Madison County Board members voted 18-10 to approve a non-binding resolution encouraging local school districts to allow parents to choose whether their children should wear masks in school for the 21-22 school year.
The Madison County Board was acting as the Madison County Board of Health for the July 21 meeting in order to address an issue that was divided by board members and the public.
Madison County State’s Attorney Tom Haine made it clear during the meeting that the non-binding resolution is a recommendation but has no legal authority.
DeVore addresses the Madison County Board of Health on July 21.
| Speak for Students
“[Non-binding resolutions] can be compelling on their own merits and can provide for a kind of moral authority, but they have no legal mandate attached to them,” he said.
Before the resolution was introduced, attorney Thomas DeVore and three parents of local students addressed the board.
The parents were divided. One parent said her autistic daughter has suffered in school since the mask mandates as she is unable to receive social cues and react to facial gestures. She added that the rhetoric attached to the masking issue is discriminatory, developing the idea that those who are vaccinated are good and all others are bad.
Another parent raised concerns about the physical and mental harm masks have caused students, including rashes, headaches, the inability to focus and disinterest in attending school. She added that her son watches mouths to better understand words, which has been difficult since the mask mandate.
On the other hand, another parent said students should be required to wear masks. She said her family continues to wear masks indoors regardless of vaccination status in an effort to protect others. She added that they need to do what’s best for the community rather than what’s best for individual students.
DeVore said the non-binding resolution is significant because it suggests the Board of Health has a role in advising the schools and that the county is not facing a state of emergency in regards to the necessity of requiring children to wear masks.
“And again, if there is a local emergency in this county, school districts do, in my opinion ... have some discretion on a short term basis to deal with emergencies,” he added. “But what those conditions are have to be predicated on an emergency. You know say a kid can’t come into school unless they have a mask on, to me that’s medical intervention. Is it possible or not? Again, is there an emergency in that community? Who determines that? School board members? They’re no more apt to do that than somebody like me. It’s the board of health. So has the board of health taken a position that there’s an emergency or not? It’s my belief that in seasons past that you can infer from it that it’s not.”
DeVore also said that in his opinion, refusing to allow a student to enter the school without a mask is considered medical intervention.
“I think that’s significant. It’s something the parent should keep in mind. It’s kind of independent of the mask issue. But it’s certainly going to be a big issue as this year goes on,” he said.
Shortly after discussion began by the board, member Bill Stoutenborough (D) moved to table the resolution.
“You know, I don’t think we want to make winners and losers out of this today,” he said.
Board member Doc Holliday (D) seconded the motion to table the resolution, but it did not pass. Discussion on the resolution continued.
The resolution was introduced by board member Mick Madison (R). He said that after the state of Illinois announced that schools would be allowed to determine individually if masks would be required, he started hearing from parents. He and Madison County Chairman Kurt Prenzler began working on a non-binding resolution in response to the parents’ comments.
“It doesn’t tell anyone what they must do,” he said. “It recognizes people’s own constitutional rights.”
Board members Stacey Pace (R), Bobby Ross (R), Val Doucleff (R), and Aaron Messner (R) also spoke in support of the resolution.
Doucleff, who is a teacher, said she is in the classroom on a daily basis and sees how the students have been affected by it both socially and academically. She said students are suffering and don’t know how to talk to one another.
“We have put a wall in front of their faces,” she said.
She said that while she trusts the local superintendents in their decisions, the resolution lets parents know that the Board of Health believes they should have a choice.
Pace said it is the parents’ right to choose if their child should wear a mask to school.
“At this point, I feel that we need to put this decision back into the parents’ hands,” she said.
Ross said he has had a “large outreach” of parents in his district telling him that they just want to be given the choice to determine what is best for their families.
Messner thanked the parents for their comments on the issue, saying public involvement is critical. He added that the board is discussing the masking issue because “so many citizens got involved and reached out to their board members.”
Messner also addressed those with opposing views who said the board doesn’t have the authority to tell school boards what to do. He said they are simply letting parents know that they support them.
“I don’t know how that can be construed as anything else,” he said.
Jamie Goggin (R) said he will likely vote in favor of the resolution, but said he doesn’t approve of non-binding resolutions from either party.
“Everyone of them stinks,” he said. “It’s just pandering and divisiveness to throw us in the middle of an argument to make someone look good. And I don’t appreciate it. I think a lot of people here don’t appreciate it.”
Several board members opposed the resolution for varying reasons.
Heather Mueller Jones (R) said the non-binding resolution wastes taxpayer money as it carries no legal authority but costs time and money to produce and discuss.
She said she supports civil liberties, but she also wants students to get an education in the classroom even if that means mask mandates. She added that “people on the ground” should determine the rules for wearing masks.
“We should be supporting those people, and not making their job harder just because we want to take some political stance or look good or do some cocamamy advisory resolution that doesn’t do a hill of beans to help anyone,” Mueller Jones said. “This board should be helping people in Madison County.”
Jack Minner (D) said he has “complete confidence” in school administrators.
“I think they are well qualified to take care of this, and I don’t think they need anymore politics,” he said.
Liz Dalton (D) said the school boards are elected by the citizens in their districts and have their own legal counsel consulting them on what to do.
“We do not have any authority over the school districts,” she said.
Dalton added that the board should instead focus on helping the vaccination efforts and doing what they can to control the pandemic.
Board member Eric Foster (R) said he doesn’t think anyone in the room does not believe parents should have a choice, but added that the board should not be involved in the decision.
Bruce Malone (D) said schools will need flexibility to address potential outbreaks.
“And we’re not the ones to give them that flexibility,” he said. “I have trust in the schools to be able to do that.”
After hearing arguments from both sides, Stoutenborough reiterated that he asked to table the resolution to avoid having winners and losers.
He said the resolution is in conflict with his Christian faith. Quoting Matthew 25:40 from the Bible, he said that “What you did to the least of them, you have done to me.”
He explained that they need to consider “the least of them,” such as students with asthma or other health conditions that would put them at greater risk of harm from COVID-19. He said masks should be mandated in order to protect all students.
In closing, Madison responded that he too is following his Christian values by supporting the resolution because it doesn’t tell people what to do and protects constitutional rights.
“I don’t think that’s pandering,” he said. “I don’t think it stinks. I don’t think it’s crazy. I don’t think it’s un-Christian.”
Madison added that he was asked why he put in so much effort working on the resolution.
“Because they’re their kids,” he responded. “They’re not ours.”
“We are a government by the people, of the people, for the people and that’s the way it needs to be,” he continued.