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*** UPDATED x1 *** The roots of the current chaos and the resulting fallout

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* Tom DeVore was on WMAY this morning with Greg Bishop

Q: So what does this mean, though, when it comes to those districts that are still going to have mask mandates in place, because we do have those districts including the Chicago school districts and several others, who’ve said that they’re going to still require masks? Are they violating the the judge’s order here?

DeVore: Technically, they are not. Again, this is an interlocutory order, it’s a temporary order. Her language is very strong. And I think that’s why a lot of them relied upon that language in making their decision. So they’re not violating her order as it exists today. But what they are doing, Greg, and what their lawyers have been telling them all weekend, which is why you’ve got 200 school districts give or take that have went fully mask optional, no vaccine, testing program. What they’re telling them is that Judge Grischow’s order, if it carries the day, and it remains the law through the appellate court, that what they’re doing right now, even though it doesn’t violate her order, it could end up being illegal and a violation of people’s civil rights because [they] are knowingly doing something that she says is a due process violation. And if they continue to do that, and that remains to be the law, they could be exposing themselves to pretty significant civil rights claims. And so that’s why a lot of these school districts are switching to mask optional and they probably think that’s the best policy for their district anyway.

In other words, the school districts named in the suit are the only ones truly bound by the judge’s order. But, if her decision is upheld down the road, then it could be considered persuasive authority that the school districts should’ve known that imposing mask/vax/test mandates could result in civil rights claims. I checked in with an experienced attorney and he said that, as much he hated to admit it, he agreed with the DeVore analysis, but stressed that it wasn’t a slam dunk and doubted DeVore will prevail on appeal.

The governor said firmly yesterday that schools not named as defendants “should continue to follow the prescribed public health protocols,” but every district has their own lawyers, and lawyers often disagree with each other because it’s the nature of the profession and nobody really knows how a judge, particularly a county judge, will rule on big cases like this one.

* Tribune

The Tribune spoke with Nancy Fredman Krent, who teaches education law as an adjunct professor at Chicago-Kent College of Law, about what the decision means for schools as the pandemic continues.

“The judge didn’t certify the class, so technically only the plaintiffs would be covered. But if you read the order, the judge enjoined the defendants (including both the state defendants and individual school boards) from requiring the school districts to mandate use of masks by students or staff,” Krent said. “So you can read the order as covering only the plaintiffs or read it as covering the defendants in their actions generally.”

She continued: “The judge refers in the footnotes to non-named plaintiffs without holding directly they are specifically covered, but she implies they are or, at a minimum, she believes that if they sue, they will get the same result as this decision.”

* Let’s go back to yesterday, via WCIA

“Judge Raylene Grischow’s ruling is out of step with the vast majority of legal analysis in Illinois and across the nation,” Pritzker said, claiming her ruling “cultivates chaos.” […]

“The judge has created a tremendous amount of confusion even in the way she wrote her decision,” Pritzker said.

Judge Grischow temporarily halted the statewide mask mandate and wrote in her ruling that local school districts were free to “govern themselves accordingly.”

* WGN

Widespread confusion in school districts across the state continues after a judge downstate ruled against the mask mandate.

Two school districts cover Hinsdale – and the two districts took two different approaches.

Elementary and middle schools switched to remote learning over concern the mask confusion would create disruptions in the classroom. But Hinsdale Central and South high schools were open, requiring students to wear masks. When some students didn’t comply, administrators moved them to a separate part of the building.

* WTTW

Meanwhile, Mateo Farzaneh sent his third-grader to school Monday morning in Lincolnwood, worried that she wouldn’t keep her mask on.

Farzaneh said his family has been particularly cautious about the coronavirus given that he has a concerning health condition; he’s likewise mindful of teachers’ safety, and believes that masks should be mandatory as long as health experts say there’s a need.

Lincolnwood District 74 is not a plaintiff in the suit, and Grischow did not certify the case as a class action, but the Lincolnwood district wrote parents that the “court order is in effect and Governor Pritzker’s Executive Orders regarding facial masking are not” so at this point masks are recommended, not required.

Farzaneh said he had a careful conversation with his daughter about the need to keep her nose and mouth covered with a mask, even if other kids take off their masks.

* Fox News

A group of high school students in the Chicago area walked out of class Monday after being told they had to wear masks to attend class.

The walkout came after Sangamon County Circuit Court Judge Raylene Grischow issued a temporary restraining order against Illinois Gov. J.B. Pritzker’s requirement that masks be worn in schools to prevent the spread of COVID-19.

Video shared on Twitter by Jon J. Kerr, publisher of The Kerr Report on Substack, shows a throng of maskless Vernon Hills High School students trickling out of the school.

* Daily Herald

Wheaton Warrenville Unit School District 200, one of the defendants, opted for voluntary masking because of the ruling.

