* Bloomberg…

An Illinois appellate court dismissed Governor J.B. Pritzker’s appeal of a lower court’s ruling against his mask mandate in schools, calling the request “moot” after a legislative committee suspended the requirement’s renewal.

On Thursday, the Illinois Fourth District Appellate Court rejected the appeal, noting that the state’s department of public health on Feb. 14 had renewed the emergency rules, originally enacted in September 2021, but that a legislative committee had then suspended that renewal this week.

“Thus, none of the rules found by the circuit court to be null and void are currently in effect,” the court wrote in its ruling on Thursday. “Accordingly, for the following reasons, we dismiss defendant’s appeal because the expiration of the emergency rules renders this appeal moot.”

* From the decision…

While the public is rightfully interested in the propriety of the circuit court’s determination that the emergency rules are “null and void,” such circumstances do not automatically make the issue one of a public nature as defined by the public-interest exception. Further, given the changing nature of the COVID-19 pandemic—which affects the State defendants’ response to the pandemic—and JCAR’s decision on February 15, 2022, it is not clear these same rules would likely be reinstated. As a result, we do not find the public-interest exception applies in this case.

Man, the three House Democrats on JCAR really put the state’s position in a bad spot when they voted to suspend that emergency rule.

* And what about the governor’s executive orders? Pritzker believes they are still in effect for schools that are not part of the case, but nobody really knows for sure. From Justice Holder White’s dissent…

As it stands, the majority’s decision leaves open the question of whether the circuit court properly enjoined the enforcement of the executive orders.

…Adding… Jesse Sullivan…

Gubernatorial candidate Jesse Sullivan issued the following statement:

“This governor will stop at nothing to ensure he alone controls the lives of our schoolchildren. More than 500 Illinois school districts were already ignoring his hollow threats. Now, the appellate court has sided with parents in striking down Pritzker’s mandate. The governor has proven he only cares to listen to the most extreme ideologues within the Chicago Teachers Union and Washington D.C. As governor, I promise to put parents’ voices first.”

…Adding… CPS…

Chicago Public Schools (CPS) stands by our proven COVID-19 safety mitigation measures and is pleased the Appellate Court has confirmed that the Temporary Restraining Order does not prohibit school districts from independently requiring masks, vaccinations for staff, and requiring individuals who have tested positive or have been exposed to COVID-19 to learn/work from home. Our schools will continue to enforce these policies, including mandated universal masking.These safety measures are what have allowed us to provide our students with the in-person learning environment they need throughout this school year. We will continue to follow these protocols until such time as our public health partners advise us that restrictions can be safely lifted.

We are encouraged to see COVID-19 cases dropping, and we remain optimistic about what this will mean for our school communities in the future. Our top priority remains the safety and stability of CPS students, staff, and families.

Background

• February 4, a downstate court issued a legal decision regarding Governor Pritzker’s requirements for COVID-19 safety measures in schools. This decision was immediately appealed by the Illinois Attorney General. Today the appellate court upheld local control, clarifying the TRO does not prohibit school districts from implementing their own safety policies and protocols with the following language:

“We note the language of the TRO in no way restrains school districts from acting independently from the executive orders or the IDPH in creating provisions addressing COVID-19. Thus, it does not appear the school districts are temporarily restrained from acting by the court’s TRO.”

…Adding… IFT…

Illinois Federation of Teachers (IFT) President Dan Montgomery issued this statement following the 4th District Appellate Court’s ruling on the motion for a stay.

“The Illinois 4th District Appellate Court’s decision released late last night makes one thing clear: school districts are free to implement their own safety measures around COVID-19. And they should. Since the beginning of this pandemic, we have insisted that proper mitigations are in place to protect students, teachers and staff, and their families. This was to reduce sickness and death and to keep schools open for in-person learning as much as possible. Today’s appellate court ruling does nothing to change that calculus.

“We continue to insist that school districts statewide abide by existing collective bargaining agreements that are in place to promote health and safety in schools and to follow our laws around safe schools and workplaces. As cases continue to decline, discussions about removing these mitigations must be based on good public health decisions. Medical science tells us that vaccinations, masking, and proper ventilation have been the best ways to maintain health in schools. Schools have been able to remain open because of the implementation and enforcement of these mitigation strategies designed to protect everyone in school communities, including their families.”

…Adding… IEA…

The following is attributable to Illinois Education Association (IEA) President Kathi Griffin regarding the 4th District Appellate Court ruling on the State of Illinois’ appeal of Judge Grischow’s Feb. 4, 2022, Temporary Restraining Order (TRO) in the Sangamon County COVID school litigation:

“We appreciate the clarity brought forth in the Fourth District Appellate Court’s decision last night dismissing defendants’ appeal of the temporary restraining order (TRO) finding that the expiration and non-renewal of Illinois Department of Public Health and Illinois State Board of Education emergency orders regulating COVID mitigations in schools made their arguments moot. There has been much confusion over what Circuit Court Judge Raylene Grischow’s original ruling even meant. It appeared to apply only to those districts named in the original court cases, which would be about 150. But according to school administrators, there are at least 500 mask-recommended districts now in Illinois.

“Students crave consistency. But, Judge Grischow’s Feb. 4 decision to enter a TRO in the case sent schools into chaos.

“A bright spot in the decision clarifies for which parties the TRO applies. The appellate court affirmatively stated that ‘the language of the TRO in no way restrains school districts from acting independently from the executive orders or the IDPH in creating provisions addressing COVID-19.’

“These past few weeks have been tumultuous in schools around the state. They have been described by some as the worst time in our teachers’ and education employees’ careers. They’re getting angry emails, having to comfort scared students and are working to help calm other students who are dealing with the trauma that this pandemic has caused. Schools are supposed to be students’ safe haven. That’s not what we’ve been seeing at many of our schools recently. We know school board meetings have been canceled and schools have shut down because of threats and protests. This has to stop.

“Mitigation efforts are not political. They are put in place to keep students and school staff from getting sick, or from bringing home COVID-19 to loved ones who may be susceptible.

“As the weather gets warmer and as hospitalizations continue to decline, we are hopeful that school districts will adhere to their duty to bargain in good faith with local associations over health and safety issues, including mitigation efforts, and remind all that any existing collective bargaining agreements or memoranda of understanding around these issues remain intact.

“We need people to remember we are all in this together – parents, community members, educators and our students. There is a light at the end of this long, dark tunnel. We need to come together to find thoughtful solutions to bring some calm back to our schools, which will provide a better environment for our teachers and staff to provide students the important learning and emotional support that they need.”

…Adding… Irvin campaign…

Gubernatorial candidate and Aurora Mayor Richard Irvin released the following statement following the Appellate Court’s dismissal of Governor Pritzker’s appeal to reinstate the statewide mask mandate for schools:

​”​The court’s decision is a win for parents and schools across our state who have been victims of Pritzker’s unilateral control over the last two years. This is just the first step in restoring parents​’​ rights and getting local communities back to the table when it comes to the decision-making process.​”​

Earlier this week, bipartisan legislators in Springfield voted unanimously to block the Governor’s emergency powers to mandate masks in schools. Parents and communities across the state have been outspoken critics of Pritzker’s attempts to keep kids masked after announcing that the indoor mask mandate would end for everyone else.