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* Cook County Record…
A federal judge has tossed a lawsuit from an Oak Lawn school board member and Republican congressional candidate who sought to overturn Gov. JB Pritzker’s mandate on masks inside school buildings.
Rob Cruz, who sits on the board of Oak Lawn Community High School District 229, is a Republican primary candidate for Illinois Sixth Congressional District, a seat held by Rep. Sean Casten, D-Downers Grove. On Aug. 19, Cruz and another parent, Scot Jones, sued Gov. JB Pritzker and Illinois State Board of Education Director Carmen Ayala, as well as his own school board, challenging an Aug. 4 executive order requiring masks for anyone older than 2 years, inside an Illinois school, regardless of COVID-19 vaccination status.
The state moved to dismiss the complaint, which argued the mask mandate violates the 14th Amendment’s due process clause as well as parents’ “fundamental liberty interest in the care, custody, education and control of their children.”
In an opinion issued Dec. 14, U.S. District Judge Sharon Coleman agreed to dismiss the complaint.
* From the opinion…
In essence, plaintiffs argue that their liberty interest in raising their children and making medically-related decisions for them extends to the context of mask mandates during the COVID- 19 global pandemic. “To allege a viable substantive due process claim, [plaintiffs] would need to allege conduct under color of state law that ‘violated a fundamental right or liberty” and was so ‘arbitrary and irrational’ as to ‘shock the conscience.’” Nelson v. City of Chicago
Here, plaintiffs have failed to plausibly allege that the mask mandate in schools, which was enacted to prevent the spread of the deadly coronavirus among students, teachers, faculty, and visitors, is so egregious and outrageous as to shock the conscience. Indeed, the Court would be hard-pressed to conclude that the Governor’s executive order, which is intended to save lives during an ongoing public health crisis that has taken at least 800,000 American lives, amounts to egregious or outrageous conduct. The Court is not alone in this conclusion. […]
In Count II, plaintiffs seek injunctive relief arguing that Governor Pritzker exceeded the emergency powers granted to him under the Illinois Constitution and IEMAA when he enacted EO21-18. Because the “Eleventh Amendment immunizes state officers from federal injunctions based on state law,” plaintiffs cannot seek to enjoin Governor Pritzker for allegedly misusing his emergency powers.
Cruz was represented by an attorney at appellate court candidate Tom DeVore’s firm, Silver Lake Legal Group.
…Adding… He’s not taking this well…
…Adding… Um…
Despite the chilly weather and winds reminiscent of those that damaged the Midwest the previous night, approximately 60 individuals gathered Saturday afternoon at the courthouse bandstand in Waterloo for We the People of Southern Illinois’ “Mental Health and Constitution” rally.
Six speakers addressed the crowd, including U.S. Senate candidate Peggy Hubbard of Belleville and attorney Thomas DeVore, who has challenged the legality of schools’ masking mandates in several courts across the state.
Judging from his lawsuit failure rate and his vitriolic outbursts, I’m not sure he knows much about either mental health or the Constitution.
posted by Rich Miller
Friday, Dec 17, 21 @ 9:34 am
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Good on the judge. Should be Scammer Take Legal Group.
Comment by PublicServant Friday, Dec 17, 21 @ 9:40 am
According to his campaign website;
Cruz is a Joliet native who was quarterback of two state championship football teams at Providence Catholic High School in New Lenox
–
Getting some big Al Bundy vibes here.
Comment by TheInvisibleMan Friday, Dec 17, 21 @ 9:48 am
Unlike Peloton that had to pay millions to damage their own brand, Tom DeVore’s firm, Silver Lake Legal Group has been able to advertise their failures for free. It should count as a success.
Comment by AC Friday, Dec 17, 21 @ 9:55 am
Illinoisans savor the responsible leadership you have on Covid mitigation. The elected GOP leadership in Missouri is literally threatening and blackmailing schools to end mask mandates.
Comment by Norseman Friday, Dec 17, 21 @ 10:02 am
The real freedom is to waste one’s $$$ on DeVore’s grift.
Comment by Floyddog Friday, Dec 17, 21 @ 10:03 am
== Another day, another failed lawsuit ==
Is there a scoreboard somewhere that shows his W-L ratio? All of the rural folks around me trumpet his occasional wins while completely ignoring all of the times those wins are overturned on appeal or he flat-out loses.
Comment by Leap Day William Friday, Dec 17, 21 @ 10:05 am
Judge didn’t leave much to the imagination in the decision. Kinda like having the grinch represent you but does not give back the presents $$$ at the end.
Comment by BTO2 Friday, Dec 17, 21 @ 10:19 am
Losing, gracefully, as the checks already cleared.
