Chicago, IL. (ECWd) –
Teachers and Staff win a temporary restraining order against Chicago Public School District #299, which was signed by Sangamon County Judge Raylene DeWitte Grischow today restraining the Chicago Public School District #299 from mandating shots or testing for certain teachers and employees of the district.
From the Order:
- Plaintiffs Possess a Clear Right In Need Of Protection
- The Legislature made it clear that plaintiffs have a due process right to object before being subjected to vaccination, testing, isolation, or quarantine, all of which are alleged to prevent the spread of an infectious disease.
- Plaintiffs Will Suffer Irreparable Injury
- The injury alleged by the plaintiffs is the laws of this State which controls these matters of public health are being violated.
- Plaintiffs Have No Adequate Remedy At Law
- There is no adequate remedy at law because the loss of the continuous sacrifice of legal rights cannot be cured retroactively once the issues are decided on the merits.
- Plaintiffs Are Likely To Succeed On The Merits Of Its Claim
- A plaintiff need only “raise a fair question as to the existence of the right which it claims and lead the court to believe that it will probably be entitled to the relief requested if the proof sustains [its] allegations.”
- WHEREFORE, IT IS HEREBY ORDERED:
- A temporary restraining order is entered enjoining The Board and CPS from taking any action against plaintiffs’ employment for refusing to comply with the school district’s vaccination or testing policy, alleged to prevent the spread of an infectious disease, unless the plaintiffs have first been given their procedural and substantive due process rights under 20 ILCS 2305, et seq. which procedures have been further outlined in 77 Ill. Adm. Code 690.1330.
- This Order is binding upon all the parties to this action, including all of their officers, agents and employees.
- Nothing in this Order shall be deemed to limit the certified local health department from enforcing all applicable provisions of 20 ILCS 2305 et seq. and 77 Ill. Adm. Code 690, et seq. as necessary to limit the spread of any infectious disease.
- This temporary restraining order shall remain in full force and effect pending a trial on the merits unless sooner modified or dissolved.
Read the entire Order below:doc20220408141855