Judge denies class certification in mask, vaccine mandate cases

[February 05, 2022]  By Greg Bishop

(The Center Square) – A Sangamon County circuit court judge on Friday denied class certification in challenges over vaccine or testing mandates for teachers and mask mandates and exclusion policies for students.

The mandates have been imposed by Gov. J.B. Pritzker since last fall. School districts across the state have been implementing the orders.

After days of oral arguments in separate challenges last month, Sangamon County Circuit Court Judge Raylene Grischow denied requests for class certification Friday.

Class certification is sought in a case where plaintiffs want their cause of action to be accessed by others in similar situations.

"Counsel has demonstrated to the Court that the class is so numerous that joinder is impracticable in that the proposed class would include 711 parents and legal guardians whose almost 900,000 children attend school within the 145 school districts," Grischow wrote in the case parents brought against mask and exclusion mandates. "The Motion to Certify the Class is premature and is denied."
 

Arguments in that case were heard over several days last month.

In the case of dozens of school staff suing 22 school districts, the governor and state education officials challenging vaccine or testing mandates in public schools, the judge denied certifying the class.

“The Court is aware of educators on both sides of this issue,” Grischow wrote in a separate order. “It appears the named Plaintiffs can maintain a cause of action but there is the possibility of relief that could be potentially antagonistic to non-represented class members. It is not appropriate for this Court to speculate that a class action is the most appropriate method and that joinder may prove to be more time consuming and expensive."

Gov. J.B. Pritzker Friday asked when will mask mandates be lifted  

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The vaccine or testing challenge was heard over two days last month with plaintiffs seeking a temporary restraining order blocking the mandate.

“This Court cannot find Plaintiffs' claims can be efficiently or fairly adjudicated as a class action,” Grischow wrote. “Given the procedural posture of this case, class certification is premature and the motion to certify the class is denied without prejudice.”

The judge left the door open for further filings on class certification in both cases.

“Plaintiffs are given leave to refile the motion in the future should they desire to undertake this once more evidence has been discovered,” she wrote.

A ruling on the temporary restraining order motions in the separate cases were not issued at the time of publication.

Gov. J.B. Pritzker was asked when he'd lift the mask mandate Friday.

"I believe that we should remove masks as soon as we possibly can," Pritzker said. "I'm constantly listening to the doctors and scientists and encouraging them, 'when can we do this, what's the right time, what's the right way to do it.' And so, very hopeful we can make an announcement about that."

Separately, the Illinois State Board of Education said last month after the close of public comments on a proposed rule that staff will make a recommendation on vaccine and testing mandates for school staff that would then be brought before the Joint Committee on Administrative Rules.