DeVore v. IHSA, Hillsboro School District Lawsuit And TRO Filed Today –

Montgomery County, IL. (ECWd) –

Attorney Thomas DeVore has filed a Verified Complaint and Motion for Preliminary Injunction against the Illinois High School Association Board of Directors, Craig Anderson (in his individual capacity) and the Hillsboro Community School District #3 Board of Education concerning their “Return To Play Plan” and the “Amended Plan” including the three additional requirements.

The amended plan’s three additional requirements include:

• no contact drills/physical contact among athletes
• must wear mask
• strict 50-person limits to all indoor activities including spectators

From the Complaint:

• The return to Play Plan was approved by an IHSA Committee and the IHSA Board and distributed on July 3, 2020
• The Amended Plan was distributed on July 9, 2020, and was not approved by an IHSA Committee
• Anderson stated the changes were directives from the IDPH and Governor’s office
• The IHSA Committee and the IHSA Board did not approve these additional changes
• Anderson stated the IHSA has no authority to issue these directives, that they are merely guidance, and that the IHSA has no intention of policing or enforcing anything
• Anderson further stated that the IDPH and Governor’s office are approving the “guidance”
• Pritzker’s Deputy Governor of Education sent an email on July 8, 2020, mandating that IHSA guidelines be amended
• Anderson sent an email to his Administrators stating that they were required to “fall in line” with the Governor’s office and IDPH
• This suit applies to Plaintiff’s minor children and all children similarly situated in Illinois, and that they are being subjected to ultra vires, and otherwise unlawful, IHSA rules of their children desire to participate in sporting activities

The Complaint consists of two Counts, the first being a Declaratory Judgment that the IHSA Plan and Amended Plan are beyond their authority to promulgate and are otherwise illegal products of arbitrariness and collusion between the Governor’s office, IDPH, IHSA and Anderson, and that as such should be declared unlawful. The second Count seeks permanent injunction against the IHSA, Craig Anderson, and Hillsboro School District #3 from implementing the Plan or the Amended Plan, and that it is beyond their authority, and a permanent injunction barring Defendants from enforcing any or all parts of the Plans. Plaintiff also seeks award of costs.

The Documents:

Complaint – Motion for Preliminary Injunction – Temporary Restraining Order Without Notice – Temporary Restraining Order Without Notice to Amended Plan Only