SE Illinois News

The 4th District Court of Appeals recently dismissed an appeal by Gov. J.B. Pritzker, keeping the temporary restraining order that blocked his COVID-19 mask mandate for schools in place.

According to a report by The Center Square, the dismissal of Pritzker’s appeal means that there is no statewide mandate for schools. This is part of an ongoing saga that began in October when  Pritzker, Illinois education officials and 145 school districts were sued by 700 parents over a mask mandate ordered by Pritzker in August. A temporary restraining order was provided to some schools, and Pritzker has said that those without a TRO must adhere to the mandate.

“Because the emergency rules voided by the TRO are no longer in effect, a controversy regarding the application of those rules no longer exists,” the appeals court panel said in a ruling published last week. “Thus, the matter is moot.”

Rep. Patrick Windhorst (R-Harrisburg) released a statement on Feb. 15 saying that there is no legal authority or emergency rule that allows Pritzker to force children to wear masks in schools. Windhorst has been adamantly against Pritzker’s mask mandate, and said that this decision by the court of appeal is another part of ending Pritzker’s “seemingly never ending quest to rule the state without the input of the legislation."

“I have been a strong advocate that students in our schools should not be subject to wearing a mask through the Executive Order of the governor or by the edict of a group of unelected bureaucrats in Springfield and Chicago,” Windhorst said. “It is my hope that this is the beginning of the long road ahead to helping our children recover from the social-emotional and educational roadblocks they face as we emerge from the pandemic and return to normal life. Today is a good day for our children.”

He also took to Facebook to commend the decision by the appeals court panel.

“The dismissal of the governor’s appeal comes after Illinois House Republican members of the Joint Committee on Administrative Rules led an effort earlier this week to block a new emergency rule from being implemented that would have reinstated Gov. Pritzker’s mask mandate in schools,” Windhorst wrote. “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.”

According to a report by WIFR on Feb. 18, Pritzker intends to bring the case to the Illinois Supreme Court, as he has already asked Attorney General Kwame Raoul to request an expedited review. Raoul said that the fact that the court did not take any action has added to the confusion for students, teachers and families. Vice President of the Illinois Education Association Albert Llorens agreed, saying it has been politicized.The association is urging all involved – including parents, educators, students and community members – to find a solution together.

Windhorst, said in the WIFR report that if a parent wants their child to wear a mask, that should be fine, but not mandated.

Windhorst called for Pritzker to stand down after the decision by the appellate judges.

“In light of his defeat by the legislative and judicial branches this week, I urge Gov. 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,” Windhorst wrote on Facebook.