This time, there were no demonstrators and no signs outside the Vermilion County Courthouse, and no honking horns going by. But the legal proceedings continued quietly in Room 1A of the Courthouse Wednesday morning. Back on October 1st, Fifth Circuit Associate Judge Karen E Wall denied temporary restraining order requests from both Danville District 118 teachers and Hoopeston Area School District 11 parents on following two separate state mandates concerning COVID. The Danville teachers did not want to have to submit to either a COVID vaccination or weekly test to keep teaching. Judge Wall stated that the school district had to follow the state mandate, and the attorney for the eight teachers, Bethany Hager, appealed to the Appellate Court. The Appellate Court kicked it back, however, and said certain parties needed to be added to the lawsuit, other than just District 118 and the superintendent, as Hager explains.
AUDIO: The Appellate Courts are now saying that the courts don’t actually have jurisdiction to adjudicate whether those are valid unless the governor, and these departments and state agencies, are actually part of the case itself.
While explaining her decision back on October 1st, Judge Wall did say that the plaintiffs’ actions were misplaced, and that the Illinois Department of Public Health, the Illinois State Board of Education, and the governor should be added to the case.
So now they are; and there are two new court dates, with the new line up of defendants.
The first will be on November 24th concerning class action certification of the case, as Hager explains.
AUDIO: While they’re eight named plaintiffs in this case, there are over 300 teachers and staff, I believe, employed by District 118 in Danville. And plaintiffs are really seeking to have relief and protection of rights for all of those teachers and staff.
There’s also a December 2nd date now scheduled in the District 118 teachers case, to ask for a preliminary injunction on the school district following the mandate while the case is being sorted out.
In the Hoopeston parents case; those plaintiffs, also represented by Hager, wanted their kids to be able to attend school without having to follow the state mask mandate. The Appellate Court kicked that one back as well, again requesting that the state parties be added as defendants. Meanwhile, one of the parents had asked for a judge substitution in the case. During Wednesday afternoon’s session before Judge Wall, that request was denied. So now, with the governor, IDPH, and ISBE added as defendants here as well; a request for class certification, meaning that any ruling in favor of the Hoopeston parents would apply to all Hoopeston school district parents, will be heard on November 23rd. A request for a preliminary injunction will be heard December 9th.
