ILLINOIS (WAND) - An Illinois judge granted a temporary restraining order Friday that stops mask requirements for students in school districts, and Gov. JB Pritzker's office said the state will challenge the ruling.
The ruling from Sangamon County Circuit Court Judge Raylene Grischow came after parents filed lawsuits against over 150 school districts, the governor and the Illinois State Board of Education. According to NBC Chicago, those parents argued the state did not have due process in its mask order.
Grischow granted the temporary restraining order after hearing oral arguments earlier in February. The order says defendants temporarily can't order school districts to require students and teachers to wear masks, unless there is a quarantine order issued from a local health department.
Pritzker said he asked the Illinois Attorney General's Office to immediately appeal Grischow's decision. As a result, the attorney general is seeking an expedited appeal from the Fourth District Illinois Appellate Court.
“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 Pritzker. “This shows yet again that the mask mandate and school exclusion protocols are essential tools to keep schools open and everyone safe. As we have from the beginning of the pandemic, the administration will keep working to ensure every Illinoisan has the tools needed to keep themselves and their loved ones safe.”
"We remain committed to defending Gov. Pritzker’s actions to mitigate the spread of COVID-19 and will appeal this decision in the Illinois Appellate Court for the 4th District in Springfield,” said Attorney General Kwame Raoul. “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. 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. It prioritizes a relatively small group of plaintiffs who refuse to follow widely-accepted science over the rights of other students, faculty and staff to enter schools without the fear of contracting a virus that has claimed the lives of more than 31,000 Illinois residents – or taking that virus home to their loved ones.”
In a press release, the governor's office said the Pritzker administration has provided schools with 3.8 million masks for students, teachers and staff as of Jan. 12, 2022. The state completed over 2 million COVID-19 tests in schools through the SHEILD program and sent over a million rapid tests into schools outside of Chicago.
In addition, the state has held 1,767 on-site vaccination clinics in Illinois schools and day camps. An additional 470 clinics are already scheduled.
"Vaccinations, boosters, mask-wearing and testing are the key to keeping schools open and to maintaining safety standards for staff and students alike," the governor's office said.