The continued grift is mind-blowingly silly
Comment by Oswego Willy Friday, Dec 17, 21 @ 10:21 am
=Here, plaintiffs have failed to plausibly allege that the mask mandate in schools, which was enacted to prevent the spread of the deadly coronavirus among students, teachers, faculty, and visitors, is so egregious and outrageous as to shock the conscience=
What shocks the conscience is the filing of these suits. I really wish there was a way to deal with this in such a manner as to end the practice. The last thing that we need on top of the pandemic is the Devore’s of the state filing politically driven lawsuits that continually fail on their basic merits.
Comment by Pundent Friday, Dec 17, 21 @ 10:22 am
TDV is gonna be my new code for wrong and wrong.
Comment by Amalia Friday, Dec 17, 21 @ 10:35 am
“What shocks the conscience is the filing of these suits.”
But my constitutional rights are being violated…
Comment by Huh? Friday, Dec 17, 21 @ 10:47 am
==pitting the citizens of this state against each another with this mass psychosis==
Let me guess. The 27,000 confirmed dead are ‘crisis actors’.
Comment by Jocko Friday, Dec 17, 21 @ 11:11 am
“But my constitutional rights are being violated…”
Only to go fishing. A judge told me so. /s
Comment by Proud Sucker Friday, Dec 17, 21 @ 11:20 am
This opinion is pretty much a beat-down of the plaintiff’s lawyers. First, the judge criticizes their failure to address the necessary arguments concerning due process. Next, the judge criticizes them for being unable to articulate the injury-in-fact necessary for standing. Finally (even though it wasn’t necessary), the judge points out that, even if they could get standing, what they ask for isn’t allowed under the constitution.
It almost seems like this was more of a political stunt than a real lawsuit.
Comment by duck duck goose Friday, Dec 17, 21 @ 11:33 am
=== It almost seems like this was more of a political stunt than a real lawsuit.===
Feature - Bug… “cash the check”
Comment by Oswego Willy Friday, Dec 17, 21 @ 11:34 am
===pitting the citizens of this state against each another with this mass psychosis===
I am actually surprised he didn’t claim victory. Typically the response is something like there is a conspiracy against us and we will prevail in appeal yada yada.
Also, this decision seems like this is a foreshadowing of the outcome of Devore’s “big” lawsuit.
Thanks judge Coleman.
Comment by JS Mill Friday, Dec 17, 21 @ 11:44 am
I fixed DeVore’s post: “Sadly, Trump has succeeded in his years long effort of pitting the citizens of this country against each other with the mass psychosis he’s perpetuated over time. It’s a sad state of affairs my friends!!”
Comment by someonehastosayit Friday, Dec 17, 21 @ 11:52 am
Asking out loud because google didn’t help, Is there a version of the anti-SLAPP laws the state can turn to at this point?
How many dollars do taxpayers have to waste to defend these frivolous claims?
Comment by DeeLay Friday, Dec 17, 21 @ 11:54 am
I’m guessing from DeVice’s comments his firm doesn’t plan on filing a motion to reconsider in the trial court.
Comment by West Side the Best Side Friday, Dec 17, 21 @ 11:58 am
“DeVore” #%@$ automiscorrect.
Comment by West Side the Best Side Friday, Dec 17, 21 @ 12:00 pm
Big “physician, heal thyself” vibes coming off of DeVore’s little Facebook musing, there.
Comment by Roadrager Friday, Dec 17, 21 @ 12:02 pm
The only “mass psychosis” I see are the anti-max/anti-vax/anti-facts crowd. The rest of us, not so much by far. Great ruling by the judge nailing this particular coffin shut. Better this one than one of another Covid victim.
Comment by thisjustinagain Friday, Dec 17, 21 @ 12:15 pm
We’re residents of Illinois. You can only be a citizen of a country.
Comment by Cheryl44 Friday, Dec 17, 21 @ 12:30 pm
Rich, you are entirely too kind to Attorney Devore. He’s a weaseling grifter.
Comment by Manchester Friday, Dec 17, 21 @ 12:50 pm
=All of the rural folks around me trumpet his occasional wins=
All of his “wins” came with the word “Temporary”at he beginning, meaning not really wins. But I note the same thing as you do. They tout wins but never acknowledge their temporary nature or the outright loses.
Psychosis indeed.
Comment by JS Mill Friday, Dec 17, 21 @ 12:51 pm
World’s tiniest violin…
Comment by Chicago Cynic Friday, Dec 17, 21 @ 2:00 pm
The guy who has filed lawsuit after lawsuit is accusing the Governor of pitting people against each other?
Comment by Demoralized Friday, Dec 17, 21 @ 3:15 pm