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Another day, another lawsuit

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* Mike Miletich

Public health officials from across the state spoke during a House healthcare committee hearing Monday morning. State experts stressed Illinois continues to see increasing transmission, hospitalization, and preventable deaths among unvaccinated people.

IDPH notes the Delta variant is still the most dominant strain of COVID-19 in the state. Contrary to statements by some Republican lawmakers, the variant has spread quickly among people of all ages. The state’s leading epidemiologist says cases of COVID for 5 to 11-year-olds went up 788% over the past month.

“Our 12 to 17-year-olds had an increase in their case counts of 704%,” said Dr. Sarah Patrick. “And the 18 to 22-year-olds had an 1345% increase.”

Patrick says IDPH linked the significant increase in cases to COVID outbreaks at summer camps, sporting events in other states, and community spread. She also explained that just under 1,500 of the new COVID-19 cases in July were children under 18.

* Hannah Meisel

Prolific anti-COVID mitigation attorney Tom DeVore on Monday filed suit over Gov. JB Pritzker’s mandate requiring all students, faculty and staff at Illinois schools wear masks in the face of the coronavirus’ more contagious Delta variant spreading across the state.

DeVore filed the suit on behalf of a father of a student in Breese School District 12 in Clinton County, about 40 miles east of St. Louis. The complaint, filed in local district court, alleges Pritzker overstepped his authority in signing an executive order last week mandating masks in all preschools, elementary and secondary schools in Illinois.

“While Pritzker will spill gallons on ink on the history of the COVID pandemic and how his administration has worked to keep people ‘safe,’ none of this obfuscation is relevant to the precise question of what is the extent of his delegated power by the legislature under the [Illinois Emergency Management Agency Act],” DeVote wrote in the 11-page complaint. […]

Unlike most of the suits filed by DeVore and others in the last 18 months, Monday’s lawsuit does not challenge Pritzker’s ability to issue continuous disaster declarations beyond the 30-day period provided for in the Illinois Emergency Management Agency Act, or IEMAA. While the courts have settled that question in Pritzker’s favor, DeVore’s suit over the school mask mandate alleges the IEMAA doesn’t allow a governor to usurp the authority of school districts.

Hannah has done her usual good job at explaining this, so go read the rest if you’re interested in the details. The lawsuit is here. The EO is here. The Revised Public Health Guidance for Schools is here. And the IEMAA is here.

The House, by the way, passed a bill in April with 70 votes that would’ve addressed this issue but it stalled out in the Senate.

* Marni Pyke

As a last resort, the Illinois State Board of Education can also remove a school’s “recognition status,” he said. That could mean a loss of state funding, said Jackie Matthews, executive director of communications for the board.

The state board has authority under state law to reduce the recognition status of any school district exhibiting “deficiencies that present a health hazard or a danger to students or staff.”

* This won’t hurt DeVore’s campaign

DeVore announced he was seeking a seat on the state’s appellate court in late July. Prior to his announcement, Pritzker said the lawyer offered a “bounty” for photos of him out celebrating Thanksgiving at the height of the pandemic, even bothering his children.

The lawyer referenced these images in the lawsuit, stating that the governor doesn’t follow the restrictions he put in place.

“While this federal guidance is not binding authority on any party involved, It bears mentioning to the Court that Pritzker constantly gaslights the public by stating he’s following the facts and science until times like this,” DeVore wrote. “When local governing bodies exercise their own informed discretion consistent with the facts and science of the federal government, but seemingly in a manner of which he disagrees.”

He never did pay up.

* Lack of context here

The peak hospitalization for those under 12 statewide was Nov. 1, 2020, with 105 hospitalized across the state. That dropped in the months after to 31 on Feb. 1, 2021, 58 on March 1, 2021, 58 on April 1, 2021, 55 on May 1, 2021, and 29 on June 1, 2021. For July 1, 2021, IDPH says there were 57 children under 12 hospitalized, or half of the peak in November.

There were fewer 12- to 17-year-olds hospitalized during that same time frame, from August 2020 to July 2021. That category peaked at 72 hospitalized statewide on Nov. 1, 2020. For July 1, 2021, there were 21 children 12- to 17-year-olds hospitalized with COVID, according to data provided by IDPH.

Um, our current overall hospitalization numbers are just 22 percent of what they were at their peak in November. Our current statewide positivity rate is about half what it is in Texas and Florida. But it does appear to be moving this way.

* Related…

* Manito superintendent clarifies position on masking in schools: In specific, Hellrigel’s [Facebook] letter bashes how the order takes away local control from districts. He also criticizes Governor Pritzker, saying he “repeadedly lied” to the public and encourages people to call the Governor and other state officials with their concerns. … “My intention was not to make a political statement but to provide our families with the contacts they needed to express their opinions to those that can make a change,” Hellrigel said.

* Lambasting Gov. Pritzker’s ‘tyrannical mandates,’ Morton school board member protests masks: “If you are from a surrounding school district, I want you to courageously go to your school board and tell them you will not tolerate the governor’s tyrannical mandates,” he said [on Facebook] . “If you will stand up for your children’s individual rights, we can win this battle for freedom and choice. But we must all courageously stand together.”

