Attorney general will appeal temporary restraining order on mask mandate

The Illinois attorney general said he would seek an “expedited appeal” of a Sangamon County judge’s temporary restraining order that could disrupt the state’s masking requirements for schools.

The judge’s order on Friday stems from a consolidated lawsuit filed by Greenville attorney Thomas DeVore on behalf of parents of students and affecting more than 100 Illinois school districts.

Arguments in the case were made before the court in early and mid-January.

As part of the appeals process, Attorney General Kwame Raoul submitted a request on Friday to the Sangamon Circuit Court to stay its temporary restraining order pending the state’s appeal, according to court documents posted by Capitolfax.com.

In the court filing, the attorney general cited declarations from two public health experts as a reason for issuing a stay. The request said the judge’s temporary restraining order is likely to disrupt the ability of schools to continue in-person instruction and cause an increase in sickness and possibly death.

As for the appeal, Raoul said it would be filed with the Illinois Appellate Court for the Fourth District in Springfield, which has jurisdiction over Sangamon County.

“This decision sends the message that all students do not have the same right to safely access schools and classrooms in Illinois, particularly if they have disabilities or other health concerns,” Raoul said in a statement. “The court’s misguided decision is wrong on the law, demonstrates a misunderstanding of Illinois emergency injunction proceedings and has no relation to the record that was before the court.”

On Friday, Sangamon County Circuit Court Judge Raylene Grischow ruled that Gov. JB Pritzker’s emergency order requiring face coverings and COVID-19 testing protocols in all Illinois schools was “deemed null and void,” according to an earlier Capitolfax.com report.

In a statement, Pritzker vowed swift action.

“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,” Pritzker said. “This shows yet again that the mask mandate and school exclusion protocols are essential tools to keep schools open and everyone safe.”

Pritzker imposed an indoor mask mandate for schools in August following guidance from the Centers for Disease Control and Prevention that recommends “everyone in K-12 schools should wear a mask indoors, including teachers, staff, students and visitors, regardless of vaccination status.”

The governor’s order at the time was issued as the delta variant spread throughout the country and schools looked for students to return fully in person for the school year.

Many argued governor overstepped the powers of his office and infringed on personal freedoms. When he announced the order, the governor said it was meant to slow the spread of the virus and keep others with significant health concerns in and out of schools safe from serious illness.

It’s unclear whether the temporary halt to Pritzker’s school mask mandate will apply to all Illinois schools or just the ones attached to the lawsuit.