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May 19, 2022

Restraining Order Issued Against Carlyle Community School District – Masks Are A Form Of Quarantine

By Kirk Allen & John Kraft

On September 15, 2021

Clinton, Co. (ECWd) –

A Clinton County Judge issued a Temporary Restraining Order today against the Carlyle School District for 30 days as it pertains to mask mandates.

This Order applies to every student in the School District.

Paragraph A, from the Order:

While the Children are on school property, the Defendants, are enjoined from requiring any or all of the Children who attend within the school district to utilize any type of device, including a mask, for the purposes of allegedly preventing the spread of an infectious disease unless an order of quarantine has issues against any or all of the Children from the local health department as required by the Illinois State Board of Education.”

The Judge properly applied the legal definition of “modified quarantine” found in the Illinois Administrative Code.

“Quarantine, Modified” – 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. Any travel within Illinois outside of the jurisdiction of the local health authority must be either approved by the Director or be under mutual agreement of the health authority of the jurisdiction and the public health official who will assume responsibility. Travel outside Illinois shall require written notice from the Illinois jurisdiction to the out-of-state jurisdiction that will assume responsibility.

It was argued successfully by Tom DeVore that a mask is a device intended, allegedly, to limit disease transmission.  That being the case, the authority to place such a device on a person is limited to the power give within the laws established for quarantine through the local health departments.

We confirmed with Mr. DeVore, the next step that will soon be hitting the courts will be the use of the same exact legal definition as it relates to vaccines, “a procedure intended to limit disease transmission.”   As many are starting to realize, the vaccine may limit the severity of illness, however, those who are vaccinated can still transmit the disease.  We believe those mandates will fail once challenged properly in court on the most basic application of the definitions found in the Illinois Administrative Code for the Control of Communicable Diseases.

Judge Sheafor also entered this language in the court docket:

“…ISBE has no legal authority to make any student in the school district wear any mask under the law.”

A copy of the order can be downloaded at this link or viewed below.

carlyle

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11 Comments
  • Ralph C Norris
    Posted at 17:04h, 15 September

    Does this mean the students don’t have to wear a mask?

  • Nicholas Deka
    Posted at 19:57h, 15 September

    Can this be applied to the Girl Scouts of Illinois as well? Many if not all of the Northern Illinois troops are masked. They are basing this on the direction of schools and county health departments. An organization that supposedly builds character in future women leaders, holding them hostage to a mask that does not prevent covid. It is labeled on the mask box.

  • PK
    Posted at 20:30h, 15 September

    Accordingly, any further threat ISBE makes on the school’s status is reduced to what it really was prior, the Pritzker administration’s posture.

  • Tony
    Posted at 07:12h, 16 September

    I’ve said it before and I’ll say it again…Masks will only limit range of transmission under certain circumstances, meaning they’re largely useless unless you’ve got an N95 or something intended to stop viruses specifically or filter air.

    Best way to deal with this indoors is upgrading indoor filtration and ventilation. If we put as much effort into making the mechanical systems of our buildings more efficient as we do into trying to get off fossil fuels, many health issues caused by poor indoor air quality would be mitigated if not solved nearly outright.

    Of course big pharma wouldn’t like that.

  • jannie
    Posted at 07:46h, 16 September

    This is really sad, children have become pawns to individuals who have no concern for the children, but want to further their own political views no matter what. The only thing that will solve this whole issue is that not only a few (as there has been), but more children are affected negatively by the virus. I want my children to be safe – don’t think others do.

    • PK
      Posted at 19:42h, 16 September

      The TRO requires the Illinois administration to adhere to administrative law. This represents a practical and resounding good in the battle against COVID-19. Period.

  • Wesley Allen
    Posted at 18:17h, 16 September

    Can anyone show me hard data on the efficacy of masks? I have yet to see any data that shows mask mandates slow the spread of COVID.

    • Ralph C Norris
      Posted at 18:45h, 16 September

      I dont have hard data for you but I have personal data. I wore an N-95 for 6 months everyday at work. I was the only person in my house to do any shopping for the family. I got covid and gave it to my family…3 teenagers, my 2 year old daughter, and my wife…and 2 coworkers….and my in-laws. The masks do not work.

      Also, I will not take the shot. I have way too many friends and family and acquaintances that took the shot and they now have horrible side effects from it. Heart attacks, strokes, blood clots, high blood pressure(stroke level).

    • PK
      Posted at 19:24h, 16 September

      If nothing else, masks are a visual reminder for caution, not unlike the social distance floor markings that communicate where to stand when waiting in line.

      IDPH references a CDC news brief regarding studies on their effectiveness. I began reviewing study details in that news brief but stopped after careful consideration of the first one. It was not clear that a COVID test was performed on the two stylists exhibiting symptoms.

      The Pritzker administration’s emphasis on masking dilutes measures. In order of discovery with the novel coronavirus, these were/are social distancing, hand washing, and cough/sneeze etiquette. As far as I’m concerned, the plexiglass barriers at the grocery store check-out lines are good for every cold and flu season, but can stay year round.

      Does IDPH provide written guidance to parents for instructing their own school children on how to coughing and/or sneezing while wearing a mask?

  • MM
    Posted at 00:44h, 21 September

    This decision is clearly wrong. Just reading the article exposes the flaws in the analysis. Quarantine is a limitation of freedom of movement or action of a person or persons who are or may have been exposed to a contagious disease. The mask mandate applies to everyone BEFORE they are or have been exposed to a contagious disease. The fact that students are required to wear a mask BEFORE possible exposure makes it NOT a quarantine. The sentence that includes “devices” to limit transmission is modified by the first sentence (i.e., it lists things that are quarantines AFTER a person is or may have been exposed to a contagious disease). To read the definition any other way would mean that suspending a child for fighting would be a quarantine because the child is excluded from school.

    • PK
      Posted at 15:24h, 21 September

      Welp, that faulty premise and analogy eat the whole IDPH pie.

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