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*** UPDATED x1 *** DeVore’s Pyrrhic victory as school district shuts down in-person learning after anti-quarantine TRO

Tuesday, Aug 31, 2021

* Four days ago

The Carlyle, Illinois school district that previously defied Governor J.B. Pritzker’s mask mandate has reversed course after a spike in COVID cases and several students forced to quarantine.

From elementary through high school, Carlyle Community Unit School District No. 1 has fewer than 1,000 kids.

A school board member confirms to 5 On Your Side more than 150 are already in quarantine just two weeks into the year with close to 30 testing positive for COVID-19.

That number could be even higher. The state said Thursday 40 people had tested positive and more than 200 students were going into quarantine.

* But then our old pal Thomas DeVore intervened

A judge in Clinton County Court says the Carlyle School District does not have the authority to quarantine students.

As a result, a temporary injunction was issued Monday in favor of two Carlyle Unit School District parents whose children had been quarantined.

The attorney for the parents, Thomas DeVore, says the law is clear that only a county health department can quarantine a student and tell them when they can return to class. He argued the school district could not take over the role of quarantining students just because they were not getting the assistance they wanted from the county health department.

DeVore says while the temporary injunction only covers the two children named in the lawsuit, he doubts the school district would continue with their quarantine practice now that they know a judge has ruled against it.

The judge’s TRO is here.

What DeVore wants to do is force either the local county health department or the state Department of Public Health to go to court to quarantine each and every individual student, which is ridiculous.

* But the joke’s on him. The TRO includes this language...

Nothing in this order shall be construed to prohibit the District from implementing a school wide, or district wide, remote learning program.

And that’s exactly what Carlyle Community Unit School District #1 has done. I called over there this morning and they confirmed the district sent everyone home for remote learning on Friday and it will last throughout this week.

So, the truly bizarre folks who got all upset that their kids would miss school because they caught or have been exposed to COVID-19 have managed to shut down in-person learning for everyone in the district.

Complete, utter insanity.

*** UPDATE *** Another DeVore special

Motions for a temporary restraining order and a preliminary injunction against the Quincy School District and superintendent Roy Webb were filed at the Adams County Courthouse late Monday afternoon by an attorney representing three Quincy families.

The motions were filed by Thomas Devore, a Sorento, Ill., attorney with Silver Lake Group, Ltd., in Greenville, on behalf of plaintiffs Scott and Jamie Lowary and their child, Christina Terwelp and her child, and Travis and Ashley Oshner and their minor child.

The motion for the temporary restraining order asks to allow the children of the three families to “continue their in-person education upon the premises of the district until such time as an order of quarantine might issue against the children.” The motion for the preliminary injunction would allow the children of the plaintiffs to immediately “resume their in-person education unless the (Adams) County Health Department or the Illinois Department of Health has provided defendants with a lawful order of quarantine.” […]

Oshner wrote on his Facebook page that “QHS kicked (his son) out of lunch for his mesh mask” on Aug. 20.

* In other news…

* ISBE rejects Anna-Jonesboro’s request to use COVID relief money on football turf

- Posted by Rich Miller        

47 Comments
  1. - 47th Ward - Tuesday, Aug 31, 21 @ 11:07 am:

    DeVore’s campaign for appellate court judge is off to a great start in Clinton County. One family is a strong supporter, and every other family that wants their kids to be in school is going to be voting against this self-serving numbskull.

    Bang up job there Tom. Probably too soon to get fitted for those black robes though.


  2. - thisjustinagain - Tuesday, Aug 31, 21 @ 11:07 am:

    Great job by the school district to override stupidity. And DeVore must be furious, knowing there’s nothing he can file to get that move overturned.


  3. - Bruce( no not him) - Tuesday, Aug 31, 21 @ 11:08 am:

    ==Complete, utter insanity.==
    In other words, Tuesday.


  4. - Leap Day William - Tuesday, Aug 31, 21 @ 11:13 am:

    *insert “The Price is Right” losing horn here*


  5. - OneMan - Tuesday, Aug 31, 21 @ 11:13 am:

    So when my kids were in school the rule was if you had a fever in the past 24 hours, you were not allowed to go to school.

    So I could have gotten a lawyer and had my feverish kids in school. Good to know.

    Seems like this should fall under the schools ability to maintain order.


  6. - Moby - Tuesday, Aug 31, 21 @ 11:14 am:

    Similar situation at North Mac in Virden. Students were protesting quarantines, so the Superintendent went full remote learning. Talk about backfiring.