Some parents protested the decision outside the district’s offices Monday.

“I do think we’re in a period of confusion and disruption, and that’s why I think District 200’s decision was outrageous,” said Shannon Limjuco, a Wheaton parent who helped organize the demonstration. ” … Other school districts around us are staying the course with masking and other COVID mitigation, knowing that things are still in flux.”

* Sun-Times

“This chaos is the sole responsibility of failed Governor, J.B. Pritzker,” Bull Valley businessman Gary Rabine said in a statement. “Illinois kids are paying for J.B.’s failed leadership.”

Aurora Mayor Richard Irvin and running mate state Rep. Avery Bourne, tweeted, “It’s long past time for Governor Pritzker to stop ruling this state under the guise of emergency executive authority. We need to end these mandates and restore the rights of parents and local communities.”

Petersburg venture capitalist Jesse Sullivan tweeted, “Despite countless other governors — including many democrats — following logic and science, Pritzker refuses to give up control of your kids or your community schools.”

State Sen. Darren Bailey of downstate Xenia tweeted, “As your next Governor, I will repeal all of Pritzker’s mandates. You should make these decisions, not government.”

* Letter from House Republican Leader Jim Durkin…

February 8, 2022
Governor J.B. Pritzker
Office of the Governor
207 State House
Springfield, IL 62706

Governor Pritzker,

Two years ago, when this pandemic started, we all knew, including myself, that swift action was needed. As the months and years went on, you made the decision to continually go it alone. Your play was backed by the Democrat leaders in the General Assembly, who happily gave you free rein to impose restrictions and mandates across the state.

I disagreed with this approach and have often urged you to work collaboratively with the General Assembly, to no avail. You refused to listen to anyone who disagreed with your decisions. Parents, legislators, business owners and people across the state deserved a voice. You personally denied my request to have your Director of Public Health appear before my caucus to answer our questions about the science on which these decisions were based.

Now we are entering year three of this top-down strategy, and we see the chaos that it has caused. Today I am dealing with irate parents scrambling for childcare to make it to work, students being separated in school buildings, and no answers from your administration. Your lack of a plan has forced people to give up hope that they can ever have a normal life in Illinois.

Just this week, California Governor Gavin Newsome announced that his state would lift its indoor mask mandate. New Jersey Governor Phil Murphy, Delaware Governor John Carney, and Connecticut Governor Ned Lamont have also announced some rollback of indoor masking requirements.

Governor, it has been a long two years, and the people of this state deserve to know what you are doing. Will you follow the lead of your democratic colleagues across the nation, or will you continue to force your will on the people of Illinois, depriving them of any optimism for their future and the future of this state?

Sincerely,
Jim Durkin

*** UPDATE *** IEA…

The following is attributable to Illinois Education Association Vice President Al Llorens regarding the ruling by Sangamon County Judge Raylene Grischow on the temporary restraining order (TRO) that would prohibit enforcement of face masks, vaccination, and Covid testing mandates:

“Our students thrive on consistency and the last two years have been anything, but consistent. We do not want another disruption to our students’ learning while we are still working to bridge the learning gap created by the pandemic. That’s why we believe our school districts should not make any rash decisions changing COVID safety requirements until after this process plays out in our court system. Our educators should be focused on their students - not worrying about health and safety. We’ve been able to keep our schools open with these safety measures in place. We know that in person learning is the best way for our students to learn and we should be doing everything we can to continue to meet in person. While we wait for the appellate court’s decision, we think it’s important to focus on working with parents to provide our students the best education possible. The only way we got through the last two years was by working together, and we need to continue to do so. Our students deserve a team of parents, community members, educators and other stakeholders behind them.”

posted by Rich Miller
Tuesday, Feb 8, 22 @ 2:50 pm

Comments

  1. Seems like there’s a good chance it’s overturned or at the very least the latest order gets put on hold. The big question I have is how long is an appeal going to take? This is a medical issue, shouldn’t something be decided like, today?

    Comment by The Velvet Frog Tuesday, Feb 8, 22 @ 2:54 pm

  2. ===how long is an appeal going to take?===

    We should know more about the TRO in a week or so.

    Comment by Rich Miller Tuesday, Feb 8, 22 @ 2:57 pm

  3. So, how soon will the appellate court rule on Raylene’s foolishness?

    Comment by PublicServant Tuesday, Feb 8, 22 @ 2:57 pm

  4. That same court just unanimously reversed the TRO in the Madison County subcircuit case so they aren’t shy to correct foolish decisions.

    Comment by Big Dipper Tuesday, Feb 8, 22 @ 2:59 pm

  5. Never heard of a trickling throng before

    Comment by Socially DIstant watcher Tuesday, Feb 8, 22 @ 3:00 pm

  6. == Will you follow the lead of your democratic colleagues across the nation, or will you continue to force your will on the people of Illinois, depriving them of any optimism for their future and the future of this state? ==

    Hey, Leader Durkin, rhetoric like this is what enflamed the base and led to death threats. You know this and included this language regardless. You are now part of the problem, not the solution.

