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* Clarendon Hills’ consolidated school board…
A Special Board Meeting has been tentatively scheduled for Thursday, Jan. 20, at 7 p.m. This meeting may or may not be held, pending the outcome of a court ruling we are anticipating will be made the afternoon of Jan. 20. […]
The court case in question was filed by attorney Tom DeVore against 145 school districts across the state, including District 181. The suit is seeking to prevent those school districts from requiring students to wear masks and from excluding students from school for COVID-related reasons unless school districts follow certain procedures under the Illinois Department of Public Health Act.
From the onset of the case, it was the opinion of our attorneys that the ruling would not be in favor of DeVore, and masks and COVID-related exclusions would continue to be required in schools under the Governor’s executive order.
Late last week, our attorneys advised us that due to the recent nature of the judge’s comments, she may rule in favor of DeVore and that her ruling would be effective immediately (Friday, Jan. 21).
The purpose of the special meeting is for the Board to consider the following resolution authorizing the administration to take necessary actions in the event that the outcome of the DeVore ligation results in an invalidation of the Governor’s disaster declarations and emergency orders which authorize masking, exclusion and other safety measures. The resolution would allow the administration to continue current COVID-19 risk mitigation measures notwithstanding the Court’s ruling.
Stay tuned.
* DeVore rattles his saber…
* Background…
Representing the governor in Sangamon County Court Wednesday, Attorney Thomas Verticchio said the issue is really about the testing requirements, not whether there’s a COVID-19 vaccine mandate or law.
“None of that is relevant,” Verticchio said. “There is no vaccine requirement.”
Plaintiff’s attorney Thomas DeVore said even forcing testing requires due process by law, allowing individuals to challenge such requirements in court. […]
The judge took the school staff’s request for a temporary restraining order against the mandate under advisement with a ruling expected soon. The judge will also consider a motion for class certification, allowing others to join the lawsuit .
If the judge rules that covid tests require some sort of due process, the legislature is going to have to step in fast.
* Other districts are voting to join the DeVore lawsuit if a class is certified. For instance…
The Clinton Board of Education Tuesday night approved joining a lawsuit against the Illinois State Board of Education to sue over its mandates on schools.
*** UPDATE *** Not today…
Sangamon County Judge Raylene Grischow took under advisement the case more than 700 parents have against 145 schools over masks and exclusion policies. She said not to expect a ruling before next Friday. pic.twitter.com/udgYuQrWrn
— Bishop On Air (@BishopOnAir) January 20, 2022
The mask goes over your nose, your honor. That’s where the virus accumulates.
posted by Rich Miller
Thursday, Jan 20, 22 @ 12:51 pm
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===If the judge rules that covid tests require some sort of due process, the legislature is going to have to step in fast.===
Or an emergency appeal and stay.
Comment by thechampaignlife Thursday, Jan 20, 22 @ 12:56 pm
Parsing over his social media, I see Devore has learned a new word.
Contemptuous.
Comment by TheInvisibleMan Thursday, Jan 20, 22 @ 12:57 pm
If a court rules that the governor can’t compel mask wearing, it ain’t contempt of court for a school board to require masks.
Any 1L could tell you that.
Comment by Socially DIstant watcher Thursday, Jan 20, 22 @ 1:00 pm
I’m glad at least some school districts are willing to protect children and staff from Covid. Wearing a mask is literally the least we can do in school settings.
Comment by Not a Superstar Thursday, Jan 20, 22 @ 1:01 pm
The fact that the courts are even entertaining these legal challenges in the midst of the greatest plague in a hundred years strikes me as more decadent confirmation that this country is already pretty far down the road of its decline. Responsible, civid-minded judges would have laughed this tripe right out of court 50 years ago.
Comment by Corrosion Thursday, Jan 20, 22 @ 1:06 pm
If we have a right to spread a deadly disease, the social contract is dead
Comment by SWIL_Voter Thursday, Jan 20, 22 @ 1:11 pm
Geez. Public health is not political, but they are making it that way. I wonder if DeVore and associates ever had the MMR, tuberculosis, smallpox, diphtheria, polio, tetanus, influenzas, or any other vaccine to keep them alive and healthy. Makes one wonder. Anytime I go out, the majority have no masks in public. Sad way to start 2022. I came across this and hope this link is allowed. It is interesting on all the diseases we have overcome and those we continue to battle. https://americanhistory.si.edu/topics/infectious-disease-history
Comment by It's Not Me . . . Thursday, Jan 20, 22 @ 1:12 pm
The problem here is that the General Assembly is so weak and dysfunctional they can’t deal with this immediate crisis with so many of their citizens getting sick and dying. They prefer to just stand back and let Pritzker do all the heavy lifting so they can’t take any blame for difficult decisions.
