Southern Illinois News

State Rep. Patrick Windhorst (R-Metropolis) is hoping Gov. J.B. Pritzker has finally gotten the message after repeated rejections of his school mask mandate.

“Late Thursday night, Governor Pritzker’s quest for unending executive authority was handed another defeat by a three-judge panel of the Illinois Appellate Court,” Windhorst posted on Facebook. “The dismissal of the Governor’s appeal comes after Illinois House Republican members of the Joint Committee on Administrative Rules (JCAR) led an effort earlier this week to block a new emergency rule from being implemented that would have reinstated Governor Pritzker’s mask mandate in schools. As House Republicans have been saying all along, local school boards and parents have the right to make decisions that are best for their students. In light of his defeat by the legislative and judicial branches this week, I urge Governor Pritzker to abandon any plans he may have to appeal to the Supreme Court and save all Illinoisans the time, money, and angst that will certainly follow.”

In issuing her order, Sangamon County Circuit Judge Raylene Grischow asserted Illinois law designates IDPH the “supreme authority” in matters of quarantine and isolation, not the governor. She added IDPH is mandated to adhere to standards outlined under the Illinois Department of Public Health Act, including where it pertains to due process requirements.

Windhorst isn’t the only Republican lawmaker hoping to see the governor walk away from the issue.

Senate Minority Leader Dan McConchie (R-Hawthorn Woods) argues that Pritzker's easing of the mask mandate on nearly everyone but students proves his motivations are more about maintaining power. Earlier this month, Pritzker announced he plans to lift the general statewide indoor mask mandate on Feb. 28.

“Pritzker is failing to accept defeat as his ego and desire for power continue to lead him through his decision-making process,” he said. “It’s clear that the Governor can’t stand the thought of loosening his grip on ruling unilaterally through the pandemic, thus he is willing to go to every extent possible to maintain that power.”

Since the judge’s ruling went into effect, more than 550 Illinois school districts have gone mask- optional as litigation on the issue remains outstanding. Grischow has denied motions in separate cases for there to be class status, meaning the temporary restraining order stands to only impact the plaintiffs and the school districts that are part of the lawsuit.

Grischow has also recently ordered Chicago Public Schools CEO Pedro Martinez to appear before the court to face a contempt of court complaint.

"It is ordered that Mr. Pedro Martinez, as agent for the City of Chicago School District #299, and the Board of Education of City of Chicago School District #299, shall personally appear before this court and show cause as to why the defendants should not be held in contempt for failure to abide by and comply with this Court's prior order of February 04, 2022," Grischow’s Feb. 14 order reads.

Attorney Tom DeVore, who has filed suit on behalf of parents against at least 145 school districts, has threatened to sue CPS for not obeying a restraining order preventing the district from treating students who unmask differently from those who continue to mask. CPS is the country’s third-largest district with more than 347,000 students.

On the day following the Sangamon County court ruling, video captured Hinsdale Central High School officials isolating students who refused to wear masks in the school auditorium. Parents and students told The DuPage Policy Journal the scene played out throughout the day, as was the case across much of the state as more mask-weary students made the decision to attend classes without masks.

DeVore has vowed to start pursuing criminal complaints for contempt of court against school officials who abuse the rights of plaintiffs in the suit.

“If I can confirm that the Hinsdale School District or any school district is isolating children that are plaintiffs in this case, and I know that to be true, I'm going to ask the judge, 'Put somebody in the county jail' as soon as I have the first available opportunity,” DeVore told DuPage Policy Journal. “That's what I'm going to try to do because they cannot do that.”