    Comment by just the facts Tuesday, Feb 8, 22 @ 3:02 pm

  7. It is interesting that so many people are concerned about their rights to be free to get sick but not concerned about transmitting illness to others. I assume these folks object to seat belts and children’s car seats. Great teachers who care so little about their students that they will be willing to chance making them ill. Makes you wonder why they are allowed to teach.

    Comment by howdy Tuesday, Feb 8, 22 @ 3:05 pm

  8. === You personally denied my request to have your Director of Public Health appear before my caucus to answer our questions about the science on which these decisions were based. ===

    The looney tunes caucus didn’t want to learn the science. They wanted to harass, intimidate and lie to the public about what she would say. Smart move by the Gov.

    Comment by Norseman Tuesday, Feb 8, 22 @ 3:06 pm

  9. ===democratic colleagues===

    If you want to put political labels on things, you are then signaling dangerous elements to continue to politicize the pandemic.

    This is terribly irresponsible. It’s reckless to the discussion.

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 3:07 pm

  10. A district, local to me, has gone mask optional “regardless of the upcoming appeals process”. Will be interesting to see what happens then, if it is appealed.

    Comment by Peanut Gallery Tuesday, Feb 8, 22 @ 3:07 pm

  11. Atty Gen has a very persuasive argument that irreparable damage is being done to many students and their families. I find it hard to believe that at 3:00 Tuesday afternoon the appellate court hasn’t issued a stay order yet.

    Comment by DEE Tuesday, Feb 8, 22 @ 3:08 pm

  12. =Hey, Leader Durkin, rhetoric like this is what enflamed the base and led to death threats. You know this and included this language regardless. You are now part of the problem, not the solution.==

    What did Leader Durkin say that was rhetoric? All seems pretty fact based to me. People are growing more and more frustrated by the mandates daily and are tired of the goalposts being moved.

    Comment by Magic Dragon Tuesday, Feb 8, 22 @ 3:08 pm

  13. Maybe the legislature should do what Virginia did and pass a law requiring schools to follow CDC guidance.

    https://wjla.com/news/local/bipartisan-law-sb-1303-sparks-debate-as-new-va-governor-lift-school-covid-19-mask-order

    Comment by Google Is Your Friend Tuesday, Feb 8, 22 @ 3:11 pm

  14. ===Maybe the legislature should===

    The unintended consequences of the legislature not wanting to own any of the mandates, it fell on the governor owning it all.

    You’re asking in an election year, with new maps for… courage?

    Maybe… dunno.

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 3:13 pm

  15. ===Never heard of a trickling throng before===

    Might want to have a doctor look at that.

    To the post: It amazes me how short our memories are. Just 3-4 weeks ago, schools could not open because of staff illnesses.

    Comment by thechampaignlife Tuesday, Feb 8, 22 @ 3:13 pm

  16. Hey Jim - “Democrat leaders”/ “democratic colleagues”? Why can’t you stay consistent when you want to play silly Republican grammatical games with the name of the Democratic Party? (Had a hard time getting my tablet to go along with the small “d”. Guess it must have nonpartisan spell check.)

    Comment by West Side the Best Side Tuesday, Feb 8, 22 @ 3:15 pm

  17. By citing the actions of other Democratic governors in other states, many of these Republicans are tacitly acknowledging that Gov. Pritzker was not outside accepted practice and not outside his authority. Also, they sound like whiny children, “But daaaadddd…Johnny’s parents let him go out and play.”

    Our Governor is following the direction of health professionals based on the current conditions in or state. It would be helpful to all of us if he laid out the metrics and benchmarks they are watching, but pointing to another state with a different set of conditions does not impress me.

    Comment by Pot calling kettle Tuesday, Feb 8, 22 @ 3:17 pm

  18. ===if it is appealed===

    Notice was filed Friday.

    Comment by Rich Miller Tuesday, Feb 8, 22 @ 3:17 pm

  19. ===What did Leader Durkin say that was rhetoric? All seems pretty fact based to me. People are growing more and more frustrated by the mandates daily===

    By inserting a political label to process and a want to isolate by political affiliation, it’s both reckless and irresponsible… and not at all helpful.

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 3:19 pm

  20. My local high school (deep Southern Illinois) initially said they would keep the mandate in place on Sunday, and then yesterday afternoon reversed the decision and made masks optional beginning today.

    It’s not great.

    Comment by TheAardvark Tuesday, Feb 8, 22 @ 3:21 pm

  21. “ People are growing more and more frustrated by the mandates daily and are tired of the goalposts being moved.”

