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December 6, 2022

Downstate thorn to Governor Pritzker filed Summary Judgement Motion and Amended Complaint against Department of Public Health and State Board of Education –

By Kirk Allen & John Kraft

On July 6, 2020

Illinois (ECWd) –

Downstate Attorney Tom Devore has filed an amended complaint and a Motion for Summary Judgement against the Illinois Department of Public Health and State Board of Education.

The Verified Amended Complaint, on behalf of James and Kali Mainer, seeks a declaratory judgement for all parents and all children in the state in asking the Court to declare the face-covering, temperature check, and 50-person limits be declared beyond the authority of the IDPH and ISBE, and, a permanent injunction for the IDPH and ISBE rulemaking be within their granted authority and not arbitrarily and capricious, and, barring defendants from enforcing any or all of the aforementioned rules from this date forwards.

In the Motion for Summary Judgment and its accompanying memorandum, the Mainers detail the authority and lack of authority of the IDPH and ISBE, and pray for the same relief as in the Amended Complaint, and for it to apply to all parents, guardians, and children in this state.

Supporting caselaw is supplied within the filed documents.

First Amended Complaint sbe
Motion for Summary Judgment SBE

 

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37 Comments
  • jannie
    Posted at 16:39h, 06 July

    I don’t get it – no one really likes it – but all these things are trying to do is keep the kids safe – We know some parents even without the pandemic sent their kids to school sick. Some of the reason for the uptick in counties which border looser states is because people go there to gamble, eat inside, etc. I do wonder if the governor was republican if there would be all of these lawsuits or complaints – just wondering. .

    • Brenda Byers
      Posted at 17:13h, 06 July

      You darn right I would be just as mad if he were Republican. I don’t care what party. I care about my rights as an American and my children and grandchildren’s rights in the future. The politicians today care less about our country. They aren’t doing public service they are fighting for power and money.

      • John McGivney
        Posted at 15:23h, 11 July

        I agree, he is still threatening businesses with fines and punishment if they don’t comply with his mandates. He doesn’t have the authority, plain and simple, he is outside of the law, Let us live our own lives, we can take care of ourselves. We are not getting the correct information, this is so much bull it is not funnu

    • Carol MA
      Posted at 18:09h, 06 July

      How can you be sure that a mask isn’t more damaging?

      • Bonnie Garcia
        Posted at 19:56h, 06 July

        Ask any healthcare worker qho wears them daily, hours on end…

      • Tony
        Posted at 21:04h, 06 July

        Cloth masks can be more harmful than helpful. It depends on the individual at that point. Medical grade masks are helpful.

    • HT
      Posted at 18:40h, 06 July

      Sounds like a question only a partisan would ask. Regardless of R, D, I or any other designated letter, if someone in the executive branch ignores the checks & balance of the US Constitution, EVERY American should stand up and demand accountability.

      You seem OK w/ the prickster using the AG as his own attorney. Where are the checks and balances?

      On the issue of masks specifically, these tyrants only conveniently use “science” when they can source their own advocates and refuse to disclose who are behind their “scientific” opinions. Want to bet that he shopped around for the right “scientific” opinions?

      If you know of any legitimate scientific studies regarding the efficacy of wearing masks, please enlighten the world.

      In the meantime, here’s a link that lists countless sources of legitimate scientific studies that actually use Randomized Control Trials (RCT) and statistical significance (alpha) to discern whether wearing masks makes a difference. If you can’t read or won’t make the effort to see what real science looks like, then your question is purely partisan and irrelevant.

      https://www.rcreader.com/commentary/masks-dont-work-covid-a-review-of-science-relevant-to-covide-19-social-policy

      • X
        Posted at 20:02h, 06 July

        How can anyone take masks seriously anymore? The same people who use FEAR to CONTROL are the ones who CHEERED ON as looters and violent rioters crowded together in cities. But for those who are scared, be encouraged by the facts that 1.)the CDC admits there may be up to 50% false positives, 2.)the CDC admits that even true positives could be a simple cold virus showing up, and 3.)hospitalizations have dropped off severely. If you still fear this virus more than the many others we encounter in normal daily life, by all means wear your mask. I’ll decide for myself and my children.

      • PK
        Posted at 22:24h, 06 July

        Thanx for digging up that link HT!

    • Stacy
      Posted at 19:58h, 06 July

      The American Academy of Pediatrics has it right on their website that masks on young kids may actually make them MORE susceptible to touching their face and therefore, do more harm than good, and also that evidence finds children are not transmitting covid. As my children’s mother, I, not the Government, should be making these decisions for my children. Here are some direct quotes from the AAP’s website:

      “Children should wear face coverings when harms (eg, increasing hand-mouth/nose contact) do not outweigh benefits (potential COVID-19 risk reduction).”

