Illinois Appeals Temporary Order Blocking School Mask Mandate

(Bloomberg) -- Illinois Governor J.B. Pritzker is seeking an appeal of a judge's ruling temporarily blocking the state from enforcing a mask mandate at dozens of school districts.

Late Friday, Sangamon County Judge Raylene DeWitte Grischow ruled in favor of the group of parents who brought the lawsuit, issuing a temporary restraining order against Pritzker's executive order requiring districts to mandate masks for students and teachers.

The temporary order also applies to the governor's order that school districts deny entry for a period of time to students and teachers who are close contacts of confirmed or probable Covid-19 cases if they refuse to test.

“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 ruling. “Nonetheless, it is the duty of the courts to preserve the rule of law and ensure that all branches of government act within the bounds of the authority granted under the Constitution.”

Since Grischow denied the plaintiff's request for class certification, the restraining order only applies to the parties in the case. But she also declared the state Department of Public Health and Board of Education rules “void,” and in a footnote said: “Any non-named plaintiffs and school districts throughout this state may govern themselves accordingly.”

Attorney General Kwame Raoul is seeking an expedited appeal from the Fourth District Illinois Appellate Court, according to a statement from the governor's office.

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

The required safety measures have been able to keep students in class this year, and without them, in-person learning is at risk, according to the Illinois Education Association.

“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,” Illinois Education Association President Kathi Griffin said in an emailed statement. “Without those safety measures in place, we risk forcing thousands of teachers, education employees and students to be out sick or forced into quarantine.”

Illinois's weekly Covid-19 cases have dropped by about half, according to a report from the state's public health department. Confirmed and probable weekly cases fell to 60,389, from 123,812 a week earlier, the department said on its website Friday. The state reported 608 deaths during the week, compared with 843 a week ago as positive cases as a percent of total tests declined to 5.8% from 9.4%.