Schools Scramble After Downstate Judge Halts Pritzker's Mask Mandate
CHICAGO (CBS) -- In a major blow to Gov. JB Pritzker's COVID-19 plan for schools in Illinois, a downstate judge has declared the governor's mask mandate illegal and issued a temporary restraining order.
The lawsuit was filed by more than 700 parents in 144 school districts statewide, who argue there was no due process in Illinois' statewide mask order.
A local expert tells CBS 2's Shardaa Gray since Chicago Public Schools was not one of the parties filing the lawsuit, the temporary restraining order does not apply to them. CPS says students must attend school on Monday with masks on.
Mark Weaver of Bloomington said this is a win for hundreds of families whose arguments were heard in the Springfield court in January.
"Even if we don't have a choice, but our elected school officials have a choice, that those school officials are able to look at their local metric," Weaver said.
CPS responded to Sangamon County District Court Judge Raylene Grischow's decision by saying, "The court's current ruling does not prohibit CPS from exercising its authority to continue its COVID-19 mitigation policies and procedures, including universal masking by students and staff and vaccination and testing requirements for staff members.
The Chicago Teacher's Union said, "We should not have to fight every inch for basic protection, but such are the times in which we live, where the few can trump the safety of the many."
The Illinois Education Association also issued a statement, saying "This decision has the potential to shut our schools down, effectively closing our school buildings and perhaps being potent enough to stop in person learning altogether."
"It could potentially shut schools down if the school administrators think that based upon his ruling, the kids are at risk and the teachers are at risk. And that could easily mean, 'Hey listen, we're going back to remote,'" said CBS 2 Legal Analyst Irv Miller.
Pritzker's office said the state Attorney General is seeking an expedited appeal from the Fourth District Illinois Appellate Court.
"I think the attorney general's going to file an expedited appeal in the Fourth District Appellate Court to try to get this overturned, and I also think there's going to be emergency school district meetings in the next day or two," said Miller.
Weaver's school district, which is Bloomington, is telling parents to standby as it is still reviewing the judge's decision and what it means for masks in school on Monday.
"It seems like their foundation for making that decision, in a sense with this judge's order, has erroded," said Weaver.
Miller said this case was filed weeks ago and that decision came out yesterday, leaving school districts and parents to scramble.