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* Background is here if you need it. 30-day TRO from Judge M. Don Sheafor, Jr. requested by two parents. You can guess who the attorney of record is…
Plaintiffs have shown there exists a clearly ascertainable right in need of protection, namely that the Children, while on school property, are being forced to utilize a device to allegedly prevent the spread of an infectious disease without a lawful order of quarantine having issued against them by the local health department. Plaintiff has shown, have shown there is a fair question that Plaintiffs will succeed on the merits in that the Children cannot be required to utilize a device to allegedly prevent the spread of an infectious disease absent, inter alia, an order of quarantine issuing against any or all of the Children from the local health department.
Plaintiffs have shown they will suffer irreparable harm if an injunction does not issue, namely the Children are 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; and
It is clear from the pleadings that given in this order precludes the local health department from issuing a lawful order of quarantine against any or all of the Children, which could compel them to utilize a device to prevent the spread of an infectious disease. […]
WHEREFORE, IT IS HEREBY ORDERED:
While the Children are on school property, the Defendants, are enjoined from requiring any or all of the Children who attend within the school district to utilize any type of device, including a mask, for the purposes of allegedly preventing the spread of an infectious disease unless an order of quarantine has issues against any or all of the Children from the local health department as required by the Illinois State Board of Education.
* This statement from Annie Thompson at the Illinois Attorney General’s office was issued yesterday regarding the previous case. It’ll suffice for this one, too…
We are reviewing the court’s decision. It is disappointing that some people do not support the right of all students, including those who have disabilities or other comorbidities, to safely access education in the classroom. Because we are dealing with a highly transmissible virus, the decision of some students to not wear masks affects not only them, but also the rights and health of every other student, teacher and staff member with whom they interact in a school setting. We remain committed to defending in court the governor’s actions to protect Illinois residents and our students from the spread of COVID-19, and the highly transmissible Delta variant in particular.
posted by Rich Miller
Thursday, Sep 16, 21 @ 10:49 am
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Again, Mike Judge is prescient.
Comment by Flyin' Elvis'-Utah Chapter Thursday, Sep 16, 21 @ 10:56 am
Wearing a mask is not a quarantine, by any definition.
Comment by walker Thursday, Sep 16, 21 @ 10:59 am
==to allegedly prevent the spread of an infectious disease ==
Nice to see this judge is also a scientist. I’m so sick and tired of these pro-virus people. These are the very people who have caused this pandemic to rage for as long as it has. They are despicable individuals. I have zero respect for any of them and have zero sympathy (with the exception of their children who are being medically neglected and should be punished for it) for any of them who get COVID.
If I were the Board and Superintendent of that district I’d shut the whole district down, move to remote learning, and cancel all extracurricular activities.
Comment by Demoralized Thursday, Sep 16, 21 @ 11:01 am
How are the new Fourth District boundaries drawn? Population centers in Crazytown and Asylumville?
Comment by Socially DIstant watcher Thursday, Sep 16, 21 @ 11:05 am
Clarification - the parents should be punished for medically neglecting their children.
Comment by Demoralized Thursday, Sep 16, 21 @ 11:06 am
Gotta figure this judge would’ve let Typhoid Mary out of quarantine so she could continue cooking.
Comment by Rich Miller Thursday, Sep 16, 21 @ 11:11 am
ISBE should make good on its previous promise about putting non-mask schools’ accreditation on probation, which would threaten funding and result in sports being cancelled. Then see who blinks first.
Comment by Southern Thursday, Sep 16, 21 @ 11:14 am
“It is clear from the pleadings that given in this order precludes the local health department from issuing a lawful order of quarantine against any or all of the Children, which could compel them to utilize a device to prevent the spread of an infectious disease.”
I think the judge should go back to grammar school
Comment by very old soil Thursday, Sep 16, 21 @ 11:18 am
=== shown they will suffer irreparable harm ===
How so? What medical evidence have they presented?
This would be laughable if it didn’t affect the lives and health of so many.
Comment by Norseman Thursday, Sep 16, 21 @ 11:18 am
It’s a bit creepy you sue to increase the odds of your children being infected with a virus, global in scope, pandemic in its reach.
It’s like the creepy that folks are adamantly pro life to an Nth degree but also are willing to infect and possibly do much worse than make someone else sick with their behavior.
Comment by Oswego Willy Thursday, Sep 16, 21 @ 11:19 am
God forbid we have a mass outbreak of a high fatality rate virus like Ebola. We’d all be dead thanks to the pro-virus people among us and judges like this who listen to their absurd arguments.