  7. - Give Us Barabbas - Tuesday, Aug 31, 21 @ 11:16 am:

    Why can’t the school district and local health department get together and create a rubber stamp notice to the families of sick kids or exposed kids to quarantine? One that has the force of law and is in compliance with the state Constitution? Is the county board of health compromised by red hats or something?


  8. - Pot calling kettle - Tuesday, Aug 31, 21 @ 11:18 am:

    ==So when my kids were in school the rule was if you had a fever in the past 24 hours, you were not allowed to go to school.==

    Also, if you have lice, you are not allowed to go to school until you were certified as free of the little buggers.

    The longer-term consequence of this suit might be a new law to allow schools to quarantine kids in certain circumstances.


  9. - zatoichi - Tuesday, Aug 31, 21 @ 11:18 am:

    I’m sure talks between ZP’s family and other students families are going to go well.


  10. - Southern - Tuesday, Aug 31, 21 @ 11:24 am:

    The anti-maskers and anti-vaxxers in that area are claiming a huge victory. It’s sad, really.
    Even if there’s a tiny bit of victory in this order, it won’t stand. That’s the thing about Temporary Restraining Orders — they’re temporary, and fairly easy to get.
    47th Ward: Unfortunately, lots of folks in that area view it as “fighting the good fight,” and will reward Devore for doing so.


  11. - JS Mill - Tuesday, Aug 31, 21 @ 11:28 am:

    The school should know that they do not have the authority to quarantine students and they should not want to, the is the duty of the health department. Some might think it a no brainer for schools to do it, but we are not hospitals etc. even if we employ a nurse.

    I understand the desire to protect kids for sure, but this just isn’t in our wheelhouse. The county health departments in these rural counties are back to being overwhelmed. They do not have the people or the expertise needed, and it is high time the state took them over/eliminated the county level departments. Too many of them just cannot or will not do the job.

    That Tom “local Con-Troll” Devore thinks the health department needs to go to court to issue a quarantine is insane. It will lead to more schools going remote, exactly as Carlyle did. Those two sets of parents paid Devore for absolutely nothing and I am sure they are very popular in Carlyle these days.

    As predicted, Anna Jonesboro will have to find a new way to spend their covid money. Lol.


  12. - Eastern blox - Tuesday, Aug 31, 21 @ 11:29 am:

    This guy…how many suits has he filed? How many had he lost? Can’t he be sanctioned like those attorneys that kept flying suits over the election results?


  13. - Nobody Sent - Tuesday, Aug 31, 21 @ 11:34 am:

    Stupid is as stupid does.


  14. - Ducky LaMoore - Tuesday, Aug 31, 21 @ 11:36 am:

    “he doubts the school district would continue with their quarantine practice now that they know a judge has ruled against it.”

    So they shut down the entire school instead. Is that the outcome the people who hired him desired?


  15. - Larry Bowa Jr. - Tuesday, Aug 31, 21 @ 11:42 am:

    “Those two sets of parents paid Devore for absolutely nothing and I am sure they are very popular in Carlyle these days.”

    Self awareness isn’t big with these people. The antivax lunatic parents at my kids’ school have no idea how much I and many others loathe them, because it’s all a big game to them. Hence the “winning” and “losing” talk in regard to the SAFETY OF CHILDREN IN SCHOOLS for Christ’s sake.


  16. - Chicago Cynic - Tuesday, Aug 31, 21 @ 11:50 am:

    Grifters don’t make good judges.


  17. - SAP - Tuesday, Aug 31, 21 @ 11:50 am:

    So much winning.


  18. - Stig - Tuesday, Aug 31, 21 @ 12:02 pm:

    “Similar situation at North Mac in Virden.”

    Only the High School is full remote at the moment. Over 30% of students in that building were already quarantined from school and the numbers were only going to go up from there.


  19. - Me just me - Tuesday, Aug 31, 21 @ 12:04 pm:

    Barabbas - https://www.google.com/amp/s/amp.bnd.com/news/local/article229287129.html


  20. - Club J - Tuesday, Aug 31, 21 @ 12:05 pm:

    DeVore was on the Bishop show this morning celebrating his victory from yesterday. He was laughing and carrying on how these people aren’t going to bypass the law for this virus. Then announced how he’s going after the ISBE next cause they think they have to much power. He said that’s for another show. He loves to hear himself talk.


  21. - Stig - Tuesday, Aug 31, 21 @ 12:07 pm:

    It’s a shame that more of these small rural schools have not been able to implement and/or participate in the “Test to Stay” program. It seems like that would have avoided many of these large groups of kids being quarantined only due to exposure.


