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DeVore files Macoupin County lawsuit against more than 100 school districts over mask mandate

Wednesday, Oct 20, 2021 - Posted by Rich Miller

* Just a warning that I may have missed some stuff because there’s a lot to this so click here and post whatever you find in comments and I’ll update as necessary

NOW COMES, Plaintiffs, individually, and on behalf of their minor children (hereinafter the minor children shall be collectively referred to as the “Students”) by and through their attorneys Thomas G. DeVore, Jeffrey A. Mollet and Erik D. Hyam, and the Silver Lake Group, Ltd., and for their Verified Complaint for Declaratory Judgment and Injunctive Relief against Defendants […]

Each of the Plaintiffs (other than North Mac Community School District #34 Parents which were already certified as a class), seek to represent a class of other parents or legal guardians who also have children who attend school within their respective School Districts. […]

Whether Students can be required to wear a mask while on the property of the School Districts, or be excluded from school and denied in-person learning without a lawful order of quarantine from the local health department having jurisdiction over such matters as to each particular School District, are two common questions to all putative class plaintiffs within each of the School Districts. […]

As a part of the School Districts’ back-to-school plans, all the Students are being mandated by the School Districts to wear a mask while on school property.

At all times relevant, the Students are involuntarily wearing masks while on the School Districts’ premises.

The Plaintiffs’ minor children will be excluded from the premises of their respective School Districts if he/she refuses to wear a mask.

In alleged conformity with the directives of Pritzker, IDPH and ISBE, the School Districts have adopted a policy which, without having obtained consent of a parent or legal guardian, or having obtained a lawful order of quarantine issued by the court on behalf of a local health department, will exclude the Students from the School Districts’ premises if a Student is deemed to have been in alleged close contact to a positive COVID person.

At all times relevant, the Students are not currently positive for COVID.

At all times relevant, the Students are not exhibiting symptoms consistent with COVID.

All of the School Districts have implemented and are illegally enforcing the exclusion directives issued by Pritzker, IDPH and ISBE.

As such, all of the School Districts are currently engaging in the policy of excluding Students from their premises based upon a close contact determination which does not include consent of a parent, or a lawful order of quarantine having issued against the Students by the certified local health department or IDPH.

The lawsuit quotes a Fox News segment that we debunked here. And it makes this claim

The COVID-19 virus has been in existence for over 1 1⁄2 years, and as such the existence of this infectious disease could never be a sufficient basis for which to invoke the emergency rulemaking power of the Illinois Administrative Code.

* They also claim this

Quite simply, the Defendants are infringing upon the lawful right of the Students, and of their parents or guardians, to be free to choose for themselves whether mask wearing as a treatment, or type of modified quarantine, for the purpose of limiting the spread of an infectious disease, is, absent a court order, appropriate, especially where the Defendants have used, as a sword, direct and unabashed threats to the Students; right to an education if they refuse to comply.

* Among other things, they’ve asked the court to do this

Declaring, absent consent of the parents or guardians, the Defendants must have in their possession a lawful order of quarantine issued on behalf of the certified local health department before the Students can be compelled to utilize a mask, which use is purported to limit the spread of an infectious disease, while on school property. […]

Declaring under 20 ILCS 2305(c), the parents, guardians, children, and Students have a due process right to refuse a modified quarantine which is alleged to limit the spread of an infectious disease; […]

Declaring the Revised Guidance does not have the effect of Rule as it was not adopted following the procedures of the Illinois Administrative Procedures Act; […]

Declaring Executive Order 2021-24 and 2021-25 are invalid to the extent they seek to expand power of the School Districts, ISBE, or IDPH to exclude children or Students from the premises of the School Districts due to have been deemed an alleged close contact, absent consent of the parent, guardian or a lawful order issued pursuant to 20 ILCS 2305 […]

Enter an injunction permanently enjoining the School Districts from compelling the Students, as well as all other children similarly situated, to utilize a mask, alleged to prevent the spread of an infectious disease, unless the parent or legal guardian consents or a lawful order has issued in favor of the certified local health department pursuant to 20 ILCS 2305

…Adding… I saw this as well. From comments…

Devore was soliciting $5,000 + filing fees per district to be part of lawsuit

…Adding… An example of the fundraising…

  36 Comments      


*** UPDATED x1 - Senate also cancels *** House cancels Thursday session

Wednesday, Oct 20, 2021 - Posted by Rich Miller

* The House Democratic caucus has been notified that the chamber is canceling tomorrow’s session, which is not a big surprise. As I’ve been telling subscribers for a while now, the important stuff will mostly happen in the second week of veto session. HDem members were told today to prepare for a “busy and full week next week.”

I’ve checked with the Senate and will get back to you.

*** UPDATE *** The Senate confirms it has canceled tomorrow as well.

  3 Comments      


Don’t believe everything you read

Wednesday, Oct 20, 2021 - Posted by Rich Miller

* Hey, SJ-R, the court threw out a prior remap law from May, not the new one passed in August

Gov. JB Pritzker and Democrats who control the Illinois General Assembly suffered a major legal setback Tuesday when a federal court threw out the new state legislative district map favoring Democrats.

*Sigh*

As we discussed yesterday, we knew it was a given that the May remap plan wouldn’t pass legal muster because it clearly violated longstanding judicial precedent on population deviation. It’s the main reason why they had to draw a new map. Click here for more info on that.

* More SJ-R

The fact that Democratic lawmakers later tweaked the map based on 2020 data in August and Pritzker signed that amended map into law the following month didn’t negate the legal issues that led to Tuesday’s ruling, the judges said. The amended map had legal “defects,” according to the judges.

The judges said no such thing about the amended map. The only mention of the word “defects” in the opinion is when the court invited plaintiffs to explain what they believe the defects are.

…Adding… The SJ-R has now posted a revised version of the story without explaining what it got wrong to begin with and how that was so important.

…Adding… The revised SJ-R headline is still wrong: “Federal court throws out Democrats’ initial legislative district remap, orders revisions.” The court has not ordered any revisions.

…Adding… Third headline try is a charm: “Federal court throws out Democrats’ initial legislative district remap, will consider revisions”

* On to Politico

A federal court has intervened in the state’s legislative redistricting process and ordered new changes to a map lawmakers unveiled (and scrapped) months ago, creating new procedural hurdles for the 2022 election.

Not true. The court did not “order” changes to the revised redistricting plan. It allowed plaintiffs to submit their proposed changes.

* Politico

A three-judge federal panel ruled Tuesday that the Mexican American Legal Defense and Education Fund and Illinois Republicans should be able to offer up their own map — and that Democrats need to do more tweaking.

Nope. The court invited the plaintiffs to offer up their own map along with explanations for how they correct any alleged deficiencies in the revised remap passed in August. And the Democrats can respond, but they haven’t yet been ordered to make any changes to their remap plan.

* Politico

The case now poses an issue for the 2022 election. Remap proposals must be submitted by Nov. 5, and the court said the current map that state lawmakers approved can’t be used for the upcoming election until the case is resolved.

That means candidates can’t circulate their petitions — a process that starts in January — until they know what district they’re running in.

No. Plaintiffs have until November 8 to file their proposed revisions and explanations. The revised map hasn’t yet been stricken. And January is a long ways off.

  42 Comments      


*** LIVE COVERAGE ***

Wednesday, Oct 20, 2021 - Posted by Rich Miller

* Follow along with ScribbleLive


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