ILLINOIS (ECWd) –
The Illinois Appellate Court denied Governor Pritzker’s appeal of the Temporary Restraining Order entered against him and state agencies related to masking and exclusion from schools.
Pritzker has vowed to appeal to the Illinois Supreme Court.
From the Order:
- Held: Appeal is dismissed as moot.
- Because the emergency rules voided by the TRO are no longer in effect, a controversy regarding the application of those rules no longer exists. Thus, the matter is moot.
- Thus, none of the rules found by the circuit court to be null and void are currently in effect. Accordingly, for the following reasons, we dismiss defendant’s appeal because the expiration of the emergency rules renders this appeal moot.
- We note the language of the TRO in no way restrains school districts from acting independently from the executive orders or the IDPH in creating provisions addressing COVID-19. Thus, it does not appear the school districts are temporarily restrained from acting by the court’s TRO.
Edited to add: The last point must obviously still comply with state laws and the constitution.
Read the denial below:Austin v. Board of Education of Community Unit School District 300, 2022 IL App (4th) 220090-U