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* UPDATED x1 * DeVore’s Quincy school mask lawsuit tossed

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Judge Roger Thomson sided with the Quincy Public School Board of Education Thursday morning by granting their attorney’s motion to dismiss a lawsuit challenging QPS’s ability to require students to wear face masks and submit to temperature checks to attend in-person learning.

The judge said the board has the power to adopt rules to govern attendance when it is necessary to maintain school function or protect health and safety.

Attorney Thomas DeVore filed the lawsuit on behalf of parent Roni Quinn. DeVore cited several previous cases when the courts ruled against schools’ abilities to pass rules governing attendance in relation to smallpox vaccinations.

Judge Thomson said those cases were between 1897 and 1924. Thomson said in the last 96 to 120 years the General Assembly has acted to significantly change the school code to expand powers and duties granted to school boards.

Thomson granted the motion to dismiss without prejudice, which allows DeVore to file an amended suit within the next 21 days.

Maybe DeVore should try to move the suit to Clay County. /s

*** UPDATE *** WMAY…

Appearing live on WMAY, Thomas DeVore said he is filing suit against Mayor Jim Langfelder’s executive order mandating businesses to enforce face mask and social distancing rules or risk fines and possible loss of food service or liquor licenses. DeVore is representing Fox Run restaurant in the case.

He says Langfelder lacks the legal authority to issue such orders… and calls the lawsuit the easiest case he’s seen yet among the multiple suits he’s filed related to pandemic restrictions.

Maybe it’s easy in Clay County. Sangamon could turn out to be a different animal altogether.

posted by Rich Miller
Thursday, Aug 6, 20 @ 2:04 pm

Comments

Long drive back from Quincy to Louisville. It’s OK I’m sure he’s charging federal reimbursement rate for gas mileage and will be billed to an address in Quincy.

Comment by Almost the weekend Thursday, Aug 6, 20 @ 2:12 pm
Good for QPS.

Comment by Mr. K Thursday, Aug 6, 20 @ 2:20 pm
DeVore’s First Amended Complaint will cite several graphs used by President Trump to show the virus is ‘under control’ and that we are #1 in the world. /s

Comment by DEE Thursday, Aug 6, 20 @ 2:24 pm
The last few days haven’t been good for DeVore. He’s got bigger fish to fry now. He’s planning on filing a lawsuit against Mayor Langfelder on behalf of the owners of Fox Run over the mask rules. He says it’s the easiest case he’s seen yet.

Wonder if those lawsuit papers are already filled out and you just put in the names and file them? He just keeps boxes of them in his trunk.

Comment by Club J Thursday, Aug 6, 20 @ 2:26 pm
=== Maybe DeVore should try to move the suit to Clay County.===

The wayback machine DeVore has to 1897 thru 1924, DeVore could make more money for himself using it to gamble, if he’s so fixated on old cases.

At some point, DeVore needs to win outside a home game.

Comment by Oswego Willy Thursday, Aug 6, 20 @ 2:28 pm
He does know that Springfield does have Home Rule Authority.

Comment by Mike Madigan Thursday, Aug 6, 20 @ 2:44 pm
One frivolous lawsuit replaced by another…

Comment by Nobody Sent Thursday, Aug 6, 20 @ 3:33 pm
Rule 137, anyone?

Comment by DirtLawyer Thursday, Aug 6, 20 @ 3:54 pm
Had the same thought about Rule 137. One of the bigger problems I see with that sticking is the Clay County case. Devore could point to that as an example that these suits are not frivolous.

Comment by Back to the Mountains Thursday, Aug 6, 20 @ 4:53 pm