Two school districts face contempt motion over claims they are violating mask restraining order

(The Center Square) – All of last week, children of plaintiffs in the school mask and exclusion lawsuit weren’t being punished for not wearing a mask. That changed Monday.

Attorney Thomas DeVore said plaintiffs’ children across the state last week were not being punished for not wearing masks following the Feb. 4 Sangamon County Circuit Court Judge Raylene Grischow’s temporary restraining order against masking and exclusion policies, until Monday.

“Out of the blue, [Chicago Public Schools] told my clients … that their children had to wear a mask or go home,” DeVore told The Center Square Monday. “For whatever reason, they arbitrarily just changed the way that they were going to handle my children and so they’re in contempt of court and I’m going to ask the judge to find them so.”

In a statement Feb. 5, the Chicago Teachers Union (CTU) said its collectively bargained agreement with Mayor Lori Lightfoot and Chicago Public Schools (CPS) means its mask mandate is still in place.

“This ruling also states that collectively bargained agreements are still enforceable,” CTU’s statement said. “Our January 2022 agreement with Chicago Public Schools, which guarantees masking, will keep schools open and safe.”

DeVore notes the appeals court hasn’t ruled on the governor’s appeal of the judge’s order.

“Since there is no stay, [Grischow’s] order is in effect,” DeVore said. “And to the extent that Chicago Public Schools District wants to try to suggest that their collective bargaining agreement between the teachers and the district somehow or another puts obligations on my children, that argument is made in bad faith with zero support of the law and I’ll ask her to hold them in contempt.”

DeVore said he’s seeking the highest punishment from the judge, including possible jail for school officials.

“She could be that extreme if she wanted to,” DeVore said. “Whatever remedy that she has to fashion to get them to listen to her is ultimately what it will be.”

DeVore also filed a contempt motion against the board for District 128 in Libertyville Monday.

“[The school district is] trying to be clever and say ‘well, yeah, if your child doesn’t have to wear a mask when they’re in the school building for education, but if they come back into the school building for any other reason like an after-hours event or something like that they have to wear one,’ it’s completely ridiculous,” DeVore said.

Monday afternoon, Grischow gave CPS and District 128 a date of Feb. 25 to come before the court in Sangamon County to answer to the charge.

Officials from the school districts did not immediately respond to a request for comment.