South Central Reporter

An Effingham County judge on Wednesday issued a temporary restraining order against the Illinois State Board of Education (ISBE) regarding its mask mandates.

In a case brought by attorney Thomas DeVore on behalf of the Red Hill, Woden-Herrick and Beecher City school districts, the court also reinstated the recognition status of the latter two public schools known to buck Gov. J.B. Pritzker’s mask mandate, Center Square reported. Red Hill had already been removed from probation and restored to recognized status after complying with ISBE’s mask mandate.

“Beecher City and Cowden-Herrick’s recognition status is hereby restored to ‘fully recognized’ instanter [immediately] until such time as the Court has held a preliminary injunction hearing and ruled on the District's request for a preliminary injunction,” the judge’s order on Wednesday said. “The State Superintendent is hereby enjoined from altering the recontamination status of the Districts except as authorized during the annual compliance provisions.”

State Rep. Blaine Wilhour, whose district includes Beecher City schools, said recent court decisions on the issue are setting precedent.

“You can’t change somebody’s recondition status unless they’re in clear violation of the law,” Wilhour told Center Square. “There is no law for the mask mandate.”

While insisting that due process was a critical part of the case, DeVore based part of his argument on his contention that schools that have declared masks optional haven’t seen COVID-19 cases increase.

“While legally it doesn't have anything to do with procedures that [ISBE has] to follow, it is something the courts have to consider when they try to balance the decisions they have to make,” he said.

DeVore said he hopes the message that he senses the verdict sends is heard by school districts across the state. “And I hope school districts will take it upon themselves to do what they think they need to do without being scared,” he added.

Wilhour, whose district includes Beecher City schools, had spoken out previously against the mask mandate, saying on Facebook that Gov. J.B. Pritzker was "using our children as political pawns" through school masking and vaccination requirements. After the judge's decision, Wilhour told Center Square, “We’re setting a major precedent on how things are handled moving forward. We can’t just let these agencies run wild.”

The next hearing in scheduled for Nov. 8. In the meantime, ISBE spokesperson Jaclyn Matthews said the agencies priorities will remain the same.

“ISBE’s priority continues to be protecting the health and safety of students and educators,” she said. “... ISBE staff will reach out to each nonpublic school to schedule a conference to discuss compliance issues.”