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DeVore wants CPS held in contempt over Sangamon County judge’s mask TRO

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Illinois

* NBC Chicago earlier this month…

A downstate Illinois judge made a ruling late last week that effectively prohibits a statewide mask requirement in schools, sparking plenty of confusion from school districts across the state. […]

Some districts are put in a different situation due to collective bargaining agreements.

According to the ruling, such agreements remain enforceable, like the one between Chicago Public Schools and the Chicago Teachers Union.

“…We expect the mayor and CPS to act responsibly and uphold our agreement to require masks — providing KN95 masks for every adult and child in our schools,” CTU said in a statement. “This is what the overwhelming majority of Chicago parents and families support.”

* Today…

Plaintiffs in the case challenging mask and exclusion policies in Illinois public schools are seeking to hold Chicago Public Schools officials in contempt of court. […]

DeVore said all of last week, with the judge’s temporary restraining order against schools, the children of more than 700 plaintiff parents were mostly allowed to attend school without a mask, even in Chicago.

“They were leaving them alone, so there was no harm to them,” DeVore told The Center Square Monday. “Today, out of the blue, they told my clients that are listed in the [lawsuit] that their children had to wear a mask or go home. For whatever reason, they arbitrarily just changed the way that they were going to handle my children and so they’re in contempt of court and I’m going to ask the judge to find them so.”

I think the point is that CPS is not enforcing the governor’s executive orders or ISBE emergency rules, but is instead enforcing its collectively bargained contract with its union. So, the judge would have no power over that, would be the argument.

posted by Rich Miller
Monday, Feb 14, 22 @ 11:08 am

Comments

Not a lawyer, which I think is obvious by now, but that was my understanding. That the order was about IDPH (the vehicle the governor’s EO used) not following its own guidelines around due process (as the judge sees it, with the interesting interpretation that masks or tests are a quarantine and thus have to follow quarantine procedures). Not saying that localities or schools couldn’t enforce a mask mandate, but that the state/IDPH couldn’t run masse, without due process.

Comment by Perrid Monday, Feb 14, 22 @ 11:15 am
In other words DeVore is in favor of local control unless that locality does something he doesn’t agree with.

Comment by tea_and_honey Monday, Feb 14, 22 @ 11:19 am
Absolutely bizarre to see “local control” Republicans constantly seeking top-down approaches to education (which is a key point in their 2022 campaign message) for their priorities.

Comment by NIU Grad Monday, Feb 14, 22 @ 11:28 am
I find nothing odd about DeVore’s stance. He’s a hypocrite and a grandstander.

Comment by Cheryl44 Monday, Feb 14, 22 @ 11:33 am
==they arbitrarily just changed the way that they were going to handle my children and so they’re in contempt of court==

If anyone knows how to be arbitrary and contemptible, it’s him.

Comment by Jocko Monday, Feb 14, 22 @ 11:38 am
Didn’t the judge specifically state that her order would not affect any mask mandate imposed by a collective bargaining agreement? Did Devore even read the order?

Comment by Big Dipper Monday, Feb 14, 22 @ 11:46 am
oh, do please come up north and appear in person. you will find it interesting.

Comment by Amalia Monday, Feb 14, 22 @ 11:46 am
== In other words DeVore is in favor of local control unless that locality does something he doesn’t agree with. ==

Conservatives only complain about process or tactics as a proxy when they disagree about the actual substance. When the roles are reversed, they are more than happy to reverse their complaints.

Comment by Homebody Monday, Feb 14, 22 @ 11:51 am
“For whatever reason, they arbitrarily just changed the way that they were going to handle my children…”

…my children…

That is either a slip of a forked tongue or pride of “ownership” over “clients”??? Had a bit of a Gauis Baltar (new Battlestar version) ring to that statement of DeVore’s.

Comment by Anon221 Monday, Feb 14, 22 @ 11:53 am
Does DeVore want CPS held in contempt because they were a party to the suit and he served them with the ruling, or because he disagrees with what they’re doing?

Comment by Socially DIstant watcher Monday, Feb 14, 22 @ 12:10 pm
Maybe the school districts are relying on Section 15 of the Public Labor Relations Act.

