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December 2, 2022

DeVore v IHSA and Hillsboro Schools: TRO Denied, Reiterated Bailey v Pritzker still in Full Force

By John Kraft & Kirk Allen

On August 3, 2020

Montgomery County, IL. (ECWd) –

Last week, the Montgomery County Circuit Court DENIED DeVore’s Motion for Temporary Restraining Order in relation to the Illinois State High School Association’s “guidelines” in returning to school and participating in sports.

This was a summary hearing, in which the Court found:

  • the right to participate in extracurricular activities is not a property or liberty interest
  • in light of Jurdan v O’Fallon, there is no ascertainable right in need of protection
  • that the Bailey v Pritzker Order is still in full force and effect and has not been reviewed upon appeal, that the governor lacked any power to enact executive orders after the initial 30 days, and that the denial of this TRO should not be construed as a finding that the Governor or IDPH have any constitutional, legislative or administrative authority to impose such mandates upon the IHSA or the school district as set forth in the amended plan
ORDER ON TEMPORARY INJUNCTION-JUDGE PARKER (003)

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12 Comments
  • NiteCat
    Posted at 14:46h, 03 August

    Though there may be no written “executive order” the messaging implications the Governor is still sending are being heard loud & clear by those in power. They are still trying to convince everyone that this ruling only applies to the district Rep. Bailey represents, not the whole state. Hence the IHSA rules.

  • Kathy
    Posted at 21:01h, 03 August

    Well at least this court recognized the Clay County ruling in Bailey v Pritzker!

  • Wally Spangler
    Posted at 22:59h, 03 August

    HELEN Henderson, still behind.you Bailey .

  • Deb
    Posted at 08:32h, 04 August

    Pritzker sucks and he shouldn’t be aloud to say jack shit… he’s and evil corrupt swamp scum Democrat with only evil intentions, power hungry loon.. he needs to be put away!

  • Stacy
    Posted at 08:55h, 04 August

    Definition of liberty:

    “The state of being free within society from oppressive restrictions imposed by authority on one’s way of life, behavior, or political views.”

    Seems to me extracurricular activities would qualify as a liberty by this definition. Does participating in school sports not qualify as “one’s way of life?” For many, school sports is their ticket to college and their future. I understand only the temporary restraining order was denied and the case itself has not been ruled on, but we all know how quickly cases move through the court system. Current high school students could have graduated before this gets a resolution. 🙁

  • John McGivney
    Posted at 08:55h, 04 August

    Governor Pritzger paid 7 million to get the office, he is on a total power trip, There is no reason for all who venture out to wear a mask. They have no proof that they curtail the spread of the virus. Everyone wears a different mask and they all have their problems. There are mass demonstrations in Europe over mandated masks, the people feel they are treated as slaves. I agree. This virus will subside when the election is over. The Democrats are the most corrupt organization in the world, they even surpass the MOB in corruption, They have always been bad, but they are now over the top, thank you

    • Tony
      Posted at 10:58h, 04 August

      Masks work, but they don’t work as well as touted and don’t work as many may think they work. But many don’t stop and think: How effective is a plain old cloth mask to begin with?

      In a normal office environment, they’re only about 30-40% effective if 1 person wears it. Many feel if 2 parties wear them, they’re up to 80% safe…nope, only 64%.

      If Person A is expelling 100 Particles of virus, and Person B has none, Mask A Catches 40%, leaving 60 Particles. Mask B then might block 40% of that which is 24…leaving 36 particles. (now add a couple zeros to that for a closer actual number of particles)

      But, cotton also tends to absorb, breathe, and allow passage of particles. So that 64% effectiveness is really only a maximum allowable by the environment and behavior…so it can only go down from there.

      As a conservative estimate, if everyone is masking up, not fidgeting with their masks and only 1 person happens to be expelling viral load, you’ve got a 50/50 shot at still catching it.

      That’ why I commented on another article, in a classroom setting, masks are useless. Everyone is breathing the same air so they don’t help at all in that setting. Isn’t science fun?

      • PK
        Posted at 18:33h, 04 August

        Awesome!

  • Cindy
    Posted at 11:10h, 04 August

    Tony? If masks worked, then why didn’t they just issue masks to all the prisoners instead of opening the jail doors and dumping them on our streets? You really need to think through what you are saying here. Masks are ineffective for just about anything. If you have ever done any type of woodworking or insulating you would know that wearing a mask does NOT keep even those huge particles from getting into your airways. Talking about viral loads and such is nonsense. Germ theory was never even a real thing. It was always a theory and has never been proven. You are only confusing the issues by going both ways on this. Get to the root. There is no such thing as contagion and there is no such thing as a governor that can issue “mandates” for you to wear anything. It is on you to take back your life. These wonderful people are fighting within the “system” and the people are not even paying attention. They can do no more for you if you will not STAND UP to the liars!

    • Tony
      Posted at 11:51h, 04 August

      I’m not going both ways. I’m going my way. You don’t have to like my way, but my way is about materials science, building science and math as that’s my training. Nothing to do with germ theory. And yes I’ve done woodworking. The mask isn’t there to stop all, it’s there to mitigate. Meaning reduce enough to hopefully prevent a problem. Sometimes a mask MIGHT help, sometimes it’s totally useless. All depends on a number of factors both personal and environmental.

      But I do agree, most of the politicians are lying about this for their own political ends.

  • Dennis Finegan
    Posted at 01:34h, 05 August

    I would prefer to take my chances with a mask than the virus. BTW, the cloth ones are 3 layers, not all cotton. The middle one is a non-woven sheet.

    Just chill and stay alive. There is nothing macho about not wearing a mask. I don’t care who says to wear a mask. I’m not ready to die yet. Hate the guv all you want, but wear a mask.

    • PK
      Posted at 09:08h, 05 August

      Like yours, the guv’s www priority statement “Wear a mask, Watch your distance, and Wash your hands” is out of order. Wash your hands, watch your distance, and if need be, wear a mask. Because you can, macho man, note the plexiglass barrier and other redundancies at your retailers’ check-out lines too.

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