    I’m getting tired of people demanding a right to give my family a deadly contagious virus who continue to willfully ignore basic facts about how any of this works and why. I will never forget how selfish and ignorant you people have been throughout all this

    Comment by SWIL_Voter Tuesday, Feb 8, 22 @ 3:22 pm

  22. == Your play was backed by the Democrat leaders in the General Assembly== - Durkin

    Sorry, Jim. As soon as someone uses the grammatically incorrect “Democrat leaders” or “Democrat Party” we stop paying attention.

    Its “Democratic leaders” and “Democratic party”. When you are ready to get serious again, please let us know.

    Comment by low level Tuesday, Feb 8, 22 @ 3:32 pm

  23. I am shocked the GOP hasn’t bothered to dig up the old “Because Madigan” line and blame him for not convening the General Assembly during the pandemic.

    Comment by ponderings Tuesday, Feb 8, 22 @ 3:34 pm

  24. Honest question - do people think schools going maskless is going to cause the virus to spike here? I don’t understand that as there are plenty of maskless schools across the country and world that are not having problems - including many with lower rates of covid than Illinois.

    Comment by gxceb0t Tuesday, Feb 8, 22 @ 3:38 pm

  25. Pretty remarkable when you stop and realize that we’re talking about wearing a small piece of cloth which doesn’t seem to bother kids much. My kid made it through an entire year (private school) last year doing so. Never complained once. And I was grateful that he was in school and not e-learning. The trauma that mask wearing was supposed to bring never appeared.

    The adults have really failed here.

    Comment by Pundent Tuesday, Feb 8, 22 @ 3:38 pm

  26. When/if DeVore loses in state court, he will try a due process case in federal court under Section 1 of the 14th Amendment. He will have at least 3 votes at the Supreme Court .

    Comment by Steve Tuesday, Feb 8, 22 @ 3:39 pm

  27. Looks like a couple hours ago Pritzker said he’d be announcing something about masking in schools “shortly” whatever that means.

    Comment by The Velvet Frog Tuesday, Feb 8, 22 @ 3:40 pm

  28. == Atty Gen has a very persuasive argument that irreparable damage is being done to many students and their families. ==

    That argument addresses the medical issues. It doesn’t address the legal issues the judge cited.

    == I find it hard to believe that at 3:00 Tuesday afternoon the appellate court hasn’t issued a stay order yet. ==

    The issue is not about whether it is a medically wise decision. The legal question is did the Governor and /or the agencies exceed their defined statutory authority? Alternatively, did the Governor and / or the agencies bypass the existing and defined rule making process required to make their orders legal?

    It is possible for the medical answer and the legal answer to be in conflict.

    Comment by RNUG Tuesday, Feb 8, 22 @ 3:41 pm

  29. ===Honest question===

    It’s not an honest question, as you seek a want to appease your thought.

    Masks work, vaccines work, a chance to get to a 70% vaccination rate, and with that a chance to keep hospitalizations down.

    This idea of mere “freedom” or whatever feeling of angst drives things… ignoring reasonable accommodations… for others… yeah, not great.

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 3:42 pm

  30. == I don’t understand that as there are plenty of maskless schools across the country and world that are not having problems ==

    There are schools that dropped masked mandates and saw spikes afterwards. Just because you’re unaware of something doesn’t mean it is not happening.

    https://abcnews.go.com/Health/doctors-warn-ending-school-mask-mandates-lead-rise/story?id=82722570

    Comment by The Velvet Frog Tuesday, Feb 8, 22 @ 3:45 pm

  31. =and they probably think that’s the best policy for their district anyway.=

    He definitely cannot read minds.

    =Notice was filed Friday.=

    the motion filed Friday was denied according to the IASB, but the motion filed Monday morning is being considered. IRRC the court said MOnday’s filings nullified Friday’s.

    It is worth noting that Devore has never prevailed above the county level.

    Comment by JS Mill Tuesday, Feb 8, 22 @ 3:49 pm

  32. == - Steve - Tuesday, Feb 8, 22 @ 3:39 pm:

    When/if DeVore loses in state court, he will try a due process case in federal court under Section 1 of the 14th Amendment. He will have at least 3 votes at the Supreme Court ==

    Insert “That’s not how it works. That’s not how any of this works” commercial here.

    With all due respect, Steve, sit down and let the lawyers do the lawyering.

    Comment by ponderings Tuesday, Feb 8, 22 @ 3:49 pm

  33. RNUG @ 3:41
    The persuasive argument is made to obtain a stay order to keep the status quo and stop the chaos until the legal issues are resolved in the appellate court

    Comment by DEE Tuesday, Feb 8, 22 @ 3:57 pm

  34. -With all due respect, Steve, sit down and let the lawyers do the lawyering-

    When you take one dollar from the U.S. Department of Education: you got standing under the 1964 Civil Rights Act and Section 1 of the 14th Amendment. I’m not saying it’s right. I’m just saying what is.