Comment by Just Me 2 Thursday, Jan 20, 22 @ 1:16 pm
I’m not going to pretend to be a prognosticator of a sitting judge, but I’m curious which specific comments the judge made has left other attorneys to publicly say what they think the judges decision would be.
Listening to the oral arguments the other week, there were more than a few things the judge said that could easily point to a decision going the other way.
The judge however is very polite on the bench, and I wonder if that’s where the perception is coming from. A non-native midwesterner might easily misread politeness as agreement.
Comment by TheInvisibleMan Thursday, Jan 20, 22 @ 1:17 pm
There are always lemmings willing to take a dive off a cliff. The pandemic has demonstrated the depth of that desire.
Comment by Lt Guv Thursday, Jan 20, 22 @ 1:17 pm
$5,000 multiplied by 145 school districts is a cool $725,000. Just sayin’
Comment by Joe Bidenopolous Thursday, Jan 20, 22 @ 1:18 pm
Maybe the judge needs to be asked if that judge wants to have its court time consumed with thousands of due process hearings. This would be insane to require due process hearings for each affected person when dealing with a pandemic.
Comment by Norseman Thursday, Jan 20, 22 @ 1:20 pm
Watched the “background ” Video
Devore resorting to War Story tout of a Christian County procedural victory is not persuasive or professional.
Verticchio presented well-concise and on point.
Result ? Will await the Court’s Decision.
Comment by Red Ketcher Thursday, Jan 20, 22 @ 1:22 pm
Devore accusing school administrators of having an authoritarian complex? Takes one to know one, I guess. /s
Comment by Johnny Tractor Thursday, Jan 20, 22 @ 1:32 pm
Not sure if legit but there are pictures of the judge on twitter that purport to show her behind the bench wearing her mask so her nose is exposed.
Comment by hisgirlfriday Thursday, Jan 20, 22 @ 1:38 pm
= the legislature is going to have to step in fast. =
What is stopping them from doing that now?
What stopped them from doing it weeks ago?
Last month?
Last year?
Two years ago?
We are entering the third year of pandemic and this government STILL cannot advance the conversation beyond masks and vaccines.
“Government of the people, by the people…” Sure. It’s a citizen Legislature. Are you telling me these engaged citizens cannot come to eventhismuch consensus? There are, right now, on their watch, thousands of people struggling to find the most basic human needs because they lack the resources to protect themselves. Going into this pandemic, the people who might have supplemented the immediate aide were still recovering (or never came back) from the budget impasse that lasted two+ years. How much do you suppose they have left in the tank after two years of pandemic?
I guess those people will just have to continue sacrificing their own wellness and safety until the Legislature decides it’s to their political advantage to act. I shudder to think what it might take to spark action.
/rant
Comment by Dirty Red Thursday, Jan 20, 22 @ 1:39 pm
Lots of states have dropped masking in schools with no need for additional closures. Is the idea here for Pritzker to get even more GOPers to move out of state?
Comment by Lotso Thursday, Jan 20, 22 @ 1:53 pm
I’ve watched some of the hearing today and it’s interesting when DeVore speaks. He’s insulting to the other Attorney’s and he spins everything in such a narcissistic way. Then he says to the Judge. “Isn’t that right Judge?” The other Attorney’s are so to the point about everything.
On the American Freedom Society YouTube page it’s hilarious the comments from the DeVore followers. It’s scary these people are so drawn to every word he say.
Comment by Club J Thursday, Jan 20, 22 @ 1:54 pm
=== Is the idea here for Pritzker to get even more GOPers to move out of state?===
Not enough tin foil these days, but lots of tin foil hats?
Comment by Oswego Willy Thursday, Jan 20, 22 @ 1:54 pm
= Not sure if legit =
It is.
Comment by Dirty Red Thursday, Jan 20, 22 @ 1:58 pm
=Lots of states have dropped masking in schools with no need for additional closures. =
So your factless assertion is that there have been no closures in other states?
A quick Google tells a VERY different story.
And the base of your argument is “because other states”? Sounds familiar but that kind of argument usually comes from our kindergarteners.