  22. - Candy Dogood - Tuesday, Aug 31, 21 @ 12:08 pm:

    “Hey, I’m reading your proposal for the COVID-19 funds. This is really funny. Thanks for the laughs. Can you send over your actual proposal? …This is your actual proposal. Hah. No. Just no.”

    -ISBE staff member to Anna-Jonesboro


  23. - Jocko - Tuesday, Aug 31, 21 @ 12:15 pm:

    I can’t wait for DeVore’s objection to kids being suspended for bringing matches/lighters to school. To be followed by the community’s response to simply burn the building down.


  24. - truthteller - Tuesday, Aug 31, 21 @ 12:20 pm:

    the eastern bloc and their people are the pure definition of insanity and too bad they are killing off their supporters now for no good reason except politics. Proving darwinism is winning


  25. - Jocko - Tuesday, Aug 31, 21 @ 12:22 pm:

    ==they do not have the authority to quarantine students==

    But they can have the parents pick them up if they have a fever or show symptoms…which often happens once the ibuprofen (taken first thing that morning) wears off.


  26. - illinifan - Tuesday, Aug 31, 21 @ 12:28 pm:

    I almost feel like school districts should set up a school for the anti-vaxx/mask crowd, and one for those who want to follow the science. It could be a surprise as to how the demographics would break down. Naturally this is not viable, but hey I can wish.


  27. - Thomas Paine - Tuesday, Aug 31, 21 @ 12:29 pm:

    1) Thanks Jeanette Deichman and Ronald Peters, the two parents who filed this suit. Everyone in Clinton County deserves to know their names, which are public record.

    2) The judge is correct that the school district cannot order the kids to quarantine. However, the district can ban them from attending school until iit is safe to return. What they do while they are out of school, the district has no control over.

    Sloppy lawyering, the Illinois Association of School Boards ought to provide better assistanc3 to districts.


  28. - TheInvisibleMan - Tuesday, Aug 31, 21 @ 12:31 pm:

    – the school district could not take over the role of quarantining students just because they were not getting the assistance they wanted from the county health department. –

    This is exactly what I was imagining was going to happen, as health departments across the state have been acting like nothing more than defacto extensions of their local chambers of commerce.

    A failure of a local health department abrogates its responsibilities, then someone else with sense tries to do their job for them and can’t.

    It is beyond time to re-examine how we structure health departments into county level areas. The experiment has resoundingly failed from when they were initially created.


  29. - Blackhawk - Tuesday, Aug 31, 21 @ 12:34 pm:

    Can they play football or other sports nthat they are full remote. If not, that will make everyone happy.


  30. - Anonymous - Tuesday, Aug 31, 21 @ 12:40 pm:

    =But they can have the parents pick them up if they have a fever or show symptoms…which often happens once the ibuprofen (taken first thing that morning) wears off.=

    This has been standard practice for eons, and it is not the same as quarantining that is an official act only allowed by the IDPH or a local health department.

    =However, the district can ban them from attending school until iit is safe to return.=

    Not really. If the student obtains a doctors note they may return, regardless of the school districts opinion. You cannot bar a student from attending school indefinitely unless there is board action. The maximum is 10 days, and then there are restrictions. Only a board can keep a student out of school (unilaterally) for more than 10 days.

    If a student is sick we can require a doctor’s note to return. With COVID, parents have been working with the health department.


  31. - JS Mill - Tuesday, Aug 31, 21 @ 12:41 pm:

    Anon at 12:40 was me.


  32. - JS Mill - Tuesday, Aug 31, 21 @ 12:43 pm:

    =Sloppy lawyering, the Illinois Association of School Boards ought to provide better assistanc3 to districts.=

    This is not a school board issue. This falls to the day to day and the schools own legal counsel should have helped them out along with the administration educating themselves on the proper protocol.


  33. - Highland, IL - Tuesday, Aug 31, 21 @ 12:51 pm:

    ===Why can’t the school district and local health department get together and create a rubber stamp notice to the families of sick kids or exposed kids to quarantine?===
    The Clinton County Health Board & Sheriff Department had to ask the public to stop harassing the Health Department employees last week over Covid issues.