    Comment by Steve Tuesday, Feb 8, 22 @ 3:58 pm

  35. “This chaos is the sole responsibility of failed Governor, J.B. Pritzker,”

    I stop listening when this type of nonsense exits someone’s mouth. Talking only to your base. Wishing isn’t making it so.

    Comment by Jibba Tuesday, Feb 8, 22 @ 4:01 pm

  36. ===You personally denied my request to have your Director of Public Health appear before my caucus ===

    If it common for an agency director to meet privately with any legislative caucus? To what end would this meeting even have? Which members of the house GOP caucus are appropriately credentialed public health experts? They’ve got what, one optometrist? Am I missing anyone? Don’t the taxpayers of Illinois pay for legislative liaisons that individual legislators could reach out to with questions or ideas?

    ===or will you continue to force your will on the people of Illinois, depriving them of any optimism for their future and the future of this state?===

    Look at this rhetoric that Minority Leader Durkin is using. Just look at it. This guy does nothing but talk about the doom and gloom he predicts as a result of the duly elected super majorities in the house and senate and dares to suggest that Pritzker is against optimism?

    We should not be looking to Minority Leader Durkin to try to promote civility and appropriate behavior of his caucus, he has obviously decided to go along with the trend and to fully embrace his complicity.

    What a waste of an opportunity. What a travesty that the Adam Kinzinger now represents the best among Illinois Republicans.

    Comment by Candy Dogood Tuesday, Feb 8, 22 @ 4:01 pm

  37. =and stop the chaos=

    Too late. It will only continue as the anti-life caucus has been fed red meat.

    = It doesn’t address the legal issues the judge cited.=

    Real questions remain as to whether or not the judge applied due process correctly. For schools, two types exist.

    We properly exclude students every day, for many reasons including health related, without going to court.

    Comment by JS Mill Tuesday, Feb 8, 22 @ 4:07 pm

  38. “It is possible for the medical answer and the legal answer to be in conflict.”

    Yes it is. That is why there should be a TRO to maintain mask wearing and testing while the legality of the EO is litigated.

    Comment by Ducky LaMoore Tuesday, Feb 8, 22 @ 4:12 pm

  39. During a Facebook live DeVore explained the appeal process to his followers. He assured them it won’t get overturned. If you listen to DeVore real close he says even if that happens. His advice is for those districts to stay mask optional and for the parents to stand up to the Governor. He will lead the charge to not turn back. So he has them right where he wants them. So it really doesn’t matter. The anti-vax lunatics are much louder than the mask crowd. He says that right now Governor Pritzker (not what he calls him) is powerless and should just give up. That’s when the praise fest starts.

    Comment by Club J Tuesday, Feb 8, 22 @ 4:13 pm

  40. == I’m not saying it’s right. I’m just saying what is.==

    And I’m saying when you’re in a hole, you should stop digging.

    Comment by Not a Superstar Tuesday, Feb 8, 22 @ 4:13 pm

  41. It’s the Dems and the liberals who are on the wrong side. Kids don’t transmit the variants like adults. Teachers are vaccinated, so why are they scared. The science does not support the masking of kids. Death rates are virtually nonexistent for kids. Even CNN is coming around. Stop living scared and start

    Comment by Snowbird Tuesday, Feb 8, 22 @ 4:22 pm

  42. @Snowbird

    This ruling was about more than just masks. It’s also about excluding kids who’ve been in contact with COVID positive cases and mandated testing.

    Have arguments about masks. Fine. I think you’re wrong but whatever. What I cannot understand nor have I heard any sane argument about is being against testing. There is absolutely no reason to be against testing. You want to get rid of masks? Then you need testing in schools.

    Comment by Demoralized Tuesday, Feb 8, 22 @ 4:26 pm

  43. ==Stop living scared and start==

    Alas, Snowbird died of the novel coronavirus before they were able to complete this insightful post based in fact.

    Comment by Roadrager Tuesday, Feb 8, 22 @ 4:27 pm

  44. ===Alas, Snowbird died of the novel coronavirus before they were able to complete this insightful post based in fact.===

    This made me laugh out loud. This is exceptionally done.

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 4:28 pm

  45. ===virtually nonexistent===

    Narrator: they exist.

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 4:29 pm

  46. A lot of my family lives in the Omaha area and mask policies have varied a lot by district there .Gxceb0t asked if we believed that cases were going to spike because of this. In the Omaha area what the Sarpy and Douglas county health departments found was that there were indeed more cases in the schools and higher spread of cases in schools that were not requiring masks for all in the schools.