We are struggling to staff our buildings and 17% of our students are out, but let not test or mask.
(Banned word)
=Is the idea here for Pritzker to get even more GOPers to move out of state?=
At this point he really does not need to make the effort since they are all trying to off each other, but I appreciate the effort.
Comment by JS Mill Thursday, Jan 20, 22 @ 2:16 pm
==Is the idea here for Pritzker to get even more GOPers to move out of state?==
It’s nice to see that public health measures continue to be political for some of you.
Why does the GOP care so little about their fellow citizens? It’s always about “me, me, me” with them. No cares in the world about anyone but themselves. It’s sickening.
Comment by Demoralized Thursday, Jan 20, 22 @ 2:18 pm
=== Lots of states have dropped masking in schools with no need for additional closures. ===
Sounds like the many people saying comments we get from the propagandists. Red states are prohibiting mask mandates for their Freedumb campaign. This is causing havoc in Missouri. School cases have increased and mask policies are being reinstated to keep schools open. Meanwhile the AG continues his war on masks and vaccines. Lost one in court yesterday - thank god.
Comment by Norseman Thursday, Jan 20, 22 @ 2:20 pm
=authoritarian=
Maybe I should sue devore for defamation and libel.
I am sure he would support my day in court.
Comment by JS Mill Thursday, Jan 20, 22 @ 2:30 pm
“I wonder if DeVore and associates ever had the MMR, … .”
He’s probably Facebook friends with Julie Kirkbride.
Comment by Anyone Remember Thursday, Jan 20, 22 @ 2:32 pm
JS Mill
- some states have some states haven’t. It seems it’s mostly up to parents and local control. The crux of the reason people are upset is that they feel they are the best decision makers for their child and would like to be able to do so.
I know that last line will get me reamed on this site, but hey thanks for saying the quiet part out loud.
Comment by Lotso Thursday, Jan 20, 22 @ 2:39 pm
It’s been over a year, M’am. You could potty train a dog or a slow child faster than it apparently takes you to learn how to wear a mask. Maybe the case should be before someone who takes this all seriously?
Comment by Springfieldish Thursday, Jan 20, 22 @ 2:41 pm
“… more than 700 parents have against 145 schools over masks and exclusion policies.”
So I guess it only takes about 4 or 5 parents at each school on average to veto an executive order by a Governor elected by double digits over his opponent? Is that how democracy works now?
Comment by One Trick Pony Thursday, Jan 20, 22 @ 3:00 pm
=Plaintiff’s attorney Thomas DeVore said even forcing testing requires due process by law=
Now explain drug testing and “safety checkpoints” and due process.
=The crux of the reason people are upset is that they feel they are the best decision makers for their child and would like to be able to do so.=
Um yeah, I work in a school district.
Let me check my file- yep, parents are not experts on public health and/or communicable diseases. So, not qualified.
Neither am I. You know who is? IDPH.
Comment by JS Mill Thursday, Jan 20, 22 @ 3:01 pm
Our family has avoided the virus so far. And kept up a normal life in doing so. This will end that for us if masks become optional at school. Hello quarantine and time off work because the virus will sweep through an entire school in a matter of a week.
Man I hope the mask mandate stays for the rest of the school year. I’m prepared to see it gone by the start of next year - but just look at case load and the hospitals and how could you think this is a good idea.
Comment by Cool Papa Bell Thursday, Jan 20, 22 @ 3:06 pm
I’m all for Public Health measures that are proven to work. However, the public is getting mixed signals even from the health establishment. To beat a dead horse, the whole messaging has been mishandled from day one. Regardless …
I’m not going to predict how the judge will rule on this particular case. But I will note I’ve seen a growing pattern around the country of various judges starting to get fed up with endless emergency mandates, sometimes without clear legislative authority or actions. Reading between the lines, I think some judges are starting to feel that the various Legislatures have avoided acting for over 2 years and that it is time for the elected representatives to clarify things. I know the IL General Assembly could have stopped a bunch of these lawsuits … but have apparently chosen to duck their responsibility.
Going to be interesting to see what happens over the next year.
Comment by RNUG Thursday, Jan 20, 22 @ 3:12 pm
“… more than 700 parents have against 145 schools over masks and exclusion policies.”
