Appeals court dismisses Pritzker's school mask order appeal as 'moot'
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[February 18, 2022]
By Greg Bishop
(The Center Square) – The temporary
restraining order blocking Gov. J.B. Pritzker’s COVID-19 mask and
exclusion policies in schools remains in place as the Fourth District
Court of Appeals dismissed the governor’s appeal as moot.
“Because the emergency rules voided by the TRO are no longer in effect,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 late
Thursday evening. “Thus, the matter is moot.”
Justices John Turner and Thomas Harris agreed to dismiss the governor’s
appeal. Justice Lisa Holder White concurred in part and dissented in
part.
The dismissal effectively means there is no statewide mask mandate for
schools, but local school districts have the authority to implement
their own policies.
In October 2021, more than 700 parents sued the governor, state
education officials and more than 145 school districts over the mask and
exclusion mandates Pritzker ordered two months prior.
The lawsuit was heard over two days in Sangamon County Circuit Court in
January. On Feb. 4, Circuit Court Judge Raylene Grischow issued a
temporary restraining order against the mandate, deeming it null and
void.
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“Statutory rights have attempted to be bypassed through the issuance of
Executive Orders and Emergency Rules,” Grischow wrote earlier this
month. “This type of evil is exactly what the law was intended to
constrain.”
Pritzker appealed. The appellate court notes the governor’s rule expired
Feb. 13, with the Illinois Department of Public Health renewing the rule
Feb. 14.
“However, on February 15, 2022, the Joint Committee on Administrative
Rules (JCAR) objected to and suspended IDPH’s renewal,” the appellate
court said. “Thus, none of the rules found by the circuit court to be
null and void are currently in effect. Accordingly, for the following
reasons, we dismiss defendant’s appeal because the expiration of the
emergency rules renders this appeal moot.”
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![](../images/021822PIX/news_a89.jpg)
Gov. J.B. Pritzker at the Old State Capitol in Springfield
Wednesday, delivering his State of the State and Budget Address
BlueRoomStream
![](http://archives.lincolndailynews.com/2022/Feb/18/images/ads/current/graue_preowned_021422.png)
The court did say local control of the issue is still in place.
“We note the language of the TRO in no way restrains school districts
from acting independently from the executive orders or the IDPH in
creating provisions addressing COVID-19," the court wrote. "Thus, it
does not appear the school districts are temporarily restrained from
acting by the court’s TRO.”
On Wednesday, Pritzker insisted there was still a statewide mandate for
masks and exclusion of suspected close contacts from schools.
“Yeah, the executive order is in effect,” Pritzker said. “We still have
a mask requirement in the state of Illinois for schools.”
The majority of the appeals court panel disagreed.
“As such, the expiration of the rules renders defendants’ arguments
moot,” the panel wrote. “Accordingly, this appeal is dismissed as moot.
Further, this decision renders the Emergency Motion to Stay Pending
Appeal also moot.”
Holder White, the dissenting appellate court justice, said she agreed
with the majority’s opinion that because JCAR declined to extend the
emergency rule, the issue is moot. She disagreed with the circuit court
enjoining the enforcement of Pritzker’s executive orders, saying that is
not moot.
“As it stands, the majority’s decision leaves open the question of
whether the circuit court properly enjoined the enforcement of the
executive orders.”
Fourth District Court of Appeals dismisses Pritzker's appeal
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