Comment by Demoralized Thursday, Sep 16, 21 @ 11:19 am
To borrow from Stephen Corbert… Quarantinewhile…”Saturday afternoon’s game against Central A & M has been canceled because Clinton does not have enough players due to following Covid-19 protocols.
The Journal has reached out to Clinton Athletic Director Matt Koeppel but he has not been available for comment.” Source Clinton Journal Facebook page this morning- https://www.facebook.com/Clinton-Journal-117628538337447/
Comment by Anon221 Thursday, Sep 16, 21 @ 11:19 am
===It’s a bit creepy===
Turns every zombie movie on its head.
Comment by Rich Miller Thursday, Sep 16, 21 @ 11:21 am
=== Turns every zombie move on its head.===
“You lack the common sense you zombie mom and dad infected ya with”
It’s a zombie feeding frenzy with a judicial legal opinion
Comment by Oswego Willy Thursday, Sep 16, 21 @ 11:25 am
Finding information about masks “allegedly preventing the spread of an infectious disease” must be hard to find in Carlyle.
https://www.pnas.org/content/118/4/e2014564118
https://www.webmd.com/lung/news/20210907/masks-limit-covid-spread-study
https://www.mayoclinic.org/diseases-conditions/coronavirus/in-depth/coronavirus-mask/art-20485449
https://med.stanford.edu/news/all-news/2021/09/surgical-masks-covid-19.html
Comment by zatoichi Thursday, Sep 16, 21 @ 11:27 am
=It is disappointing that some people do not support the right of all students, including those who have disabilities or other comorbidities, to safely access education in the classroom.=
In this context, does the Americans with Disabilities Act of 1990 apply? Those with comorbidities and disabilities should not be forced out of mainstream education because people without such factors refuse to maintain a safe and healthy environment. Just curious.
Comment by H-W Thursday, Sep 16, 21 @ 11:33 am
==utilize a device to allegedly prevent the spread of an infectious disease==
To paraphrase Al Pacino “ISBE is out of order.
JB Pritzker is out of order. The CDC is out of order. The whole trial is out of order”
Comment by Jocko Thursday, Sep 16, 21 @ 11:34 am
Norseman has it right. If wearing a little old mask is “irreparable harm,” then I pity those kids when they face a real challenge. Talk about snowflakes.
Comment by Sir Reel Thursday, Sep 16, 21 @ 11:39 am
Here’s a possible solution. All students not wearing masks will be assembled in a separate classroom and be taught critical race theory.
Comment by Henry Francis Thursday, Sep 16, 21 @ 11:52 am
– a device to allegedly prevent the spread of an infectious disease without a lawful order of quarantine having issued against them by the local health department.–
Soap, falls into this definition as well.
So does toothpaste.
Comment by TheInvisibleMan Thursday, Sep 16, 21 @ 11:54 am
Henry Francis, you may be on to something there. lol
Comment by Rich Miller Thursday, Sep 16, 21 @ 12:01 pm
In both the Clinton County case and the Effingham County case Defendants were represented by
Miller Tracy Braun Funk & Miller, Ltd,
Monticello, Illinois.
Comment by Bigtwich Thursday, Sep 16, 21 @ 12:02 pm
=== If wearing a little old mask is “irreparable harm,” ===
I’m confused. If a mask will cause irreparably harm, how are the kiddies going to go trick or treating on Halloween?
Comment by Huh? Thursday, Sep 16, 21 @ 12:35 pm
===I’m confused. If a mask will cause irreparably harm, how are the kiddies going to go trick or treating on Halloween?===
It’s a pagan ritual, allowed by cults?
Comment by Oswego Willy Thursday, Sep 16, 21 @ 12:36 pm
“Plaintiffs have shown they will suffer irreparable harm if an injunction does not issue, [b]namely the Children are being refused access to their education[/b] unless they unwillingly utilize a device…”
The “irreparable harm” is not the mask, it’s the denial of education. (Stemming from refusing to wear a mask).
Mask denial and saying things like “masks are an “alleged” protective “medical device” ” is Critical Face Theory.
Comment by Shark Sandwich Thursday, Sep 16, 21 @ 12:43 pm
The real story here is that neither Carlyle or Teutopolis took any meaningful action to defend the lawsuits. Teutopolis’ board of education actually publicly said they weren’t going to defend the lawsuit against their district. These particular school districts superintendents and boards are as noxious and culpable as the parents and Thomas Devore who brought the suits. Time for ISBE to step in and unaccredit the districts and dissolve their boards.
