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* You may recall the Fourth Judicial Circuit as the one which produced Judge Michael McHaney, who issued a weird ruling early last year that was eventually tossed. Here we go again…
Three children in Effingham County can’t be forced to wear masks without an official quarantine order from the county health department, a judge ruled Wednesday.
The attorney who brought the case [Tom DeVore] anticipates more such cases across the state. […]
On Wednesday, DeVore took a different case a step further and successfully argued in Illinois’ Fourth Judicial Circuit that masks are a medical device that can’t be required without quarantine orders. […]
“Plaintiffs have shown they will suffer irreparable harm if an injunction does not issue, namely the children being refused access to their education unless they unwillingly utilize a device to allegedly prevent the spread of an infectious disease even in the absence of a quarantine order against them,” the judge’s temporary order says. “Nothing in this order shall prohibit the local health department, or the Illinois Department of Health, from issuing a lawful order of quarantine against any or all of the children as allowed by law.”
The Teutopolis school district, where the three students attend classes, did challenge the issue, DeVore said.
Masks as a medical device. Novel. The order is here. What DeVore appears to want to do here is tie up the courts with quarantine cases to the point where nobody can keep up.
But if disease-infected kids attend a school and refuse to wear a mask, the result could very well be that part or all of that school will be shut down for remote learning.
posted by Rich Miller
Wednesday, Sep 15, 21 @ 1:39 pm
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If an infectious child is knowingly sent to school and infects others (children and/or school personnel), can the parents be held liable for the costs incurred? That would be personal responsibility. Maybe schools should have the parents who insist on no masks sign a form agreeing to accept liability associated with that action.
Comment by Pot calling kettle Wednesday, Sep 15, 21 @ 1:46 pm
Any way we can get the name of the parents who paid DeVore to do this?
And given that Cumberland Unit School District had to shut down for a few days, over Labor Day weekend, because they had 75 COVID-19 cases in less than 3 weeks after school started, just…wow…
(Cumberland had 63 cases for the whole 2020-21 school year.)
Comment by Lynn S. Wednesday, Sep 15, 21 @ 1:47 pm
So Tattoo Tommy DeVore is now an expert on medical devices. Anything for attention.
Comment by Rudy’s teeth Wednesday, Sep 15, 21 @ 1:48 pm
Tom DeVore gets paid, his buds in the Fourth Circuit get to stick it to the libs, and the parents get to express the essential freedom they hear so much about on the TV, radio, and internet every day.
I mean sure maybe their kids get hospitalized or die, but hey, no one’s saying they aren’t going to get their hair mussed.
Comment by Roadrager Wednesday, Sep 15, 21 @ 1:49 pm
We are going through an issue with quarantine right now and a parent challenging the health department.
Our attorney told us that the issue is moot because the child still must be barred from the district grounds based on the EO from the governor. That, not the quarantine, is what applies to us.
Still, the state needs to get busy and support the health departments and schools in court or with legislation. If they do not step up, you will see more of this and schools will either go remote or infections will spread.
I support the EO’s and do the right thing, but the governor needs to step up in court.
Comment by JS Mill Wednesday, Sep 15, 21 @ 1:54 pm
If the school gets even 1 case then shut it down and go remote until January. By then vaccinations will be available to school children and parents who care will get them for their children. Parents who don’t won’t and that should give the child some important information.
Comment by cermak_rd Wednesday, Sep 15, 21 @ 1:54 pm
Well if they don’t get to finish their football season at least they will know why.
Comment by OneMan Wednesday, Sep 15, 21 @ 1:56 pm
Can’t the parents or guardians of the children following the mask order sue these parents for physical & psychological harm? Apprehension, assault, intentional tort?
Comment by Northsider(the original) Wednesday, Sep 15, 21 @ 2:02 pm
The Defendants in this case, 2021-MR-140, are, STURGEON, MATTHEW and TEUTOPOLIS UNIT #50 SCHOOLS. The order is binding on them. It is not binding on non parties, such as the Illinois State Board of Education.
Comment by Bigtwich Wednesday, Sep 15, 21 @ 2:10 pm
“Plaintiffs have shown they will suffer irreparable harm”
Mr. Devore’s and the plaintiffs’ actions may harm others. Dying from Covid-19 is the ultimate irreparable harm.
Comment by Steve Polite Wednesday, Sep 15, 21 @ 2:13 pm
@Bigtwich- you hit the nail on the head. That Facebook message going around about how this was somehow going to affect the State Board of Education or the IHSA is nonsense. The supreme irony is that these parents may well end up wrecking their school’s athletic seasons.
Comment by The Ford Lawyer Wednesday, Sep 15, 21 @ 2:18 pm
This obit of a Springfield resident recently made national news outlets. So true, so needless, so sad.
“Springfield, IL-Candace Cay (Kruger) Ayers, 66, of Springfield, passed away on September 3, 2021 at St. John’s Hospital in Springfield, IL. She was preceded in death by more than 4,531,799 others infected with covid-19. She was vaccinated but was infected by others who chose not to be. The cost was her life.”
https://www.dignitymemorial.com/obituaries/springfield-il/candace-ayers-10337034
Comment by Pot calling kettle Wednesday, Sep 15, 21 @ 2:30 pm
Ludicrous. What irreparable harm will come from masks? The harm from not wearing them has been clearly established. Raul needs to get his appeal in very quickly.
Comment by Norseman Wednesday, Sep 15, 21 @ 2:31 pm
So could the state of Illinois issue a quarantine order for all residents of IL? One that states all must wear masks to avoid the spread? Sure, Tommy Tattoos could challenge each one in court. But that’s more work than he clearly wants to do. It would leave little time for him to yell about JB taking his freh-duhm on TV and radio and post bizarre, barely literate rants on Facebook.
