Mask TRO denied
Thursday, Aug 26, 2021 - Posted by Rich Miller
* Daily Herald on August 17…
A pair of McHenry County mothers are suing Gov. J.B. Pritzker, claiming the mandate requiring their children to wear face coverings at school is an invasion of privacy, among other allegations.
In the lawsuit filed Aug. 9, Laura Murray and Christine Polheber are seeking injunctive relief from the governor’s Aug. 4 mandate that requires students, teachers and staff to wear masks in school regardless of vaccination status. […]
The case has since been transferred to Sangamon County, along with “numerous cases filed statewide” challenging the governor’s emergency authority, according to a motion filed by the Illinois attorney general’s office. […]
Through attorney Lance Ziebell, however, the women argue there is no disaster or public health emergency allowing Pritzker to assert emergency powers. The women also claim that mandating their children to wear face coverings at school is an invasion of privacy and a violation of their rights under the Illinois Constitution.
* From the judge yesterday…
21-CH-79 Murray v. Pritzker
Matter comes on for hearing on the plaintiffs’ motion for entry of a temporary restraining order. Plaintiffs appear through counsel, Mr. Lance Ziebell. The defendant appears through counsel, Mr. Thomas Verticchio. Arguments heard. After considering the record and arguments of counsel, the court finds that plaintiffs have not met their burden in satisfying all four necessary elements necessary for the issuance of a temporary restraining order. The motion is denied. A written order is to follow.
As to the motion to dismiss filed by defendant. Plaintiff has 14 days to file a written response, on or before September 8, 2021. Defendant has until September 20, 2021 to file a reply in support of the motion to dismiss. Courtesy copies of all pleadings filed are to be emailed to the court. Oral arguments on the motion to dismiss is set for October 1, 2021 at 1:30 p.m. by Zoom. The court will send a Zoom invite with remote hearing instructions that must be followed. A status conference is scheduled for October 14, 2021 at 11:30 a.m. by Zoom. A hearing on the Motion for a Preliminary Injunction is scheduled for November 9, 2021 at 1:30 p.m. and continuing on to November 10, 2021 at 9:00 a.m. The clerk is directed to send a copy of the docket entry to the attorneys of record.
- Jocko - Thursday, Aug 26, 21 @ 2:29 pm:
==the women argue there is no disaster or public health emergency==
And yet the hearing took place via Zoom. Hmm, I wonder why?
- Dotnonymous - Thursday, Aug 26, 21 @ 2:31 pm:
Privacy?…feel the incredible stretch…is it possible to actually be so historically ignorant?
- JS Mill - Thursday, Aug 26, 21 @ 2:54 pm:
Crazies- 0
Governor- 14
The “Little Engine That Could” is getting jealous.
- Bruce( no not him) - Thursday, Aug 26, 21 @ 3:00 pm:
==counsel, Mr. Lance Ziebell.==
Tom DeVore was busy?
- Bruce( no not him) - Thursday, Aug 26, 21 @ 3:01 pm:
Also picturing the kids “Geeze Mom, leave it alone. You’re embarrassing me”
- Just Peachy - Thursday, Aug 26, 21 @ 3:10 pm:
Such irresponsibility is truly sad
- Oxfordian - Thursday, Aug 26, 21 @ 3:15 pm:
I had the same thought Jacko… not likely to find a court to agree there’s no public health emergency when the court itself is operating remotely due to… the public health emergency.
- Oswego Willy - Thursday, Aug 26, 21 @ 3:37 pm:
They keep trying… they keep losing.
Lawyers are the only winners… again.
- Just Me 2 - Thursday, Aug 26, 21 @ 3:47 pm:
I love that the hearing to consider whether or not there is a health emergency is being done by Zoom….because there is a health emergency.
- Dotnonymous - Thursday, Aug 26, 21 @ 3:52 pm:
The irony not lost on these folks is palpable, eh?
- 47th Ward - Thursday, Aug 26, 21 @ 3:56 pm:
===I love that the hearing to consider whether or not there is a health emergency is being done by Zoom….because there is a health emergency.===
I’m pretty sure that will be the basis of the appeal, that the existence of a public health emergency was prejudicial to their case, which is that there is no emergency, and the ruling should be set aside and the TRO granted on appeal.
- Suburban Mom - Thursday, Aug 26, 21 @ 4:08 pm:
===claiming the mandate requiring their children to wear face coverings at school is an invasion of privacy===
Definitely the sort of nonsense that will stand up well when set against the lawsuits from parents of children with disabilities and medical conditions that mean their children are excluded from school by governors BLOCKING mask mandates.
Hmmmmm, the ADA and IDEA set against completely invented “rights” ….
- thisjustinagain - Thursday, Aug 26, 21 @ 5:21 pm:
Plaintiffs: “Just because we have to hold remote hearings due to the pandemic is no reason to uphold the Governor’s mask order.”
Court: “Plaintiffs, what you just argued are some of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent arguments were you even close to anything that could be considered a rational thought. Everyone on this matter, and the Zoom hearing are now dumber for having listened to it. I award you no TRO, and may God have mercy on your souls.” (#respect to Billy Madison for the inspiration and original version).