Comment by Jason Bourne Thursday, Sep 16, 21 @ 12:49 pm
I am stealing Critical Face Theory.
Comment by Cheryl44 Thursday, Sep 16, 21 @ 12:53 pm
“allowed by cults”
But will the cults of anti-vaxers and anti-maskers allow their kiddies to wear a mask for trick or treating?
A bit of hypocrisy do you say.
Comment by Huh? Thursday, Sep 16, 21 @ 12:55 pm
===I am stealing===
Same.
Comment by Rich Miller Thursday, Sep 16, 21 @ 1:11 pm
(Snark on)
Look (sigh),
===A bit of hypocrisy do you say.===
How dare you stifle their religious freedoms and costumes in cult rituals. It’s not hypocritical, its ‘Merica
(Snark off)
Comment by Oswego Willy Thursday, Sep 16, 21 @ 1:13 pm
=== I am stealing Critical Face Theory===
Restaurant quality, all facets.
Comment by Oswego Willy Thursday, Sep 16, 21 @ 1:14 pm
Henry Francis +1
Each day the Principal may meet the Plaintiff children at the front door of the school, mark them as present, walk them to a conference room and present them with their assignments for the day. Lunch in the conference room, recess in the conference room. Their right to education in the conference room.
Comment by Scott Cross for President Thursday, Sep 16, 21 @ 1:15 pm
You want to discuss irreparable harm, what is death or severe illness? That’s what the court is allowing with its egregious ruling.
Comment by Norseman Thursday, Sep 16, 21 @ 1:18 pm
Jason Bourne, You might be on to something with these two districts. I know night before last Edgar County Watchdogs ran a story about students at Teutopolis being quarantined at the school. A lot of talk among parents. The story changed as the night went on, but the main point was the Superintendent and Board wasn’t going to fight DeVore in court. Seems the parents of the students and the Board members are all friends and all have great respect for DeVore.
Comment by Club J Thursday, Sep 16, 21 @ 1:24 pm
=== Henry Francis, you may be on to something there. lol ===
Put them in a trailer, outside, with a laptop and a remote teacher.
I imagine ISBE is happy to help pay for the trailers, if they have any sense, but perhaps just pass the cost on to the families as an equipment fee.
BTW, you don’t even have to teach them critical race theory, be subtle and just hire a black substitute teacher.
I ripped that one straight from a MASH episode.
Comment by Thomas Paine Thursday, Sep 16, 21 @ 1:43 pm
“Here’s a possible solution. All students not wearing masks will be assembled in a separate classroom and be taught critical race theory.”
And if the no-mask classroom happens to be taught by Ms. Assignslotsof Homework and the mask classroom by Mr. Fun Teacher, I guess that’s the breaks…. At least your kid has his or her “freedom”.
Comment by Crafty Girl Thursday, Sep 16, 21 @ 1:44 pm
== be subtle and just hire a black substitute teacher==
How about a teacher who is openly homosexual and HIV positive. Wouldn’t that effectively counteract the parent’s arguments? (I kid, these folks aren’t going to stop arguing this nonsense, they are dead-enders)
Comment by Henry Francis Thursday, Sep 16, 21 @ 2:09 pm
“How dare you stifle their religious freedoms and costumes in cult rituals.”
Wait just a minute. Are you saying those god fearin’, self proclaimin’ christian, family value, bible thumpin’ types of the eastern block are involved in pagan cults? Oh dear lord, what has this world become.
Comment by Huh? Thursday, Sep 16, 21 @ 2:12 pm
Southern Illinois, we wanna be like Idaho.
Comment by Amalia Thursday, Sep 16, 21 @ 4:10 pm
Henry Francis. I got a feeling that the parents in these districts have no problem wearing a mask themselves when performing their venerated observances and rituals.
Comment by Jason Bourne Thursday, Sep 16, 21 @ 4:28 pm
One would think that whatever powers are given to county health departments to issue quarantine orders are clearly be superceded by the powers given the Governor under the Emergency Management Act to deal with a public health emergency.
Comment by Friendly Bob Adams Thursday, Sep 16, 21 @ 6:53 pm
School districts trying to comply are really getting thrown under the bus here. ISBE is threatening nonrecognition if they don’t comply (as is its right), but still hasn’t issued emergency rules, and the State seems to be dragging its feet on intervening in any of these cases. County health departments are recommending 10/14-day quarantines for close contacts (and districts have to handle close contacts as they recommend), but they/state’s attorneys won’t seek court orders to enforce them. Madness.
Comment by Just Thoughts Thursday, Sep 16, 21 @ 9:00 pm