Capitol Fax.com - Your Illinois News Radar » Pritzker say judge’s “poor legal reasoning” cultivates “chaos,” says schools not named as defendants “should continue to follow the prescribed public health protocols,” says hopes to follow the mandate relaxation path of Northeastern states where omicron hit first
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Pritzker say judge’s “poor legal reasoning” cultivates “chaos,” says schools not named as defendants “should continue to follow the prescribed public health protocols,” says hopes to follow the mandate relaxation path of Northeastern states where omicron hit first

Monday, Feb 7, 2022 - Posted by Rich Miller

* Gov. Pritzker had this to say today before he took questions from reporters

Judge Raylene Grischow’ ruling is out of step with the vast majority of legal analysis in Illinois and across the nation.

Most importantly, it constrains the ability of the named school districts to maintain safe, in-person learning requirements, as if kids need a minute more of remote learning when there are common sense tools that we have to reduce and prevent it.

The judge’s decision cultivates chaos for parents, families, teachers and school administrators across the state. And I’ve asked Attorney General Kwame Raoul to seek to have the ruling overturned with all possible speed.

For millions of Illinoisans wearing masks has never been about what was required by the governor or any other authority. No. Masks are, for most people anyway, have been about doing what’s right for yourself, for your loved ones, for others for your community as a whole. Nowhere is that more true than in schools, community hubs where parents and grandparents, teachers and staff interact with each other every day. Hundreds and even thousands of people in a community are affected when there’s an outbreak in a school that’s gone maskless. That effects not only whether a school will go remote, but also whether workers at local businesses will get sick, and therefore whether those businesses can stay open.

The Illinois schools that have not been named as a defendant in the lawsuit should continue to follow the prescribed public health protocols, which have proven to reduce school exclusion rates and have made it possible for our kids to continue learning safely in person. The districts who have reached a shared understanding with their labor unions must continue to follow the public health requirements in those agreements as well.

Masks work, which is why Illinois is leading the Midwest in its pandemic response. Masks keep kids safely in school in person, which we all want. Across the state, the nation and the world the evidence is there, whether or not you want to look at it. In the moment that we’re in right now, masks are a proven tool, not a new feature of life, but a tool to get us through this time. By and large the people of Illinois have kept their masks on to keep everyone safe. And thankfully, we’ve seen our COVID metrics go in the right direction.

We’ve already seen Northeastern states where omicron hit first, like New Jersey, see the signs that they need to lift these protocols, namely decreased hospitalizations. As Dr. Ezike and I cautiously noted, that for a few weeks from now, our COVID rates are also moving in the right direction. And as I said last week, I hope to provide some additional guidance in coming day as we continue to evaluate the numbers. As we’ve been doing from the start, we are following the science.

As for this specific case, poor legal reasoning should not take one of our most effective tools off the table. So, again, I’ve asked the Attorney General to continue to aggressively appeal this decision so that school districts can do what they need to do to keep students, staff and community safe and happy to take any questions.

Please pardon all transcription errors.

* Some of the Q&A

Q: The governor of New Jersey, a Democrat, just announced that no more masks in schools, beginning the second week of March. Everyone wants to know, what metrics are you going to use to remove mask mandates in schools and in the state and get rid of the vaccine passports? [He already answered that in his opening remarks, but Amy apparently wasn’t listening.]

A: Hospitalizations, hospitalizations, hospitalizations. I’ve been saying that for quite some time now. As you know, we reached an all-time high in hospitalizations at around 7400. … When the mask requirements were removed last summer, I don’t know if anybody remembers that, I think we all were very optimistic. We saw those numbers take a dive, the hospitalization numbers take a dive. We watched very carefully. We saw for two incubation periods that things kept moving in the right direction. And indeed, I believe, on June 11, we removed mask mandates. Then, a month and a half later or so, we saw these numbers start to rise. We became concerned in particular about schools coming back in and the transmission of the virus through schools into communities. And so we began to ask people to put masks back on. That’s going to be something we’re going to have to consider all the way along here. Even when if we remove the requirement that people wear masks in various settings, there may come a time in the future when we would want people to put their masks back on. That’s why we’re fighting this case and appealing this case.

Q: What numbers? Could you be more specific? Where should the hospitalizations be?

A: Well, significantly below the peak that we were at. As you know we’re a little less than about half of what that number was. And so you know, again, we’re watching very carefully. I’m listening to the doctors about what numbers they believe are correct. And no doubt we are heading in the right direction. So you’ll be hearing more about that.