      “Policy makers must also consider the mounting evidence regarding COVID-19 in children and adolescents, including the role they may play in transmission of the infection. SARS-CoV-2 appears to behave differently in children and adolescents than other common respiratory viruses, such as influenza, on which much of the current guidance regarding school closures is based. Although children and adolescents play a major role in amplifying influenza outbreaks, to date, this does not appear to be the case with SARS-CoV-2. Although many questions remain, the preponderance of evidence indicates that children and adolescents are less likely to be symptomatic and less likely to have severe disease resulting from SARS-CoV-2 infection. In addition, children may be less likely to become infected and to spread infection. Policies to mitigate the spread of COVID-19 within schools must be balanced with the known harms to children, adolescents, families, and the community by keeping children at home.”

      https://services.aap.org/en/pages/2019-novel-coronavirus-covid-19-infections/clinical-guidance/covid-19-planning-considerations-return-to-in-person-education-in-schools/

      And to answer your question, no, I would feel exactly the same if the Governor was a Republican.

    • April Radic
      Posted at 21:22h, 06 July

      Well,for the start it’s good that you are admitting that you are not getting it.

      First of all, there is no pandemic.

      If you follow the main stream
      “News” you will never find out the truth.

      Wearing a mask is not about liking it,it’s about mask being not just usless but dangerous!

      If you decide to educate and inform yourself you will find out that masks are nothing but mind control device.

      Deprivation of oxygen and inhalation of CO2 and bacteria will definitely cause everyone who is wearing a mask to get sick.

      Knowledge is power!

      • D Blaszynski
        Posted at 22:19h, 07 July

        Please enlighten us with your proof there is no pandemic.

  • Joyce
    Posted at 16:50h, 06 July

    Kids cant learn with face mask….ask any teacher

    • Bonnie Garcia
      Posted at 20:04h, 06 July

      I’m a special education, teaching since 1980. They most certainly can learn with a mask. Many parents send their kids to school sick and many of those sick kids wear masks and still learn. Of course, as usual these 2 parents do not care at all that all the teachers over the age of 50 are at high risk from their precious children and all their germs. How well do children learn when they’re sick or they have to have substitutes because their teachers are ill???

      • Golden Country
        Posted at 21:25h, 06 July

        Bonnie It always baffles me how individuals in a profession complain about issues that they encounter in their everyday workplace. Not to sound cruel but if you as a teacher are that concern about sick kids coming to school and infecting you than you probably need to chose another profession.

      • PK
        Posted at 21:49h, 06 July

        In NO WAY does wearing a mask provide for a least restrictive learning environment!

        Until recently the practice of using restraints and seclusion was more commonly occurring that many realized..
        Amd the disparity in its usage among special education student compared other subgroups was significant. While that may not be done around your 40 years, it did occur on the watch of ISBE during that same timeframe.

        Least restrictive, No compromise.

      • Stacy
        Posted at 23:13h, 06 July

        Bonnie, as a special education teacher, I’m surprised by your response. The autistic population, for one, will not be able to learn in a mask.

    • Rebecca H..
      Posted at 08:18h, 07 July

      I am a teacher and believe students can learn. Kids rise to the challenge they are presented with and we need to give them credit.

  • ashley rahar
    Posted at 16:57h, 06 July

    Thank you!! I am guessing up next would be individual district law suits?

  • Joanne Guzik
    Posted at 16:58h, 06 July

    these kids do not need masks they need school normal

  • Diane
    Posted at 17:01h, 06 July

    It does not matter if a Republican or Democrat Governor, they have no rights to take away anyone’s constitutional rights. Prickster thinks he is above the law with his BS . Small business could of stayed opened and used precautionary measures just like grocery stores, Costco, Home Depot, etc. A lot of these small business did not and will not survive their being forced to be closed down. I can understand requesting the closing of movie theaters, festivals, concerts and places where hundreds gather (crowded together), I can understand a request that people protect themselves with masks even though there is no proof that they will help. I believe this was more politically driven and the agenda of every Democrat Governor.
    .

    • Bonnie Garcia
      Posted at 20:08h, 06 July

      Masks protect others, not you!!! Get it right!!! Too bad that your constitutional rights aren’t caring for others!!! You and these parents are very selfish. Please, the next you time you need surgery tell your surgeon not to wear a mask, his constitutional rights of keeping you safe are being violated!!!! How stupid are you all? How selfish and self-centered are you all?

      • Tony
        Posted at 21:09h, 06 July

        Masks don’t protect others as you think. It just limits range of transmission. Sneeze without the masks goes 20 feet. Sneeze with the mask goes 6-10 feet. In a classroom setting, masks or no, everyone would still get infected.

        And if you do sneeze into your cloth mask, it’s now contaminated and shedding vapor everywhere you walk with it on.