* Illinois school mask mandate brews contention as Orland Park mayor pushes back against masking kids: Mayor Keith Pekau said he will not require kids to wear masks at any village events.

* Pritzker ‘undercut’ schools with Illinois mask mandate, Farmington school board member says: “I don’t remember a person who spoke before the board who was pro-masking,” he said.

* Public emotions boiled over as Rockridge’s school board voted to mandate masks: At one point, Faith said defying the orders could mean board members and the superintendent could lose their positions, which was met with loud jeering from the crowd.

* Parents speak out against mandatory masks in schools: “I’m not against anybody who wants the vaccine and I’m not against anybody who wants their kid to wear a mask. But that’s because that’s their choice for their child and my choice and what’s best for my family is for my kids to not wear a mask and have in-person learning,” said Rebecca Flanary, from the Facebook Group Unmask Massac.

* Dozens gather in protest of new Illinois school mask mandate: “As a parent, I feel more loss of freedoms everyday,” Bishop said. “We’re trying to fight for those freedoms.”

* Local school districts push back against Gov. Pritzker’s mask mandate: The Warsaw school board voted to make masks optional back in June, but Superintendent Bob Gound thinks the district should follow the state’s orders.

* Glencoe District 35’s plan includes masking and testing in all in-person format

* National teachers unions call for vaccines at the local level

posted by Rich Miller
Tuesday, Aug 10, 21 @ 2:59 am

Comments

  1. Tom DeVore, “If you don’t succeed, try, try again.”

    Comment by Bruce( no not him) Tuesday, Aug 10, 21 @ 7:48 am

  2. Tom DeVore, “If you don’t succeed, try, try again.” More like “Keep doing the same thing over and over and when it repeatedly fails, claim it’s all a liberal conspiracy.”

    Comment by Skeptic Tuesday, Aug 10, 21 @ 8:04 am

  3. “He never did pay up.”
    Sums up all voters need to know about candidate DeVore.

    Comment by Back to the Future Tuesday, Aug 10, 21 @ 8:18 am

  4. This country has truly lost its mind. Why the best and brightest scientific minds from around the world would want to come here to do their work after the colors so much of the populace has shown during COVID is beyond me.

    Comment by Zim Tuesday, Aug 10, 21 @ 8:52 am

  5. The festival of dumb continues.

    I know a few of these superintendents, they are embarrassing, I am embarrassed to be associated with them.

    And the abuse of hyperbole continues.

    The masks are NOT creating psychological issues for kids. The are, at very worst, an inconvenience and maybe uncomfortable. The nutty parents are creating the psychological damage. When I hear a parent use the psychological issue I just want to explode, but I sit there calmly biting my tongue at their nonsense. It was the same claim they used for remote learning, which I was more willing to accept due to the isolation some kids experienced.

    Comment by JS Mill Tuesday, Aug 10, 21 @ 8:53 am

  6. Folks won’t wear masks and won’t get the shot. It just is so sad.

    Comment by Tired and retired Teacher Tuesday, Aug 10, 21 @ 8:54 am

  7. –Farmington school board member: “I don’t remember a person who spoke before the board who was pro-masking,”–

    Of course not. Who would want their house burned or tires slashed?

    Comment by Stix Hix Tuesday, Aug 10, 21 @ 9:01 am

  8. Matt Groening predicted this type of mass stupidity decades ago.

    Comment by Flyin' Elvis'-Utah Chapter Tuesday, Aug 10, 21 @ 9:25 am

  9. Bottom line of the parents: “I have the right to spread disease and death via my children, even if I kill them.” Nevermind the fact that Pediatric wards are filling up with Covid cases in Texas….

    Comment by thisjustinagain Tuesday, Aug 10, 21 @ 9:39 am

  10. Schools , Courts , & Public Health used to be respected , protected , Sacred ground. Now it’s all a Circus.

    Comment by Red Ketcher Tuesday, Aug 10, 21 @ 10:03 am

  11. I don’t understand why the IL bar association is sitting on the sidelines on this.

    DeVore has openly admitted he doesn’t file these lawsuits to win.

    He’s openly admitting to violating professional ethics.

    Comment by TheInvisibleMan Tuesday, Aug 10, 21 @ 10:22 am

  12. There are Republicans out there who know better but they cater to these fools anyway because that’s their political base.

    Comment by The Dude Abides Tuesday, Aug 10, 21 @ 10:25 am

  13. When your party base is made up of loud mouth know nothings that celebrate stupidity and ignorance, your party is in a death cycle.

    Comment by Give Me A Break Tuesday, Aug 10, 21 @ 10:34 am

  14. Granddaughter is on a 14 day quarantine because 2 kids (separate families, both under 6) were positive for Covid at her day school on Friday. Her testing was negative. She was supposed to start kindergarten later this week. Yeah, school year is going to go very well. Masks please.

