Kendall Sheriff, State’s Attorney: Restraining order on masks in schools not a criminal matter

Kendall County public school districts have acted on their own in responding to Sangamon County Circuit Court Judge Raylene Grischow’s temporary restraining order on Feb. 4 declaring Gov. JB Pritzker’s emergency order requiring facing coverings –including masks on students – and COVID-19 testing protocols in all Illinois schools “null and void.”

Oswego School District 308 and Plano School District 88 have continued to require students and staff to adhere to the mask requirement and testing protocols under Pritzker’s order as issued last August. Yorkville School District 115, however, has chosen to abide by the restraining order and is recommending but not requiring students and staff to wear masks and to follow the testing protocols.

The differing responses has prompted some parents to contact the Kendall County Sheriff’s Office and Kendall County State’s Attorney’s Office.

In a joint statement issued Tuesday, Feb. 8, Sheriff Dwight Baird and State’s Attorney Eric Weis noted a TRO like the one issued by Grischow is a remedy issued in a civil litigation case.

The statement continues, “The decisions being made by our local school districts and how they interpret the TRO for their respective school districts is not a criminal matter that would require enforcement by the Kendall County Sheriff and/or the Kendall County State’s Attorney. The Kendall County Sheriff’s Office will respond to service calls that are criminal in nature, but, at this time, the court has entered no order authorizing the Kendall County Sheriff’s Office to proceed with any type of enforcement action regarding the TRO.”

Weis and Baird also said in their statement that Kendall County is not party to the civil court case that led to the issuance of the TRO and the Kendall County State’s Attorney is not representing any of the parties named in the lawsuit. They said their respective offices do not have the authority to criminally enforce the state’s mask mandate.

“If you have any further questions regarding your school district’s policies, you should contact your local school district’s administration, or, if you are in need of legal assistance, you have the right to seek legal representation,” the statement said.

The judge’s issuance of the TRO 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.

Illinois Attorney General Kwame Raoul announced Saturday, Feb. 5, he has filed an “expedited appeal” of the court ruling 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.”