Mask Mandate Lawsuit: Parents Sue 145 Districts, Pritzker, IDPH

CARLINVILLE, IL —Greenville, Illinois-based attorney Tom DeVore on Wednesday filed a class action lawsuit against 145 school districts in the state, also naming Gov. J.B. Pritzker, the Illinois State Board of Education (ISBE) and the Illinois Department of Public Health (IDPH). The suit questions mask mandates and the legality of schools excluding students who have had close contact with people with COVID-19 from in-person classes.

The 11-count, 359-page suit was filed on behalf of several Illinois parents with the Seventh Judicial Circuit Court in Macoupin County.

In the suit, the parents are asking the court for an injunction against mask mandates and forced quarantines, while questioning the ISBE and IDPH's authority for providing guidance on the mandates and exclusion policies.

"We're going to bring this case, one unified case, on behalf of numerous parents, teachers, etc., across the state. And we're going to get to the bottom of this," DeVore said in a Facebook video earlier this month, according to the Clinton Herald.

Pritzker issued an executive order in August, requiring masks in Illinois for teachers, students, staff and visitors, regardless of vaccination status. The governor said the mandate would protect unvaccinated children and adults, as well as the elderly and others with reduced immune systems who are more likely to develop breakthrough infections of COVID-19 even after they get vaccinations.

Related: Vaccine Required For Teachers, Health Care Workers In Illinois

At that point, DeVore began filing lawsuits against several school districts — 14 of 15 in all — for their exclusion and mask policies, the Clinton Herald reported.

One case went to the appellate court, which had no opinion on the merit of the case, DeVore said. Instead, according to DeVore, the court said additional parties needed to be added to the suit.

DeVore also began consolidating all the district cases into one larger case against the state, while continuing to add more districts.

According to the State Journal-Register, a hearing in the class-action lawsuit is scheduled in the Seventh Circuit Court in Carlinville on Nov. 5.