Q: Dr. Ezike keeps saying we hit 400 cases a day we’ll drop the mask mandate. Is it her decision, or is it your decision? Because last I checked, she’s not an elected official. But she every day, every week, when we go to the press conference, she says…

A: Do you want non-scientists, non-doctors to make decisions that will affect seriously the health and lives of the people of Illinois with an epidemic that we have seen, a pandemic that we have seen? The answer is yes, of course, the ultimate decision is mine. But you want me listening to the best experts that we have. And I do and it includes our Department of Public Health. But also as you know, we’ve got some of the best epidemiologists in the world here in Illinois at private institutions, at public institutions. And I rely upon them as well talking to them on a regular basis.

Q: What do you tell superintendents right now who are trying to figure out what to do? I mean are there tools the state can give them? Are there updates on when you think there’s going to be a decision? My kids’ superintendent was saying, imploring parents not to send their kids to school without masks. So, for the people on the frontlines, what can you do to help?

A: Well, the judge has created a tremendous amount of confusion, even in the way she wrote her decision. So that has been problematic. We’ve asked and did in fact, have the Attorney General Staff talking to the staffs of schools all across the state over the weekend, to give them their best advice and allowing them to make decisions for themselves, of course. But we want to make sure that we’re getting an appeal heard as soon as possible so that we can, you know, rid ourselves of the fog of the, frankly, not good decision by the Sangamon County Court. […]

Q: Your opponents… are going to say you created chaos, not the judge…

A: This virus created chaos. Let’s face it, I mean, all of our lives have been upended by a virus that no one expected. And then the question is, what is the human reaction? What is our community, our state’s reaction to that? And we have reacted in a way that has saved lives, and we have the best rate of vaccinations in the Midwest, we have a tremendous record of keeping people healthy and alive during this terrible time that we’ve been in. And it’s because we have these tools.

       

37 Comments
  1. - Not a Superstar - Monday, Feb 7, 22 @ 12:29 pm:

    Just a quick example of the chaos wrought by Judge Grischow: in our suburban high school, which adheres to a mask requirement, today there are about 200 students in the auditorium because they refuse to wear a mask. Madness.


  2. - Huh? - Monday, Feb 7, 22 @ 12:31 pm:

    Relaxing any covid measures is a dumb idea. Look at what happened last fall prior to omicron hitting. Covid measures were relaxed, omicron hits and cases and deaths increased.

    Until and unless covid is stopped, maintaining masking and Vax mandates ought to be continued.

    The fact of the matter is we don’t know when the next virulent varient will hit.

    Better safe than sorry.


  3. - JB Whisperer - Monday, Feb 7, 22 @ 12:39 pm:

    And how is the chaos not JBs fault? He knew this was coming for weeks.


  4. - Rich Miller - Monday, Feb 7, 22 @ 12:40 pm:

    ===Until and unless covid is stopped===

    Not ever gonna be stopped.


  5. - James in Frankfort - Monday, Feb 7, 22 @ 12:40 pm:

    200 students are in an auditorium because school officials decided to do that. Not because of the judge. There are plenty of schools right now in IL that are not doing that, just optional and going about their day. That’s on the schools, not JB or a judge.


  6. - Candy Dogood - Monday, Feb 7, 22 @ 12:45 pm:

    ===He knew this was coming for weeks. ===

    The ruling for the TRO was so poorly decided that anyone who had Grischow working on their case, et al, when she was a partner at Hinshaw & Culbertson should be concerned.


  7. - Steve - Monday, Feb 7, 22 @ 12:46 pm:

    Masks aren’t going away anytime soon in Illinois. JB might even change his metrics. That’s what the majority of people want here in Illinois.


  8. - JS Mill - Monday, Feb 7, 22 @ 12:46 pm:

    =He knew this was coming for weeks.=

    Please share the correspondence between the judge and the governor that would support your statement.

    It is unlikely that anyone could have guessed this outcome, mainly because the judge exceeded her jurisdiction in an attempt to apply her decision statewide, where she does not have authority.


  9. - Steve - Monday, Feb 7, 22 @ 12:50 pm:

    -It is unlikely that anyone could have guessed this outcome-

    Which is why it will likely be overturned.