  34. - 3.1415 - Tuesday, Aug 31, 21 @ 12:56 pm:

    And now the Quincy School District has to deal with DeVore’s self-described, “insight to all things Mask Mandates and Local Control.”

    https://muddyrivernews.com/top-stories/attorney-for-three-families-files-motion-for-temporary-restraining-order-preliminary-injunction-against-quincy-school-district/20210831115749/


  35. - Give Me A Break - Tuesday, Aug 31, 21 @ 1:07 pm:

    No they can’t play football.

    North Mac announced they won’t play Friday night. That should make the anti mask gang happy.

    Virden and Girard live for Friday Night Lights in the Fall. They should enjoy watching the kids that play football, play in the band, cheerlead and do poms, sitting at home Friday night due to the actions of their neighbors.


  36. - Osborne Smith III - Tuesday, Aug 31, 21 @ 1:10 pm:

    “DeVore was on the Bishop show this morning celebrating his victory from yesterday.”

    Could we please stop pretending that Greg Bishop, or his WMAY show, are legitimate sources of news? We all know his motivations.


  37. - Demoralized - Tuesday, Aug 31, 21 @ 1:11 pm:

    To the update . . .

    The kid should have been kicked out for the mesh mask.

    As for the quarantine, were the children sent home to quarantine because they are positive for COVID or were they just a close contact?

    I truly hope that justice is served and Devore is eventually disbarred for all of his ridiculous antics during this pandemic.


  38. - Thomas Paine - Tuesday, Aug 31, 21 @ 1:19 pm:

    === This is not a school board issue. ===

    The school district, “a body politic”, and the superintendent were named separately as defendants in the case.

    If you are on a school board, and you don’t think setting policy around COVID and defending it is in your job description, get off the school board.

    Again, IASB has the best education lawyers in the state at its beck and call. It can pick up the phone and get the state superintendent or the governor on the horn any day it wants.


  39. - Fixer - Tuesday, Aug 31, 21 @ 1:33 pm:

    Tom Devore, maybe: “Fine, if I can’t be on the school board after mocking disabled students, I’ll just sue all of them instead.”


  40. - Oswego Willy - Tuesday, Aug 31, 21 @ 1:34 pm:

    The death cult needs its shepherd

    That’s what wins like this bring until they are overturned.


  41. - JS Mill - Tuesday, Aug 31, 21 @ 2:07 pm:

    =If you are on a school board, and you don’t think setting policy around COVID and defending it is in your job description, get off the school board.

    Again, IASB has the best education lawyers in the state at its beck and call. It can pick up the phone and get the state superintendent or the governor on the horn any day it wants.=

    For the record, I am a school superintendent. And sending kids home is a day to day responsibility not the school boards job. I am not sure what the rest of that is about, school board members are the policy and vision arm of the process, never said they were not.

    As of the IASB- they definitely do not have the best lawyers at their beck and call. They do not have that kind of pull with the governor’s office. They might like you to think that, but they do not.

    Districts have to depend on their local counsel, that is who will be defending them in court, not the IASB or IASA for that matter.

    The IASB may provide PD opportunities for the Board, but the Board does not engage n the day to day running of a district. At least good ones do not.


  42. - Skeptic - Tuesday, Aug 31, 21 @ 2:17 pm:

    Replace “COVID” with “Plutonium” and then ask yourself what you would do.


  43. - thechampaignlife - Tuesday, Aug 31, 21 @ 2:58 pm:

    This TRO appears to be a semantics issue. The school district is sending them home to “quarantine”. However, they mean that in the sense of “you cannot be in person at school today”, not the legal definition of quarantine that only the health dept can order. If they drop the quarantine term and call it a “personal remote learning day”, the argument would be moot. I hope they appeal the decision, and change the term they use.


  44. - Anyone Remember - Tuesday, Aug 31, 21 @ 2:58 pm:

    ===We all know his motivations.===

    They were made manifestly evident when he asked Gov. Pritzker why the state budget hadn’t decreased if agencies had been hollowed out.


  45. - Lt Guv - Tuesday, Aug 31, 21 @ 3:04 pm:

    To cite the greatest sage of the greatest generation, “what a maroon (banned punctuation)”


  46. - JS Mill - Tuesday, Aug 31, 21 @ 6:29 pm:

    =If they drop the quarantine term and call it a “personal remote learning day”, the argument would be moot.=

    So long as they have a remote learning plan this is spot on.


  47. - Katherine Daniels - Tuesday, Aug 31, 21 @ 9:43 pm:

    As I understand it, the County Health Department quarantine only lasts 48 hours. Their power is limited. Then, it is the State’s Attorney responsibility to prosecute the quarantine.


Sorry, comments for this post are now closed.


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