Judge Issues Temporary Restraining Order on School Mask Mandate; Pritzker Vows Appeal
A Sangamon County Judge issued a Temporary Restraining Order Friday, temporarily ending the state’s mask order in schools, but Governor JB Pritzker has vowed an immediate appeal.
When kids go back to school Monday, it will be up to the school district whether or not masks are required.
A late Friday ruling from Sangamon County Judge Raylene Grischow has put a hold on Governor JB Pritzker’s mask order in schools.
From her Temporary Restraining Order ruling:
“The plaintiffs have due process rights under the law which provide them a meaningful opportunity to object to any such mitigations being levied against them, and it is these due process rights which are being continually violated. Under Illinois law, a citizen who refuses to mask or submit to vaccinations or testing is only potentially subjecting themselves to an isolation or quarantine order. The Defendant School Districts have specifically adopted policies…that have held children will be excluded from school in the event they do not wear a mask on school premises in violation of the Executive Orders, further preventing them from receiving an in-person education. Some schools do not even have remote learning established, thus, further denying students from an education.
Governor JB Pritzker issued a statement Friday night that his administration has requested an expedited appeal from the Fourth District Appellate Court.
“The grave consequence of this misguided decision is that schools in these districts no longer have sufficient tools to keep students and staff safe while COVID-19 continues to threaten our communities – and this may force schools to go remote,” said Pritzker. “This shows yet again that the mask mandate and school exclusion protocols are essential tools to keep schools open and everyone safe. As we have from the beginning of the pandemic, the administration will keep working to ensure every Illinoisan has the tools needed to keep themselves and their loved ones safe.”
Note the threat of forcing schools to return to remote learning.
“We remain committed to defending Gov. Pritzker’s actions to mitigate the spread of COVID-19 and will appeal this decision in the Illinois Appellate Court for the 4th District in Springfield,” said Attorney General Kwame Raoul. “This decision sends the message that all students do not have the same right to safely access schools and classrooms in Illinois, particularly if they have disabilities or other health concerns. The court’s misguided decision is wrong on the law, demonstrates a misunderstanding of Illinois emergency injunction proceedings and has no relation to the record that was before the court. It prioritizes a relatively small group of plaintiffs who refuse to follow widely-accepted science over the rights of other students, faculty and staff to enter schools without the fear of contracting a virus that has claimed the lives of more than 31,000 Illinois residents – or taking that virus home to their loved ones.
Greenville attorney Thomas DeVore, who has filed dozens of suits over the Governor’s executive actions, posted on Facebook the Governor must follow the ruling.
“Whether Pritzker disagrees with the Courts order or not, he’s bound by it or he commits contempt of Court,” DeVore wrote. “Until a higher court might say otherwise, his executive orders on masks, vaccination, testing and exclusion are invalid. As such, any attempt to extend them, as the masks executive order expires this weekend, would be contemptuous, as well as unethical.”
It isn’t yet clear when the appellate court will take up the question of the TRO.