      • HT
        Posted at 21:53h, 06 July

        Signaling that you’re virtuous isn’t the same as having any virtues. Why is it always asking for others to care about you? What legal obligations do I have for your health? If you’re wearing masks, great for you. Don’t go near anyone who don’t wear masks. Why is so hard?

        Just because some have been conditioned w/ images of Asians walking around w/ masks in their countries and interpret that as having any usefulness, don’t extrapolate onto life here in America. They’re known to simply do as they’re told since birth. I know, because I lived under that condition before my and I were blessed w/ life in America.

        This is America. Why can’t you live how you want, and I live how I want. As long neither of us is out there looting and burning down society, just leave people alone!

        Opinions or personal anecdotes are limited in scope and relevance. Don’t assume how everyone should cater to your own fears and insecurities.

        It’s always convenient for the well-behaved comrades to cite some unfound reasons to comply, while ignoring legitimate statistical studies that invalidate any mask wearing protocols.

        Again, as tiresome as it is to repeat, wear masks all you want. Feel virtuous all you want. Believe in any tyrant you want. Stop the superficial virtue signaling and stop insulting people without knowing how their intelligence or education. Engrave “HERO” and wear that on your mask if you want, but simply doing that doesn’t make you any more intelligent.

        Calling people stupid while comparing wearing masks in public versus wearing masks during surgery is priceless. Do you know why wearing masks during surgery is a necessity? It has nothing to do w/ this virus.

      • Stacy
        Posted at 23:17h, 06 July

        Yikes, I sure hope my kids never get you for a teacher! I make no apologies for wanting my children to have the best education. Also, if you look above, I did post an article from the American Academy of Pediatrics supporting my beliefs.

  • Bram Ponivas
    Posted at 18:51h, 06 July

    Even with proper material and properly fitting masks provide only minimal protection. And then, all the evidence shows that children only get very mild cases, if symptomatic at all, and mortality rates for children are extremely low. (you might make a case for teachers and support staff with other health concerns)

    Then, the negative behavioral and health concerns to force kids to wear masks (which restrict oxygen levels) and follow other ambiguous rules for 5-6-7 hours a day.

    Besides the actual illness facts, the governor and state agencies are acting outside their constitutional and lawful authority, and the Illinois’ legislature has abandoned their authority. There must be checks on those actions and encouragement to those who’ve failed to act to keep our state and nation from further spiraling into lawlessness.

  • John Shaw
    Posted at 19:02h, 06 July

    It is well known that children can not spread this disease to adults so why should they wear masks?

  • Cindy
    Posted at 19:13h, 06 July

    It is all bs and fear porn. There is no reason at all to compromise your health by wearing their Stanic ritual muzzles that will do nothing even if there were a REAL threat! The first two comments are from brain dead shills or people that watch the fear porn on their scrying mirrors. Dig up some education and find out what is really at stake here. Hugh round of applause to the people that are fighting for everyone’s rights even while the nitwits are beating them over the head with the totally fabricated lies they keep hearing.

  • T baker
    Posted at 19:51h, 06 July

    Whether you agree or not we have laws that all peeople including politicians and appointees have to follow, or should follow.
    This includes during an emergency. When they do not follow the laws we the people should be calling them out on it.
    Businesses voluntarily closed to stem the proposed tide of sick people that never materialized. As the law states 30 days and out, but again it was voluntary. You cannot give up your rights at anytime. This does not mean an individual can’t take precautions as they see fit, however you cannot force them on others.
    And hold your hat, this CCP virus is just that a virus. We only have vaccines for a few viruses, most are incurable, meaning you are going to get it no matter how long you try and hid. Like the influenza virus there is no vaccine. That stupid shot is not a vaccine, it only gives you a 75% chance of not getting it or having less severe symptoms.
    If you see nothing wrong with giving up your rights for peace of mind I think you had better brush up on your history. That attitude has ever worked out for any peoples.

  • Pritzker is evil
    Posted at 20:26h, 06 July

    Just so everyone has this, there has been exactly one study I could find regarding the use of cloth masks, it was done back in 2015. There’s been no studies that I’m aware of regarding N95 masks, which are supposed to be the holy grail, but any medical professional I’ve talked to state unequivocally they are dangerous to wear for long periods of time. If you look at this study they also discuss the effectiveness of cloth masks as about 3% effective… Yes, there is a 97% rate of transmission through the cloth masks, and the participants were much more likely to contract upper respiratory diseases than the medical mask wearers, take from this what you want, but here is legitimate evidence against the use of at least cloth masks… https://www.sciencedaily.com/releases/2015/04/150422121724.htm

    • Tony
      Posted at 21:16h, 06 July

      I think i’ve read that study on another site. People forgot about materials science when they started touting science and cloth masks.

