In separate rulings, Fourth Judicial Circuit Judges sitting in Clinton and Effingham County Circuit Court found there is no legal authority to make any unquarantined student wear a mask to school.
The temporary restraining orders were entered in the case for two Carlyle School District students in Clinton County and six students of the Teutopolis School District in Effingham County. The rulings only cover the students bringing the legal action.
The cases are based on the students being forced to utilize a device to allegedly prevent the spread of an infectious disease without a lawful order of quarantine having been issued against them by a local health department. The parents and guardians argue their children will suffer irreparable harm without an injunction because they are being refused access to their education by refusing to wear a mask.
The temporary restraining orders note there is nothing in the order to prohibit the local health department, or Illinois Department of Health, from issuing a lawful order of quarantine against any or all of the children as allowed by law.
The temporary restraining order is good for 30 days until another court hearing on October 15th.
Meanwhile, State Representative Blaine Wilhour contends the Illinois State Board of Education is acting outside of the Administrative Code by Pulling School Recognitions for not agreeing to require staff and students to wear masks inside schools. He says the unanimous request by the Joint Committee on Administrative Rules (JCAR) that the Illinois State Board of Education needs to submit clarifying rules on the recognition status process of public and private schools is the first indication that common sense may be entering the 18-month controversy.