  10. - northsider (the original) - Monday, Feb 7, 22 @ 12:53 pm:

    The Northeastern states that are dropping mask requirements aren’t doing it TODAY. They’re watching and verifying the metrics and if the downward trend continues its rapid fall, masks can come off. NOT TODAY.
    No harm comes from waiting until we reach a safe-enough level. Irreparable harm comes if we don’t.


  11. - Lord of the Fries - Monday, Feb 7, 22 @ 12:54 pm:

    Ah just Pritzker questioning the legitimacy of the court system. Nothing to see here. Keep it moving.


  12. - Peanut Gallery - Monday, Feb 7, 22 @ 12:57 pm:

    Teachers do not get paid enough to deal with the chaos happening in my local district today.


  13. - Oswego Willy - Monday, Feb 7, 22 @ 1:02 pm:

    === So the kids should mask forever ?===

    Not ONE person said that.

    Pick a name. Argue like an adult. This is Facebook ridiculous


  14. - The Velvet Frog - Monday, Feb 7, 22 @ 1:03 pm:

    “So the kids should mask forever?”

    Of course not. It’s addressed in the statement he gave this morning AND the follow up question: lose the mask when hospitalizations drop.

    Have people really forgotten that the state had a previous mask mandate and ended it when the numbers made sense?


  15. - Blake - Monday, Feb 7, 22 @ 1:24 pm:

    We also saw the delta wave pass & the mask mandate remain in the interim between waves. We’re not going to continue on a war footing against Covid forever even if hospitalizations remain high & hospitalization is quite disproportionately among the unvaccinated. The cost-benefit relationship ain’t what it was last February. Rich also reported Friday hospitalizations are under half their mid-January levels. NPI’s like masks bought us time & that time has come.


  16. - Chicago Blue - Monday, Feb 7, 22 @ 1:26 pm:

    @ Lord of the Flies

    Can you please point out where Pritzker questioned the legitimacy of the judicial system?


  17. - The Velvet Frog - Monday, Feb 7, 22 @ 1:32 pm:

    Will it ever completely go away? No, but we certainly have the potential to get it under much better control and get a lot closer to “normal”.

    Has the time come for lifting mask mandates? I’d say not immediately, today, in IL but soon. NJ has announced it will be in a month. Delaware is dropping it for schools end of March. And NJ specifically is giving local boards the power to do a mask mandate if the numbers suggest it there. That all sounds really reasonable to me and I could see IL ending up with a similar time table assuming the numbers keep improving.


  18. - Wensicia - Monday, Feb 7, 22 @ 1:34 pm:

    We’ve had over 75 individuals test positive for the virus in my high school the past five weeks. That number could have easily been in the hundreds without the mask mandate. Masking works and are keeping our schools open, while reducing the number of students quarantined for exposure.


  19. - James Holderman's lost conscience - Monday, Feb 7, 22 @ 1:47 pm:

    Darwin will have the last laugh. People argue about the long-term impact of masks but fail to recognize the long-term impact of long Covid. Information is just starting to emerge about children suffering skin issues, GI problems, cardio-vascular impairment, etc all in the wake of COVID infections. https://www.thelancet.com/journals/lanchi/article/PIIS2352-4642(21)00342-4/fulltext


  20. - DirtLawyer - Monday, Feb 7, 22 @ 2:33 pm:

    === Even the CDC now admits that cloth masks do little to stop the spread. ===

    Even just cloth masks reduce the odds of contracting Covid–19 x 56%. When exactly did you pass your pediatrics boards?

    https://www.cdc.gov/mmwr/volumes/71/wr/mm7106e1.htm


  21. - Techie - Monday, Feb 7, 22 @ 2:48 pm:

    @Cover Up

    “That’s if worn properly. Please show me the kids that wear these properly. You’re on the wrong side of this. Even New Jersey and Delaware are lifting these mandates”

    I see plenty of kids wearing these properly. Sure, not every kid will, but that simply means they should be reminded how to wear it right, not just give up.

    Hospitalizations are an important metric. I was in the ER the night before New Year’s Eve, and New Year’s Eve itself. The wait times were not pretty - the staff even announced over the intercom that patients who had yet to be seen weren’t forgotten about, that they were simply flooded with cases, and they were doing the best they could.

    Are we getting close to a point of lifting mandates? Probably. But claiming someone is “on the wrong side of this” because they want to continue public health measures until it seems hospitals won’t be crushed by a resurgence is completely the right side of this. At least if you value public health and a functioning hospital system.