Comment by Original Rambler Monday, Feb 14, 22 @ 12:17 pm
Devore and his supporters on school boards are endangering children, causing chaos, creating a terrible learning environment by radically changing mask policy overnight on children with little to no notice to parents. If a child is hurt or God forbid dies, and the downstate TRO is overturned, look for personal lawsuits against School Board Members, their attorneys and the Board itself. Endangering children to make a minor political point should never be tolerated.

Comment by Harriett Monday, Feb 14, 22 @ 12:22 pm
= That is either a slip of a forked tongue or pride of “ownership” over “clients”? =

I was only slightly kidding when I referred to these groups of being full of Holden Caulfields.

Comment by TheInvisibleMan Monday, Feb 14, 22 @ 12:31 pm
Whoa Cowboy Tom! Let’s wait for the appellate court ruling regarding the validity of your case. Patience is a virtue.

Comment by H-W Monday, Feb 14, 22 @ 12:36 pm
DeVore is doing damage to communities that will never be healed. Some of these parents are going to be shunned — and their kids with them — for the rest of their kids’ school careers. I hope he’s happy with the harm he’s doing.

Comment by Suburban Mom Monday, Feb 14, 22 @ 12:38 pm
*** oh, do please come up north and appear in person. you will find it interesting.*****
DeVore is scheduled to be speaking in St. Charles at the Arcada Theater with Charlie Kirk at an Anti Masking event. He boasted that he’s coming to take the Governor down in his own area. He’s so popular that everyone is asking him to come talk.

Comment by Club J Monday, Feb 14, 22 @ 1:28 pm
Can an attorney please weigh in on how a circuit court judge’s order impacts schools in other jurisdictions?

Comment by James Holderman's lost conscience Monday, Feb 14, 22 @ 1:34 pm
From my limited knowledge, different circuit so the decision does not bind school districts up north.

Comment by Original Rambler Monday, Feb 14, 22 @ 1:40 pm
Oh, I forgot. Tom was sick the day they taught the law in law school.

Comment by James Holderman's lost conscience Monday, Feb 14, 22 @ 1:47 pm
-Can an attorney please weigh in on how a circuit court judge’s order impacts schools in other jurisdictions?-

For administrative convenience, consistency, and because state entities were defendants, the Illinois Supreme Court consolidated all the mask mandate cases in Sangamon County. It has the inherent power to do this. Over 140 districts across the state were named as defendants and are directly in these cases, so the rulings directed at them are enforceable.

Comment by Ron Burgundy Monday, Feb 14, 22 @ 1:48 pm
And yes because the cases were moved by the Illinois Supreme Court and the named districts are defendants, yes, the ruling is binding against them wherever they may be until such time as it is stayed or overturned.

Comment by Ron Burgundy Monday, Feb 14, 22 @ 1:49 pm
Rumor has it that tomorrow is ‘Trash the Mask’ day…which I guess is what passes for the Selma march for disaffected white students today.

Comment by Jocko Monday, Feb 14, 22 @ 2:32 pm
I’m in contempt? You’re in contempt.
I really wish I could use the proper punctuation mark. S/

Comment by Bruce( no not him) Monday, Feb 14, 22 @ 3:52 pm
==For administrative convenience, consistency, and because state entities were defendants, the Illinois Supreme Court consolidated all the mask mandate cases in Sangamon County.==

And Tom DeVore passed the savings onto… hey, where did that $720,000 he encouraged all those concerned parents to raise go, anyway?

Comment by Roadrager Monday, Feb 14, 22 @ 5:36 pm
My children? Did he really say my children? Wow, he really needs to spend some time in the north.

Comment by Kevin Monday, Feb 14, 22 @ 5:48 pm
Those who agree with Devore are confident that a contract between two parties, like CPS and CTU, cannot bargain away the Due Process rights of a third party, like kids/families.

Not a lawyer, but I do like basketball.

Comment by Half Court Floor Seats Monday, Feb 14, 22 @ 6:04 pm
Half court, it isn’t clear to me, at least, why the process that IDPH has to go through to quarantine people would bind school districts from imposing their own requirements.

Comment by Perrid Tuesday, Feb 15, 22 @ 8:04 am