Sangamon County Judge Issues Ruling Against State's Mask Mandates In Schools

“This court acknowledges the tragic toll the COVID-19 pandemic has taken, not only on this State but throughout the nation and globe,” Grischow wrote in the decision. “Nonetheless, it is the duty of the Courts to preserve the rule of law and ensure that all branches of government act within the boundaries of the authority granted under the Constitution.

“The (Illinois Department of Public Health) is limited by law to delegating its authority only to certified local health departments and has not been authorized by the Legislature to delegate any of its authority to any other body of government, including school districts,” she also wrote.

Governor Pritzker has asked the Illinois Attorney General’s office for an immediate appeal of Judge Grischow’s decision to restrain the State from enforcing the safety measures aimed at protecting teachers, school personnel, students, and communities from COVID-19.

“The grave consequence of this misguided decision is that schools in these districts no longer have sufficient tools to keep students and staff safe while COVID-19 continues to threaten our communities – and this may force schools to go remote,” said Governor JB Pritzker.

Pritzker said late Friday he is seeking an expedited appeal. In the past, he has been successful in overturning similar challenges to his use of emergency powers. However, for now, the ruling could impact thousands of schools statewide.

Attorney Tom DeVore has represented hundreds of Illinois students and parents and several dozen teachers across more than 150 districts who filed suit against the state's school mandates for vaccination, testing, and masking.

DeVore said school districts need to listen and rethink what they are doing with masks. Illinois Federation of Teachers (IFT) President Dan Montgomery issued this statement today following the ruling by Sangamon County Judge Raylene Grischow on the temporary restraining order (TRO) that would prohibit enforcement of face masks, vaccination, and COVID testing mandates.

“The Illinois Federation of Teachers is greatly distressed at the judge’s temporary restraining order (TRO) in this case. Hundreds of thousands of students, teachers, and staff across Illinois are doing their best to remain healthy and keep schools open. We believe what the judge ordered today is legally faulty and a threat to public health and, most importantly, a threat to keeping Illinois schools open for in-person learning. Our children and their families need certainty and some normalcy at school, not legal wrangling managed by a small minority of citizens.

“We urge the judge to stay her ruling and the state to appeal it as soon as possible. In the meantime, we will continue to advise our members on how to remain safe and healthy at work. We insist that school districts statewide abide by existing agreements on health and safety. In fact, the safety mitigations encompassed by the State’s guidance, as well as vaccinations for children and adults, are the best ways to keep schools open and everyone healthy. And we will stand with our local unions to protect our members and the students they serve.”

The Illinois Education Association (IEA) President Kathi Griffin released the following statement after a ruling by Sangamon County Judge Raylene Grischow on the temporary restraining order (TRO) that would prohibit enforcement of face masks, vaccination, and Covid testing mandates.

“This decision has the potential to shut our schools down, effectively closing our school buildings and perhaps being potent enough to stop in-person learning altogether. We’ve been able to have students in classrooms all over the state for this school year and last and that’s because public health safety measures have been taken that follow the advice of scientists and health care professionals. Without those safety measures in place, we risk forcing thousands of teachers, education employees and students to be out sick or forced into quarantine.

"The teacher and education employee shortage is at a crisis level. Schools are shutting down because they do not have enough healthy employees to safely hold classes even though staff continues to give up their plan time and lunches to cover classes. The science is there: masking, along with vaccines, testing, social distancing and quarantining, are the best ways to protect against the virus. Removing any of these protections would be detrimental to our students and staff safety and will almost certainly force schools across the state to close because of a staffing shortage. Omicron is proof to us that though we may be done with the virus, the virus is not done with us.

"Keeping students in the classroom is so important, but only if the environment is safe. The judge’s ruling today calls into question the safety of schools across the state and we will support all efforts to stop its immediate implementation while state and district defendants pursue an appeal. Keeping learning and working conditions safe inside schools is imperative to keep our communities safe and our school buildings open for in-person learning."