State Lawsuits Challenging State’s COVID-19 Protocols for Schools: TRO Arguments Concluded – No Ruling Yet

As you are likely aware, there are currently two different lawsuits pending in Sangamon County involving numerous plaintiffs suing many districts in the State of Illinois challenging various aspects of the State’s Covid-19 requirements for schools. One case seeks for relief for students and the other for school employees. Both lawsuits ask for class certification.  In other words, they ask the court to apply the outcome of the case to all students or staff in a school district rather than applying the outcome to solely the named plaintiffs. 

Arguments on a temporary restraining order (TRO) concluded in both cases this week.  The court took the matter of the TRO, including class certification, under advisement.  In the student case, the court indicated that it is unlikely to rule before January 28, and it is possible a ruling could come later than that. While the court did not indicate a timeframe for ruling in the employee case, we anticipate the court will follow a similar timeline.  

At this time, districts should continue to operate as they have been under the Executive Orders and emergency rules (e.g., requiring masking, following exclusion protocols, testing weekly for those employees who have not submitted evidence of vaccination, etc.).  We will continue to monitor these lawsuits and provide an update when decisions are issued. In the meantime, if you have questions about the potential impact of the cases on your district, please contact your Robbins Schwartz attorney.

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