Comment by Former Downstater Wednesday, Sep 15, 21 @ 2:31 pm
From Teutopolis Twitter page - current COVID numbers
https://pbs.twimg.com/media/E_WOgtQWYAkucbd?format=jpg&name=medium
Comment by HangingOn Wednesday, Sep 15, 21 @ 2:32 pm
==masks are a medical device that can’t be required without quarantine orders.==
That must come as a surprise to carpenters, exterminators, masons, and car painters.
Comment by Jocko Wednesday, Sep 15, 21 @ 2:34 pm
“masks are a medical device”
Does this mean I need to have a doctor’s prescription to buy masks at the local hardware store? And my health insurance will reimburse me for the purchase?
Comment by Huh? Wednesday, Sep 15, 21 @ 2:34 pm
And he wants to be a reviewing court Judge?
Comment by nunya Wednesday, Sep 15, 21 @ 2:59 pm
Got to give him props for being able to pivot to a new direction. The Appellate court smacked him down on the governor’s executive order. So now he is pivoting to a different direction. In truth though he is right in that the GA needs to modify existing statutes for this type of a situation.
Comment by Unionman Wednesday, Sep 15, 21 @ 3:05 pm
I’m here for the Papal shade of Cardinal Burke- “poor guy”
https://apnews.com/article/health-religion-coronavirus-pandemic-pope-francis-raymond-burke-b2f2b16321f0275e7b57fbadbd5cfaec
Comment by Scott Cross for President Wednesday, Sep 15, 21 @ 3:12 pm
= Any way we can get the name of the parents who paid DeVore to do this? =
Sure. Click on the link in the post, scroll down to the copy of the order, and read the names of the plaintiffs.
Comment by JoanP Wednesday, Sep 15, 21 @ 3:34 pm
Thank you, JoanP. Sheesh, people. Some of you act like House Democrats. No snark. lol
Comment by Rich Miller Wednesday, Sep 15, 21 @ 3:35 pm
I like the pope’s term for those refusing the vaccine - “negationists.”
Comment by Teacher Lady Wednesday, Sep 15, 21 @ 3:35 pm
Unionman, I don’t believe the appellate court ever heard one of his Covid cases. If you are aware of a particular one, please share. Respectfully, I think you’re incorrect. Now, the appellate court did rule on somebody else’s case in the Foxfire decision…
Comment by Kyle’s mom Wednesday, Sep 15, 21 @ 4:14 pm
Well….there is the Illinois Parental Responsibility Law. See 740 ILCS 115/1. Hmmm.
Comment by Wiseguy Wednesday, Sep 15, 21 @ 4:49 pm
– What DeVore appears to want to do here is tie up the courts with quarantine cases to the point where nobody can keep up. –
That’s exactly what he intends to do, and frankly if that happens it’s also the fault of the court from not properly sanctioning him yet for his previous behavior.
Orly Taitz didn’t even get away with as much nonsense before being sanctioned by the courts.
Comment by TheInvisibleMan Wednesday, Sep 15, 21 @ 4:59 pm
The judge in the Carlyle case (Clinton County, same circuit), ruled today that ISBE has no legal authority to make any student wear a mask. TRO granted on behalf of two students. I’m still studying the order…
Comment by Southern Wednesday, Sep 15, 21 @ 5:44 pm
the man I live with is at the point of yelling let them all die. it is absolutely ridiculous that people find wearing a simple mask a hassle. come the blank on.
Comment by Amalia Wednesday, Sep 15, 21 @ 5:57 pm
Just sad to see. Our local school district had an elementary teacher pass away from covid today in her 50s. She managed to teach for just over a week before it happened, has to be a dramatic experience for the young students in the class.
Comment by Seats Wednesday, Sep 15, 21 @ 6:47 pm
Don’t make Teutopolis CUSD out to be a victim here. Their district was recently on probation for their mask optional policy and the district rolled over in court for this. Pretty much the same story in Carlyle. Let’s face it,, if they aren’t masking they aren’t testing either. ISBE should place them on probation again. IHSA should also allow any school who plays them to cancel their games. Like to see one of these partisan hack judges force a school to compete against them. Athletics is really the only thing these types understand about schools anyway, so hit them where it hurts.
Comment by Jason Bourne Wednesday, Sep 15, 21 @ 8:20 pm
DeVore prepared a creative argument that persuaded the judge.
Comment by James Wednesday, Sep 15, 21 @ 9:29 pm
Teutopolis’ Superintendent also issued a letter yesterday along with several other Superintendents condemning the executive action by Pritzker and demanding local control. Their board only adopted the mask mandate under protest less than a week ago and stated they would explore their legal options. Apparently, throwing a court suit against your own district was the option they selected. I hope ISBE takes action against them and sends a clear message to them and their Superintendent by unaccrediting their school.
Comment by Jason Bourne Wednesday, Sep 15, 21 @ 10:22 pm
Devore is running for Appellate Court Judge in the Fifth District. God help us all Tiny Tim.
Comment by The Old Man Thursday, Sep 16, 21 @ 8:26 am
I’d love to see a clear message from insurance companies that you’re on your own if you incur civil liability or medical expenses because of your disregard of public health measures. Then we’ll see how dedicated to the concept of personal responsibility the personal responsibility crowd actually is.
Comment by Zim Thursday, Sep 16, 21 @ 8:31 am
=I’d love to see a clear message from insurance companies that you’re on your own =
That has already happened.
Comment by JS Mill Thursday, Sep 16, 21 @ 9:00 am
== the result could very well be that part or all of that school will be shut down for remote learning. ==
And then, mehbee, the atty that brought the successful no-mask suit should be sued or prosecuted.
Comment by sal-says Thursday, Sep 16, 21 @ 9:05 am