    Comment by DTown Resident Tuesday, Feb 8, 22 @ 4:31 pm

  47. Snowbird and the rest of the “fear” caucus on here, why is it always the first thing you guys jump to when folks point out that this type of rhetoric is dangerous? Most Dem voters aren’t those that are susceptible to this virus. Most Dem voters are the ones that are getting vaccinated and trying to take precautions to protect your fellow base members.

    It’s not fear, it’s basic human compassion. What most of us fear is the continued lack of critical thinking and logic from folks that continue to tilt at windmills.

    Comment by Fixer Tuesday, Feb 8, 22 @ 4:34 pm

  48. I “fear” the closure of schools over a resurgence of virus they failed to prevent, because I’ve already lived through it multiple times. It sucked. It was way worse than just sending the kids in with masks. As with everything you guys argue, your position is self defeating and contradictory

    Comment by SWIL_Voter Tuesday, Feb 8, 22 @ 4:41 pm

  49. Preface: I have never voted for a Republican in my life…

    but at this point, if I was in High School I’d be asking why I’m vaccinated and forced to wear a mask in school but the big names in the Democratic Party get to gather maskless inside a hall for a gala.

    If Dems aren’t going to be serious about enforcing mask mandates among themselves then stop the theatre

    Comment by hmmm Tuesday, Feb 8, 22 @ 5:00 pm

  50. ===if I was in High School===

    The primary is in June, Pritzker won’t see much of a struggle there… the general election, in *November*… odds are most will have graduated, by November.

    So… what are we talking about?

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 5:02 pm

  51. RUNG has it correct I think and medically and legally there can be conflicts. In my own mind unless the mask is an N95 or equivalent the cloth cheapy mask are near zero real protect. The kids go through them in a day sweating, runny noses, and the rest much easier an a better mask. If I was a parent and worried or a kid I would wear an N95 regardless.

    Comment by clec dcn Tuesday, Feb 8, 22 @ 5:08 pm

  52. What a sad, declining existence Jim Durkin leads.

    After decades in the General Assembly he’s been reduced to sending along poorly crafted letters whining to a governor just to appease his increasingly wingnut caucus so that he can keep his minority leader stipend.

    What a way to cap a career.

    Comment by Nefarious Veneer Tuesday, Feb 8, 22 @ 5:28 pm

  53. == big names in the Democratic Party get to gather maskless inside a hall for a gala.== hmmm

    Hmmm, did you recognize that it was an Equality Illinois event, not a Democratic party gathering?

    Comment by low level Tuesday, Feb 8, 22 @ 5:28 pm

  54. == The science does not support the masking of kids. Death rates are virtually nonexistent for kids. ==

    Please link us to that “science”.

    Comment by low level Tuesday, Feb 8, 22 @ 5:29 pm

  55. I really can’t stand DeVore I’ve had the misfortune to have been on a conference call with him. Such a too, guy makes ambulance chasers look principled.

    There is no good end to this. I firmly believe roughly 20% of people will lose their mind if masks aren’t required of all kids and about 20% will lose their mind if any kid wears a mask at all. The 60% not in either camp just wants to keep their kids in school. No matter what a district does some portion will be screaming bloody murder. (I know the 20% portions fluctuate but I’d bet money the ones who aren’t incensed is about right)

    Comment by Mason born Tuesday, Feb 8, 22 @ 5:41 pm

  56. ==The science does not support the masking of kids.==

    Funny how the same folks who have been denying science for two years are now trying to invoke it (albeit incorrectly).

    Comment by Big Dipper Tuesday, Feb 8, 22 @ 5:54 pm

  57. Again I say — I find it very ironic how so many of you wanted DeVore’s cases moved to Sangamon County and cheered Judge Grischow when she ruled against him but now want her removed from the bench when it didn’t go your way.

    It’s precedent that stands until changed by a higher court.

    Comment by Deputy Sheriff Tuesday, Feb 8, 22 @ 6:06 pm

  58. ===now want her removed from the bench when it didn’t go your way.===

    Who exacting said that?

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 6:09 pm

  59. @oswego

    I read it in yesterday’s comments — several commenters trashed Judge Grischow

    Comment by Deputy Sheriff Tuesday, Feb 8, 22 @ 6:13 pm

  60. ===several commenters trashed===

    But they didn’t say to remove her from the bench… did they…

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 6:15 pm

  61. @Oswego

    And I quote @candy dogood

    ==This ruling and the basis for this ruling should disqualify Judge Grischow from continuing to serve on the bench. It is clear that she is incapable of interpreting law when she deems wearing a face mask mandate, a testing mandate, or a vaccine mandate to be the equivalent of a quarantine.==

    Comment by Deputy Sheriff Tuesday, Feb 8, 22 @ 6:20 pm

  62. - Deputy Sheriff -

    So… ONE.

    Is that right? One?

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 6:22 pm

  63. No matter how much proof I present you will make excuses and ask for more. You’re on here all the time — you read the same comments I did.

