A Sangamon County Circuit Court Judge has granted a request from Greenville Attorney Thomas DeVore to temporarily halt the Governor’s executive order requiring schools to require masking and quarantining.
Governor JB Pritzker immediately asked the Attorney General to seek an expedited appeal from the Fourth District Illinois Appellate Court.
Judge Raylene Grischow found the Governor’s executive orders are beyond his authority and don’t give students due process. The Judge’s decision applies only to students of the parents who filed the lawsuit.
Judge Grischow denied a request from DeVore to give the case class certification which would have covered all students in the 146 school districts in DeVore’s lawsuit as well as a second lawsuit brought against 21 school districts by school employees. Districts covered by DeVore’s lawsuit include a large number in South Central Illinois, including South Central, Patoka, and Odin School Districts in Marion County.
While denying class certification, Judge Grischow noted that since she had declared the emergency rules of the Illinois Department of Public Health and Illinois State Board of Education void, non-named plaintiffs and school districts throughout the state may govern themselves accordingly.
The Patoka School District last month voted to make masks optional despite the Governor’s Executive Order. Superintendent David Rademacher says he received a call the following day from the State Board of Education confirming the school board had taken the action but has not heard anything further about any consequences.
Judge Grischow said she understood the tragic toll of COVID-19 but nonetheless felt it was the duty of the Courts to preserve the rule of law and ensure that all branches of government act within the boundaries of the authority granted under the constitution.
In asking for the expedited appeal, Governor Prizker says 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 which could ultimately force schools to go remote.
Attorney General Kwame Raoul added the 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.