      Cloth, cotton especially, is a very useful clothing material because it is lightweight and breaths…it’s also very good at absorbing water, be it from your breath or from the air. Meaning it can absorb other people’s breath you happen to walk by.

  • Lara
    Posted at 21:34h, 06 July

    On the mask issue….stop. We don’t do this for the flu. Life involves risk, and the risk of dying from covid is now very small unless you’re very old or have an underlying condition. SAME WITH THE FLU. People don’t understand that people who are comprised CAN DIE FROM FLU AND HAVE BEEN FOR CENTURIES.

    You should be free to choose whether you wear a mask or not. Or do you not believe in it’s protective powers if you’re the only one wearing it?

    The world has gone mad. If you’re not seeing that you’re part of the problem.

  • NMWTLS
    Posted at 22:04h, 06 July

    Well this article is about the amended complaint and motion but the conversation seems to be mostly about masks, to wear or not to wear. Take a few minutes to sit in a store parking lot and watch people who wear masks. They pull up and park, pull their masks from above the sun visor or out of the console. Or maybe they get out and as they walk to the store pull a mask out of their pocket or purse. Or maybe the mask is hanging around their sweaty neck or off of one sweaty ear. Nobody takes out sanitizer to clean their hands before they touch their mask (inside and out) and put it on. Now they are wearing a mask that is “contaminated” inside and out. They’re either sucking germs in or blowing them out or, most probably, both. Watch people pull their hair back from their ears to hook their masks. Then watch people come out of the store. They pull the masks back down around their neck or off of one ear or shove it in their pocket. All ready for their next shopping stop. This is not stopping the spread of any germs in any appreciable way. But, take a phrase from the 60s and “if it feels good, do it.” Just don’t try to make me do what makes you feel good. And as long as I’m at it, why is the “social distance” in England 1 meter (less than 40 inches) but 6 feet (72 inches) in the US? Does somebody think our viruses are more robust and more athletic and able to jump farther than English viruses? Oh, one more thing….wiping down tabletops and plastic coated menus and credit card readers, but I have never once seen anybody wipe down the salt and pepper shakers – something that just about everybody who ever sat at that table touched. They probably shoved some french fries in their mouths with their fingers and licked their fingers before they decided they needed a little salt! If you were afraid before, I guess you will be terrified now. Time to end this insanity!

  • HT
    Posted at 22:05h, 06 July

    The media has done a perfect job at doing the advertising for the chicoms. They force their people to wear masks, parade them for the world to see, and subliminally or not, signaling that wearing masks is the new normal.

    The media has done a beautiful job at helping to crater America into factions so we can fight over trivial issues while the real threat can just silently infect this country.

    The media is very well-behaved at not questioning the false statistics of this virus from the chicoms masters. How is it that a country of 1.3 billion people, and only a few thousand deaths? Why wasn’t the virus allowed to travel to other bigger cities in their own country, while allowing air travel around the world to infect everyone else?

    The media ignores reports from doctors and virologists that don’t propagandize with their masters. Constant vagueness of information and fear are how they control those who need to feel safe.

    The media is not done yet, not until their masters are happy after the November election. We should expect more pain from them up to the election. Then, after the election, either their masters and the democrats will miraculously cure this virus, or they’ll force another civil war onto America.

  • Slightly Sightful
    Posted at 06:37h, 07 July

    Protestantism originated in men who disagreed with the authorities of administered doctrines. It’s good to find comfort in Independence and Individual Liberty. The provocations of present day authorities gives legs to our Independence and Individual Liberty, but not yet by way of religious observances in many cases. How profound is it that we have incrementally handed over our Independence, and consequently our Individual Liberty, not as a result of being misled by those predisposed to malfeasance, but rather by sheer laziness and reluctance to maintain and assert the very doctrines that afforded us these principled proven practices of being protestants. I can only speak for myself, when I say, I am guilty of this laziness. I submitted to the wrong influence for most of my life. I can only hope that forgiveness is in my future. I shall pray for that, and revival amongst my fellows.

  • Christian Fogal
    Posted at 08:41h, 07 July

    I worked in healthcare with deadly contagious diseases and I was trained by the department of defense to help mitigate mass casualty incidents with biolgical weapons like you see in the move, “Outbreak”. Wearing masks does ABSOLUTELY NOTHING to protect you from virus infections. It may help to arrest coughing and sneezing, but so does sticking your face in your elbow. This is social engineering. This is unconstitutional political warfare. Wake up. The expert authorities have contradicted themselves multiple times and so do the published studies. Beware of scientists paid by people with political agendas. Statistics, tests, and reported facts can be engineered for a desired outcome.

  • Nonya Beeswax
    Posted at 17:23h, 07 July

    How about people who want no restrictions be the ones to keep their child at home and homeschool? Certainly seems like the easiest option.

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