    Comment by @Oswego Tuesday, Feb 8, 22 @ 6:30 pm

  64. === No matter how much proof…===

    Narrator: It was one.

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 6:32 pm

  65. =Pretty remarkable when you stop and realize that we’re talking about wearing a small piece of cloth which doesn’t seem to bother kids much. My kid made it through an entire year (private school) last year doing so. Never complained once. And I was grateful that he was in school and not e-learning. The trauma that mask wearing was supposed to bring never appeared.

    The adults have really failed here.=

    100% spot on. Any issues were 100% a result of parenting.

    When kids go to school most go through the day doing what they need to do. But the kids of the hardcore anti-lifers stand out.

    =It’s precedent that stands until changed by a higher court.=

    Umm, it stands in Sangamon County and for the named defendants and that is it.

    As an officer of the law I would hope you knew that, so maybe catch some desk work for a while until you get caught up on the law.

    Comment by JS Mill Tuesday, Feb 8, 22 @ 6:35 pm

  66. ==Teachers are vaccinated, so why are they scared.==

    20% of the teachers in my district are anti-vaxers. They’re not scared, they just get sick, very sick. A number of them just took two to three weeks off after winter break to recover. The vaxed ones and subs like me covered for them, and Monday they were rejoicing to see the kids faces again. (Sigh) Oh, and the unvaxed bus drivers? One hour and more delays today.

    Comment by Stix Hix Tuesday, Feb 8, 22 @ 6:47 pm

  67. ===but now want her removed from the bench when it didn’t go your way.===

    I’m not sure I am representative of a majority or meaningful number of Capitol Fax commenters, but since I have been specifically named I feel like I should again point out that her ruling specifically requires redefining the term “quarantine” to mean something that it has never meant over many hundreds of years of history and that this unique interpretation of the term quarantine was not a final legal opinion in the case or on the merits of the case, was in regards to a temporary restraining order as the case continues. The temporary restraining order which the judge believes impacts mask mandates across the entire state, mask mandates which have been in place for many months at this point during our long pandemic.

    The ruling was all together inappropriate, poorly reasoned, and then clouded by her own statements raising the issue to the equivalency of being “evil.”

    If you want me to get hyperbolic, we’re living in a state where the right wing is already encouraging antisemitism towards Governor Pritzker and now a judge is accusing him of committing acts of evil against kids.

    But I wasn’t being hyperbolic. Look up quarantine in the dictionary. Literally any dictionary or encyclopedia written in the last 5 centuries.

    Comment by Candy Dogood Tuesday, Feb 8, 22 @ 6:51 pm

  68. @Oswego — you asked (more/less asserted it didn’t happen) if someone said remove her from the bench. I provide proof and you then deflect again. You know as well as I do the majority of the commenters trashed her and want her removed but their narrative was so much different when she ruled the way they wanted in the past. You’re deflecting and not acknowledging the facts.

    @Rich Miller — why do my comments regarding disaster proclamations never post?

    Comment by Deputy Sheriff Tuesday, Feb 8, 22 @ 6:56 pm

  69. ===I provide proof===

    You said several. It was one.

    K? It was one.

    ===You know as well as I do the majority of the commenters trashed her===

    Speak for yourself, you dug your own hyperbolic hole, LOL

    === I find it very ironic how so many of you wanted DeVore’s cases moved to Sangamon County and cheered Judge Grischow when she ruled against him but now want her removed from the bench===

    It was one, friend. One

    You’re only a victim in your own head. I can’t help what you write.

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 6:59 pm

  70. @Oswego

    I said several trashed her, I did not say several called for removal — go back and read. You insinuated that no one said that so I found an example and showed you. Spin it however you want, my comment stands on the merits. Everyone on here praised her until it didn’t go their way then ran her in the mud. That’s a fact - plain and simple. I’m not sure what alternate reality you live in.

    Comment by Deputy Sheriff Tuesday, Feb 8, 22 @ 7:15 pm

  71. - Deputy Sheriff -

    === I find it very ironic how so many of you wanted DeVore’s cases moved to Sangamon County and cheered Judge Grischow when she ruled against him but now want her removed from the bench===

    If you don’t know how to read, especially what you yourself wrote, maybe this is all too advanced for you. It was one.

    Good luck.

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 7:21 pm

  72. ==why do my comments regarding disaster proclamations never post?== Deputy Sheriff

    Maybe because Rich didn’t like them? Its his page. The recourse is not to visit the page for a while. Really very simple.

    Comment by low level Tuesday, Feb 8, 22 @ 8:02 pm

  73. == So… what are we talking about?==

    Hypocrisy from our elected officials who are telling us to wear masks while not wearing masks.

    You love to make everything about the upcoming election which, cool, that’s your thing. You’re so very smart, we all admit that.

