Appellate court rules school mask mandate expired, tosses Pritzker’s appeal; Governor to ask state Supreme Court to review

A downstate appellate court has ruled the state’s indoor mask requirement in schools has expired and therefore an appeal of a temporary restraining order barring schools from enforcing it is “moot.”

However, a spokeswoman for Gov. J.B. Pritzker said he plans to appeal the order to the Illinois Supreme Court.

“The governor is disappointed in the appellate court’s decision and concerned for the health of those in schools — particularly vulnerable children and adults — and the ability to continue in-person learning,” spokeswoman Jordan Abudayyeh said via email. “The administration is working with the attorney general to request an expedited review of this decision from the Supreme Court.”

It’s unknown how long that decision will take.

In the appellate court order, justices wrote school district officials can decide for themselves how to address any indoor masking requirements.

The three-judge panel wrote in an order issued late Thursday there is no longer a required “actual controversy” needed for the court to rule on the state’s appeal of the restraining order.

That’s because the legislature’s Joint Committee on Administrative Rules had allowed the Illinois Department of Public Health’s emergency rule regarding indoor masking at schools to expire, according to the order.

“We dismiss defendant’s appeal because the expiration of the emergency rules renders this appeal moot,” the order reads.

Justice John Turner wrote the order on behalf of himself and colleagues Justice Thomas Harris and Justice Lisa Holder White.

“The existence of an actual controversy is a prerequisite for appellate jurisdiction,” the justices wrote. “We note the language of the (restraining order) in no way restrains school districts from acting independently from the executive orders or the IDPH in creating provisions addressing COVID-19.”

Holder White wrote a partial dissension that questions whether the judge issuing the temporary restraining order did so properly.

The appellate court’s order comes nearly two weeks after a Sangamon County judge issued a temporary restraining order against the mask requirement that many legal experts said only affected roughly 140 districts and the students named as plaintiffs in the lawsuit.

However, many districts that were not named in the suit made masks optional inside schools in the wake of the court decision, while some other districts defied the order.

The confusion about the Feb. 4 order and subsequent decisions by school leaders resulted in protests at many schools.

Gov. J.B. Pritzker asked Illinois Attorney General Kwame Raoul to appeal the restraining order, which was done Feb. 7.

The legislature’s joint committee voted against extending IDPH emergency rules Tuesday, adding to the confusion. Both Raoul and the plaintiff’s attorneys said the committee’s vote should have no effect on the appellate court’s decision.

“We disagree,” the order reads. “On Feb. 14, 2022, IDPH renewed the aforementioned Sept. 17, 2021, emergency rules. However, on Feb. 15, 2022,

(JCAR) objected to and suspended IDPH’s renewal. Thus, none of the rules found by the circuit court to be null and void are currently in effect.”

Pritzker has asserted ever since the initial temporary restraining order was issued that schools should continue requiring masks for anyone inside the schools.

“Doctors say that masks are the best way to preserve in-person learning and keep children and staff safe,” Pritzker said Wednesday at an event in Springfield. “A majority of parents in the state of Illinois and across the country believe we need to keep a mask requirement in schools until it becomes safer.”

Raoul’s office released a statement on Friday that said the attorney general disagreed with the appellate court’s ruling and intended to appeal it to the Illinois Supreme Court.

“The COVID-19 pandemic is not over, and the Attorney General is committed to defending the governor’s actions to mitigate the spread of a virus that has resulted in more than 32,000 deaths in Illinois alone, and to protecting the health and safety of all Illinois residents,” the statement read.

Illinois Education Association President Kathi Griffin said the appellate court’s order brought “clarity” to the circuit court judge’s earlier ruling that “sent schools into chaos.” She praised the order’s acknowledgment giving district leaders the right to decide on masking.

“We need to come together to find thoughtful solutions to bring some calm back to our schools,” Griffin said. “Which will provide a better environment for our teachers and staff to provide students the important learning and emotional support that they need.”

The state issued the indoor mask mandate before the start of the school year in an effort to stem the growing number of COVID-19 cases.

Pritzker said he plans to lift the indoor mask requirement at many public locations, except schools and health care settings, as early as Feb. 28 if statewide COVID-19 health metrics are met.

Algonquin area Community Unit District 300 parent Sharon Fetting emailed administrators at Jacobs High School in Algonquin to let them know her twin sons would not be wearing masks at school today.

“My children will be going to school with no mask today,” Fetting wrote to school officials. “Please show empathy for the children who wish to breathe.”

Downers Grove Elementary District 58 Superintendent Kevin Russell issued a preemptive note to parents Thursday afternoon saying it would be days before any changes were made to the districts masking policy, no matter the court’s decision.

“There will be no immediate changes to the status quo for District 58,” Russell wrote. “As was the case two weeks ago, we thank you for your patience as we continue to navigate the various executive orders, court rulings and actions of the legislature.”

https://www.dailyherald.com/news/20220218/appellate-court-rules-school-mask-mandate-expired-tosses-pritzkers-appeal