Greenville attorney Thomas DaVore is challenging mask and vaccination mandates for Edwardsville and Triad school districts, arguing that only the state and local health departments have the authority to require quarantine devices - such as masks - and only under a court order after exhausting all other options.
“The Department must also prove that all other reasonable means of correcting the problem have been exhausted and no less restrictive alternative exists,” the petition states.
DeVore of Silver Lake Group Ltd. filed a motion for a temporary restraining order and a petition for declaratory relief and for writ of injunction on Sept. 17 on behalf of parents in Madison County Circuit Court against Triad Community Unit #2 and Superintendent Leigh Lewis, challenging the mask requirements.
He also filed a petition for declaratory relief and for writ of injunction on behalf of several teachers on Sept. 23 against Edwardsville Community Unit District #7, Superintendent Patrick Shelton, Triad Community Unit #2 and Lewis. The teachers’ suit challenges the mask mandates and vaccination plans.
Parents challenging mask mandates
According to the motion for a temporary restraining order, plaintiffs Autumn Meier, Amy Honer and Jamey Hartley seek an order allowing students to “move freely upon the premises of the district without using any device such as mask (sic) to purportedly limit the spread of an infectious disease until such time as an order of quarantine might issue against the children.”
DeVore filed a motion to certify the case as a class action. The class would include parents and legal guardians who have children attending schools within the Triad school district, which includes 3,778 students.
“Moreover, no class member will be prejudiced in this cause as each parent or legal guardian can merely choose to voluntarily require their children to utilize a device such as a mask regardless of whether an order of quarantine might issue against their child by the local health department,” DeVore wrote.
The parents seek an order requiring the defendants to immediately discontinue forcing the students to utilize a mask while on school premises as a device to limit the spread of an infectious disease unless the parent or guardian of the student consents or the Madison County Health Department or Illinois Department of Health has provided the school districts with a lawful order of quarantine.
DeVore wrote that a temporary restraining order is appropriate because:
- “The emergency injunctive relief plaintiffs now seek is necessary prohibit (sic) substantial and irreparable injury to protect the children’s right of being free from having the use of a medical devices forced upon them until such time as the permanent or preliminary injunction is heard.
- “Every day which pauses, the children are being unlawfully forced to utilize a mask as a device to limit the spread of an infectious disease notwithstanding the County Health Department has at no time sought a quarantine order against the children in the manner prescribed by law.
- “The verified complaint for declaratory relief and writ of injunction has set forth plaintiffs' clear ascertainable rights to be protected and has demonstrated there exists a reasonably likelihood of plaintiffs' success on the merits.
- “Plaintiff has no adequate remedy at law in that the children are being forced to utilize a mask as a device to limit the spread of an infectious disease before being allowed engage in their right to a public education in a manner not authorized by law.
- “The public’s interest is still protected in that the local health department has the authority to issue a lawful order of quarantine against any or all of the children, which could compel them to utilize a device to prevent the spread of an infectious disease,” the motion states.
He wrote that Illinois law defines a modified quarantine to include “a selective, partial limitation of freedom of movement or actions of a person or group of persons who are or may have been exposed to a contagious disease or possibly contagious disease. Modified quarantine is designed to meet particular situations and includes, but is not limited to, the exclusion of children from school, the prohibition or restriction from engaging in a particular occupation or using public or mass transportation, or requirements for the use of devices or procedures intended to limit disease transmission.”
He added that in order to enforce quarantine, the Department of Health must obtain a court order by “clear and convincing evidence” and proving that the public health and welfare are significantly endangered by an individual who has been exposed or diagnosed with the infectious disease.
He argues that parents have a right to insist their children not be subjected to any type of quarantine unless ordered by the court.
“It would be an absurd proposition for the district … to suggest the local health department is required to obtain consent of the parent, or a court order, in order to compel the children to utilize a mask as a device to limit the spread of an infectious disease, but they somehow can disregard procedural and substantive due process,” DeVore wrote.
“Quite simply, the district, and defendant Lewis have infringed upon the lawful right of the children and their parents to be free to choose for themselves what health and safety measures they feel are appropriate for the children, absent an order from this honorable court to the contrary,” he added.
DeVore also notes that the students at issue are healthy, not exhibiting COVID-19 symptoms and are not currently positive for COVID-19.
“The parents, and the children have no adequate remedy at law in which to seek relief from the irreparable harm caused by the district, and defendant Lewis, for every day the children, who are otherwise perfectly healthy, are being unlawfully forced to wear a mask as a device alleged to prevent the spread of an infectious disease,” he wrote in his request for injunction.
Judges in Clinton County, Macoupin County, Adams County, Montgomery County and Sangamon County previously held that “a child cannot be quarantined without consent of the parent or a lawful order of quarantine having issued,” DeVore wrote.
Teachers challenging mask and vaccination mandates
According to the teachers’ petition for declaratory relief and for writ of injunction, plaintiffs Stefani Donaldson, Tom Oller, Faith Robinson, Patricia Steinbach, Chris Stevens, Stephanie Stoyanoff, Melissa Tebbe, Christina Becker, Vicki Bridges, Jessica Green and Amber Stevens seek an order declaring that the school districts have no authority to compel vaccination, tests or monitoring in order to teach on school property.
DeVore wrote that in addition to mask mandates, the school districts implemented a vaccination or test plan requiring teachers to either be vaccinated against COVID-19 or submit to testing. If they refuse, the teachers may be excluded from the premises and prohibited from teaching.
“At this time, all Triad and Edwardsville educators are not positive for the COVID-19 virus, or any other infectious disease, and are not currently exhibiting any symptoms consistent with the COVID-19 virus or any other infectious disease,” he wrote.
DeVore argues that the Illinois Department of Health has sole authority to enforce quarantine, which must be established through a court order after proving that the individuals have been exposed or diagnosed with an infectious disease.
DeVore wrote that the districts have no legal authority to compel teachers to vaccinate, test and monitor for COVID-19.
“Quite simply, the Edwardsville District and the Triad District are infringing upon the lawful right of the Triad and Edwardsville educators to be free to choose for themselves what health and safety measures they feel are appropriate, absent their consent or an order from this honorable court to the contrary as required under Illinois law,” he wrote.
“If the Edwardsville and Triad educators refuse to vaccinate, test and monitor when present at the facilities of Edwardsville District and the Triad District, they are being wrongfully denied their right to attend to their employment and educate their students,” he added.
The teachers request an order finding that the districts cannot compel them to vaccinate without their consent or procedural due process, cannot compel them to test for an infectious disease and cannot compel them to endure monitoring, “including the mandatory use of a mask.”
Madison County Circuit Court case numbers 21-MR-933 and 21-MR-952