Lawsuit Against Illinois Governor and Nearly 150 School Districts Seeks to Block Mask Mandates and other COVID-19 Precautions

By Bill Pokorny, Shelli Anderson and Sally Scott - Franczek P.C.

October 22, 2021

Nearly 150 school districts, Illinois Governor J.B. Pritzker, Illinois Department of Public Health, and the Illinois State Board of Education have been sued in an attempt to abolish school district masking and quarantine requirements. The complaint was filed on October 20, 2021 in Macoupin County Circuit Court. The complaint seeks wide-ranging relief, primarily that:

•    School districts do not have the local control or authority to require students to wear masks without parental consent or a lawful order of quarantine.
•    School districts do not have the local control or authority to exclude students from school without the consent of a parent or a quarantine order from the local health department or IDPH.
•    The Governor’s Executive Orders, the emergency rules issued by IDPH, and ISBE guidance on masking and quarantine are invalid and unenforceable.

The plaintiffs, parents at the various school districts, are asking for a temporary restraining order blocking schools from continuing mask wearing and quarantine policies while the case is litigated. An initial hearing is scheduled for November 5, 2021.

We encourage all the school districts named in the suit to confer with counsel to discuss next steps. Please contact the authors of this post or your Franczek attorney if you have any questions.