Effingham Co. IL. (ECWd) –
The Chief Judge of the Fourth Circuit, Judge Douglas L. Jarman, issued a Temporary Restraining Order, for 30 days, this morning against the Teutopolis Unit 50 School District as it pertains to mask mandates.
Paragraph A, from the Order:
“While the Children are on school property, the Defendants, are enjoined from requiring any or all of the Children 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.
The judge issued the TRO based on the following:
- The children have rights
- Masking constitutes quarantine
- A mask mandate creates irreparable harm
- The Plaintiff would likely succeed on the merits
The TRO was issued for 30 days and the next hearing is scheduled for October 14th, 2021 at 1 pm in the Effingham Courthouse.
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.
A copy of the order can be downloaded at this link or viewed below.
The Complaint which lead to this TRO can be read (HERE).
Mr. DeVore provided a brief interview after the hearing which can be viewed below.
TRO