    But sometimes blatant hypocrisy is blatant hypocrisy. And if you think that stuff doesn’t have an electoral impact this cycle, surely you can see the impact it’s gonna have downstream.

    At the end of the day: End the mask mandates for kids in schools if adults in charge can’t follow mask mandates when they’re at a cool fancy party with their pals.

    Comment by hmmmm Tuesday, Feb 8, 22 @ 8:12 pm

  74. ==did you recognize that it was an Equality Illinois event, not a Democratic party gathering?==

    Lol, okay. Sure. My point still stands. IL Dems were heavily represented at that event and basically none of them bothered to wear masks.

    But, hey, the gala did look fun can’t knock ‘em there.

    Just bothers me that they’re so hypocritical they’re willing to continue to enforce mask mandates on kids when they, grown adults, can’t follow it because they’re at a fun party and don’t wanna wear a mask anymore.

    Either commit to the mask thing or don’t. I’m done with the hypocrisy.

    Comment by hmmmm Tuesday, Feb 8, 22 @ 8:16 pm

  75. === You love to make everything about the upcoming election which, cool, that’s your thing.===

    No, it was actually your thing.

    ===Preface: I have never voted for a Republican in my life…

    but at this point, if I was in High School I’d be asking why…===

    You prefaced it with a political thought to it.

    That’s all.

    You’re generous to your thoughts to me, I ain’t no smarter than anyone else.

    Hypocrisy to this all in partisan lenses makes it boil down to political ramifications.

    Hypocrisy, in of itself, unless it’s ballot driven, is the measuring stick to governing, otherwise “Animal Farm” would never resonate.

    Be well. My best.

    Comment by Oswego Willy Tuesday, Feb 8, 22 @ 8:18 pm

  76. I don’t understand how the schools are bound in what they can do? The judge says that IDPH is overstepping its bounds, that it needs to follow all the procedures before it can “quarantine” people (and don’t we all feel silly calling masking or testing “quarantine”). Why can’t the schools enforce their own rules? Why are they bound by what IDPH’s regulations are?

    Comment by Perrid Tuesday, Feb 8, 22 @ 8:48 pm

  77. Can you imagine the online reaction if the judge would have upheld wearing masks in schools..making this decision probably saved her and her family a lot of misery.

    Comment by BTO2 Tuesday, Feb 8, 22 @ 8:57 pm

  78. TB camps again? Kent Gray, is that you?

    Comment by The Velvet Frog Tuesday, Feb 8, 22 @ 9:46 pm

  79. Since several people asked re timing - Illinois rules to appeal a TRO require (1) losing party to appeal within 2 days (with brief, if any is filed) (2) prevailing party has 2 more days to file a response brief, (3) panel has 5 days to issue a ruling. If notice of appeal was filed Monday (as it appears in circuit court docket), Plaintiffs brief is due Wednesday. I would expect court to rule by Friday rather than wait until next week.

    Comment by Original Anon Tuesday, Feb 8, 22 @ 11:34 pm

  80. Newest studies on mask effectiveness

    https://www.cdc.gov/mmwr/volumes/71/wr/mm7106e1.htm

    Comment by Logic Tuesday, Feb 8, 22 @ 11:35 pm

  81. Given the state of the country and how most states and even feds are cutting back restrictions I believe this is a political error or democrats and will backfire.

    The parents I’m speaking to just want life back to normal for their kids. They don’t want any of this to go on longer than it needs to.

    I could be in an echo chamber but so could you as well.

    Comment by The Dude Wednesday, Feb 9, 22 @ 4:59 am

  82. Regardless of political affiliation every citizen should be worried about the consolidation of power to the Governor under this pandemic. It’s been two years. Plenty of time to craft and pass legislation to help give clarity and allow the citizens to have a voice. Pritzker owns this because he enjoyed the power and issuing executive order after executive order. We elect representatives to help all parts of Illinois have a voice.

    Comment by TheDude Wednesday, Feb 9, 22 @ 12:18 pm

  83. ===Plenty of time to craft and pass legislation to help give clarity and allow the citizens to have a voice. Pritzker owns this because…===

    … the legislature itself failed to act and pass legislation.

    Ignoring that the legislature wanted the governor to own it is YOU …

    1) ===… every citizen should be worried about the consolidation of power to the Governor under this pandemic.

    2) ===… he enjoyed the power and issuing executive order after executive order.===

    … not grasping that neither of those are true.

    Comment by Oswego Willy Wednesday, Feb 9, 22 @ 12:21 pm

  84. Sorry you can’t grasp simple concepts.

    Comment by OswegoBilly Wednesday, Feb 9, 22 @ 1:32 pm

  85. Dear, “ - OswegoBilly -“

    The adults are talking.

    Thanks.

    Comment by Oswego Willy Wednesday, Feb 9, 22 @ 1:43 pm

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