    Comment by zatoichi Tuesday, Aug 10, 21 @ 10:34 am

  15. I thought this was an interesting quote from the Rockridge school district meeting.

    “ Father Chad Tucker agreed, saying, “Our kids are the healthiest, most resilient of all of us.” He added his own daughter got frequent headaches and migraines from wearing her mask, and asked what would be done for her.”

    Pretty much sums up their whole argument.

    Comment by Merle Webb’s Jump Shot Tuesday, Aug 10, 21 @ 10:36 am

  16. My grandsons attend a small local daycare in south-central Illinois. I just received notice it will be closed due to six children testing positive. Six others are awaiting test results and two teachers have also tested positive.
    There are fewer than 50 kids that attend this daycare. To say I’m furious would be an understatement. People like Devore are playing deadly games with my grandbabies. With everyone’s babies. With everyone.
    Arrrgggg!

    Comment by transplant Tuesday, Aug 10, 21 @ 10:41 am

  17. Wow. Manito’s superintendent Hellrigel can’t spell. How embarrassing for an official in a school district— the top dog — to make such a blunder. So much bashing.

    Comment by Rudy’s teeth Tuesday, Aug 10, 21 @ 10:49 am

  18. You know the old joke… check the obits first in the paper (or online) to make sure you aren’t in them. Well, just do some Googling of keywords “child obit covid”. It is heartbreaking. And when vultures like DeVore continue to use people, especially children, to their further theirown ends and careers, it’s potentially deadly. Do a Google. Read some of the remembrances of school aged kids who have died of COVID-19 complications… and I emphasize the word Complications. When something as simple as a mask can cut down transmission and parents are railing against that simple protection??? I’m at a loss, and I hope they don’t experience one in their own families… or foist their carelessness onto other families who may end up paying the ultimate price in the loss of a child.

    Comment by Anon221 Tuesday, Aug 10, 21 @ 11:07 am

  19. “But that’s because that’s their choice for their child and my choice and what’s best for my family is for my kids to not wear a mask and have in-person learning,”

    Imagine being this stupid and not knowing it. Jesus what an albatross to carry through life. Before social media, morons walked more or less alone, or in small groups. Now they roam in packs, tearing at the fabric of civilization a bit with every new stupidity.

    Comment by Larry Bowa Jr. Tuesday, Aug 10, 21 @ 11:10 am

  20. If I could find a local private school that actually enforced mask wearing for all - I might be willing to finally support the school voucher system. snark

    Otherwise, I’ve never been more grateful that my youngest child graduated before the pandemic hit.

    Comment by East Central Illinois small town hick Tuesday, Aug 10, 21 @ 11:12 am

  21. The daycare I sent my grandsons to is about 25 miles away from Breese, which is where Devore’s latest client attends school.

    Comment by transplant Tuesday, Aug 10, 21 @ 11:13 am

  22. Good article in today’s NYT on school mask mandates. Actual facts from actual doctors who gathered actual data: https://www.nytimes.com/2021/08/10/opinion/covid-schools-masks.html

    (Bottom line: “In schools that choose to open without mask mandates and with limited vaccine uptakes, increased Covid is likely. Until all children can get vaccinated, masks remain a well-researched solution for lowering the risk of getting Covid. “)

    Comment by JoanP Tuesday, Aug 10, 21 @ 11:18 am

  23. We’re currently fighting two epidemics, covid and stupidity. It’s a shame the vaccine only addresses the one.

    Comment by Jocko Tuesday, Aug 10, 21 @ 11:21 am

  24. Parents who know so little… a parent blamed me for keeping her son from the honor roll. I explained that it’s not me; it’s his test scores. She demanded that I allow him the use of a calculator. I pointed to my head and said that we all use this calculator.

    After that encounter, he was transferred to another class.

    Some parents who know so little about science and disease transmission are making demands that are contrary to best practices.

    Comment by Rudy’s teeth Tuesday, Aug 10, 21 @ 12:17 pm

  25. ==After that encounter, he was transferred to another class.==

    I probably would have requested a transfer too if I was the parent with the flippant attitude you seem to have towards your students.

    And test scores can also be a reflection of how well a teacher is teaching the subject. Just sayin . . .

    Comment by Demoralized Tuesday, Aug 10, 21 @ 12:35 pm

  26. This issue will soon be resolved when the insurance companies tell the school districts they won’t be covered for any damages caused by failing to follow the mandate. Districts may be faced with millions of dollars in damages because a student caught COVID from school and the insurance company won’t cover it so the taxpayers have to have their taxes raised to pay the damages

    Comment by South of 64 Tuesday, Aug 10, 21 @ 12:37 pm

  27. Thousands of parents support the Governor’s mask mandate.

    Comment by Seymourkid Tuesday, Aug 10, 21 @ 3:34 pm

  28. Any word on if the Gov is gonna send a new sheriff to the town of Rock Ridge?

    Comment by Mark F. Tuesday, Aug 10, 21 @ 5:39 pm

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