This isn’t really what these court cases are all about. The above is what has been slowly taught to these 700 parents in their nightly DeVore messages and Facebook Live videos. Tom DeVore has let it slip a few times in the Courtroom the true motivation behind all this. His jealousy over the Governor’s authority during the pandemic. He’s made it clear on social media but he got caught up after the States Attorney and the Chicago School District Attorney spoke. Today he was like however you rule Judge you must rule the Governor doesn’t have the authority to rule the State like he has the last 22 months.
I’d be willing to bet there will be a Facebook live tonight about the last two days and he will tell everyone how it went. Trash talk the Attorney’s and the Governor then give them a plan of attack.
Comment by Club J Thursday, Jan 20, 22 @ 3:17 pm
=== The crux of the reason people are upset is that they feel they are the best decision makers for their child and would like to be able to do so. ===
No one is stopping them from making decisions for their children.
Enjoy Home-schooling.
Comment by PublicServant Thursday, Jan 20, 22 @ 3:19 pm
It would appear DeVore had some success at judge shopping. I hope I’m wrong.
Comment by Lt Guv Thursday, Jan 20, 22 @ 4:02 pm
=== The crux of the reason people are upset is that they feel they are the best decision makers for their child and would like to be able to do so. ===
The thing is outside of some collective activities you generally get to make most of the decisions for your kids. But in all sorts of collective things you don’t get to make the decisions as a parent. I am going to pick a relatively small area to illustrate this.
High school football.
Personal safety — things that basically impact one kid.
In the NFL and college, no one really cares if your knee pads cover your knees. In HS we do, I will tell a player to ensure his knees are covered with a pad and if they can’t or are unwilling to do so they have to leave the field of play and can’t return until they do. If some parent came on the field and said “Well I am ok with Timmy not having kneepads on” I would tell them, that’s great but he still can’t play without them. Because we have a minimum set of safety standards and this is one of them, these are standards for his protection. The same thing with a mouthpiece,even though it is just the kid putting is own mouth at risk, dad can’t say “it will be ok if he plays without one”. the same thing with a concussion, if we have reason to think a kid has gotten one, it isn’t their mom who gets to say ‘He is fine’.
General safety
You can’t play if you are actively bleeding. This isn’t really a risk for the player, it’s a risk for everyone else. Yes, the odds of a 15 HS student having a blood born pathogen that can cause problems is relatively low, but it is a risk not only to other players but officials as well. Even if mom says “it’s ok” they can’t play if they are actively bleeding, everyone seems to see the logic of this. You can’t play wearing metal spikes, again the risk to the player who would have these is relatively low but the risks to other players (getting cut) as well as the damage it would do to the football field (creating a risk for all). Again I would suspect these are basic rules that everyone understands the why when it comes to it and the overwhelming majority of people would feel they don’t have a right to op-out.
What might be best for my kid, may not be the best in general for all others around him. It might be better if my kid didn’t get speeding tickets because of negative impacts to him, but it is better if my kid obeys traffic laws to mitigate risk to himself and others.
I may truly in every way shape and form be the ‘best decision maker’ for my kids, but in some contexts and for various reasons I don’t get to be the decision-maker for my kids.
Comment by OneMan Thursday, Jan 20, 22 @ 4:24 pm
==The crux of the reason people are upset is that they feel they are the best decision makers for their child and would like to be able to do so.==
If they truly were the best decision makers we wouldn’t have to make these rules regarding mask-wearing because the parents would already be making the decision to have their kids wear masks. When people won’t act responsibly you force them to.
Also, why should we stop with parents “feeling” like they are the best decision makers with regard to mask wearing. Why not let them make the “best decision” for their child when they are sick and go ahead and send their kid to school or, when the school calls and tells them their kid is sick, let’s let the parent tell the school they “feel” like that the best decision is to keep them in school.
Comment by Demoralized Thursday, Jan 20, 22 @ 4:33 pm
Judicial misconduct.
Comment by Jason Bourne Thursday, Jan 20, 22 @ 4:54 pm
Well said, OneMan.
Comment by Proud Papa Bear Thursday, Jan 20, 22 @ 5:55 pm
OneMan scores with his comment. Sadly, the phony freedom crowd doesn’t care.
Comment by Norseman Thursday, Jan 20, 22 @ 7:51 pm
=Nice touch=
This ain’t facebook, the blog is modified by Rich because, well, he created it and we all understand that. I have comments that are moderated from time to time, just means they didn’t make the standards cut.
You can always go back to facebook.
Comment by JS Mill Friday, Jan 21, 22 @ 8:56 am