am on March 13^th. News outlets quickly picked up on the extreme powers that Mayor Feinen seems to think she should wield, some of which appear unconstitutional on their face. Less than 5 hours after voting on the ordinance, Mayor Feinen and City of Champaign staff decided to send out press releases that are nothing short of a false representation of the ordinance. The City posted these statements on their own city website and on the City of Champaign Facebook page. The press release refers to “false claims circulating online”, and some clever staff member even thought of using a calming sky blue:

Here is a comparison of the actual ordinance provisions that Champaign City Council passed by unanimous vote, and what the Council is claiming they passed:

The list of 30 items above is also mirrored and added upon by another list of 11 items elsewhere in the ordinance passed by Champaign City Council. The City press release makes mention of some nebulous “other emergency powers”, but does not list any of them. From the complete ordinance, here are some of the Mayoral powers that the City apparently does not want you not see:

• Establishing curfews
• Enforcement of quarantine
• Alter meetings in a way that violates the Illinois Open Meetings Act
• Closure of business establishments
• Closing of liquor establishments and banning sale of liquor
• Banning distribution of gasoline or other flammable/combustible products in any container other than a gasoline tank properly affixed to a motor vehicle
• Banning the sale of firearms and ammunition
• Controlling the sale, price, and distribution of commodities and services
• Taking possession of any real or personal property
• Ordering restrictions on ingress or egress to parts of the city
• Closure of streets, alleys, sidewalks, bike paths, public parks or public ways
• Restriction and regulations on utilities and infrastructure
• A broad ‘catch-all’ that gives the Mayor power to do virtually anything else she desires

It appears the City has omitted anything of substantial significance and potential contention. In the same stroke, city staff have accused anyone who shows otherwise of making “false claims”. The press release does not actually cite any instance of the nebulous “false claims circulating online” that it seeks to correct. Viewing comments on the City of Champaign’s official Facebook page indicates that the press release, thus far, only functions to further confuse citizens.

The News Gazette has released an article citing the document wherein reporter Ben Zigterman said “the city tried to clean up” by issuing the press release. Zigterman went on to quote Illinois Press Association attorney Don Craven, who said the language of the ordinance appears to violate state law, if not the U.S. Constitution. Craven pondered, “By what authority does the city get to seize personal property?” Craven also said the ordinance, no matter how well-intended, violates the Illinois Open Meetings Act.