  22. - DirtLawyer - Monday, Feb 7, 22 @ 2:51 pm:

    === That’s if worn properly. Please show me the kids that wear these properly. You’re on the wrong side of this. Even New Jersey and Delaware are lifting these mandates===

    All I know is that, when I pick my grandchildren up from school, every single child is wearing their masks properly. I can’t speak for everyone, and neither can you.

    On the wrong side? Note that New Jersey is lifting the mandates not immediately but in a month, assuming the numbers keep going down. I think that would be a sound strategy here. So, apparently, do the Catholic dioceses in Illinois. And so does my wife, who probably knows more about COVID-19 than anyone in this thread. She is concerned that ripping off the Band-Aid is an invitation for a spike. Let’s both hope this doesn’t happen.


  23. - Roadrager - Monday, Feb 7, 22 @ 2:52 pm:

    Don’t throw your back out, Cover Up. Those goal posts are heavy.


  24. - Oswego Willy - Monday, Feb 7, 22 @ 3:02 pm:

    === Show me in history where masks have stamped out a virus.===

    Welp, after the flu pandemic in 1918, I can’t remember wearing a mask until these past months.

    I know, having a goldfish memory, and never learning history ain’t your thing, but…


  25. - The Velvet Frog - Monday, Feb 7, 22 @ 3:03 pm:

    NJ is dropping masks for schools in a month, Delaware in six weeks. I’d totally support that timeframe assuming the numbers continue to improve. Not sure what the “wrong side” is supposed to mean in the context of your post.


  26. - The Velvet Frog - Monday, Feb 7, 22 @ 3:04 pm:

    You’re starting to sound like you’d prefer a vaccine mandate to a mask mandate. You know, since you’re talking about what is able to successfully stamp out a virus.


  27. - Oswego Willy - Monday, Feb 7, 22 @ 3:07 pm:

    ===Masks didn’t end the 1918 flu pandemic.===

    They saved lives. It was in all the papers.

    Keep up.


  28. - The Velvet Frog - Monday, Feb 7, 22 @ 3:12 pm:

    ==Show me in history where masks have stamped out a virus.===

    But for the love of God, DON’T show him all the examples in history where a vaccine stamped out a virus…


  29. - Oswego Willy - Monday, Feb 7, 22 @ 3:14 pm:

    === But for the love of God, DON’T show him all the examples in history where a vaccine stamped out a virus…===

    LOL

    You win, well played.

    ===Please read your history===

    Masks weren’t part of eradicating the flu?

    Huh. Is that an alternative fact, or…


  30. - Brian - Monday, Feb 7, 22 @ 3:26 pm:

    re: recent CA study
    Quite a few limitations noted in the discussion, including accounting for physical distancing, social bias, small sample sizes, and effect of the Omicron variant.

    Also, given the last prominent CDC-published study had its limitations:
    https://www.theatlantic.com/science/archive/2021/12/mask-guidelines-cdc-walensky/621035/


  31. - Pundent - Monday, Feb 7, 22 @ 4:05 pm:

    The problem with the anti-mask/anti-vax argument is that there is no offer of a reasonable public health alternative. It’s all rooted in denial or letting the virus do whatever it wants.


  32. - The Velvet Frog - Monday, Feb 7, 22 @ 4:14 pm:

    And unsubstantiated claims that kids lives are all being destroyed by masks. Also they insist they are unemotional and based in “science”.


  33. - Retail - Monday, Feb 7, 22 @ 5:33 pm:

    Like all pandemics, the virus runs its course after about 3 years and becomes endemic. Man does not alter this course. Especially since this current vaccine does not prevent anything. It can only help minimize symptoms


  34. - The Velvet Frog - Monday, Feb 7, 22 @ 5:36 pm:

    ==this current vaccine does not prevent anything==
    Just so you know, facebook is down the hall and to the left.


  35. - Proud Papa Bear - Monday, Feb 7, 22 @ 5:39 pm:

    “ Just so you know, facebook is down the hall and to the left.”
    Or in this case, to the right.


  36. - Anonymous - Monday, Feb 7, 22 @ 5:55 pm:

    ==It can only help minimize symptoms==

    Symptoms that include death.


  37. - Big Dipper - Monday, Feb 7, 22 @ 5:55 pm:

    5:55 was me.


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