Two CPS parents in school mask lawsuit say their kids were told to wear masks or leave Mount Greenwood school, want district held in contempt of court
- Oops!Something went wrong.Please try again later.
A Chicago Public Schools principal and the athletic director for Vernon Hills High School have been ordered to appear in court later this month to explain why they should not be held in contempt for allegedly violating a temporary restraining order preventing Gov. J.B. Pritzker’s school mask mandate from being enforced statewide.
Two CPS parents who participated in attorney Tom DeVore’s school mask lawsuit filed a petition against the Chicago Board of Education on Monday, saying their children were told to wear a mask or leave Mount Greenwood Elementary School. A similar petition has been brought against Community High School District 128, which includes Vernon Hills and Libertyville high schools.
In his initial litigation, which counted hundreds of Illinois parents as plaintiffs, DeVore argued Pritzker exceeded his authority by requiring students and teachers wear masks inside schools; unvaccinated school employees provide negative COVID-19 test results and close contacts of infected people quarantine.
Sangamon County Circuit Judge Raylene Grischow issued the temporary restraining order on Feb. 4, spurring school districts across Illinois — even those not named in DeVore’s suit — to re-evaluate their COVID-19 safety measures. Chaos and confusion has ensued.
Theresa Guditis, one of several parents who signed onto the suit against CPS, said her son attended classes at Mount Greenwood school without a mask last week.
But on Monday morning, Guditis said she was alarmed to learn school officials told her son he had three choices: Put on a mask, do his school work in a room by himself, or be sent home.
“Last week, there were no problems, and he had a great week,” Guditis said. “Then this morning, I get a phone call telling me my kid is in violation of the mask mandate.”
Guditis said her son did not want to be isolated from his classmates, nor forced to return to remote, e-learning, so he put on a mask supplied by the school.
Another CPS family involved in the lawsuit elected to bring their children home, she said.
“There were warnings, and then today they said even with the judge’s order, the city of Chicago requires masks to be worn indoors in all of its buildings,” Guditis said.
“Look at the Super Bowl … all of those people were unmasked,” she said, adding: “The world needs to get on, and the mask mandate doesn’t stop anything.”
The Illinois attorney general’s office appealed Grischow’s decision, and a ruling from the appellate court is expected to come by mid-week. DeVore said Monday that in the past 24 hours he has heard from 430 families who want to join the litigation, including parents with students enrolled in CPS.
In the meantime, the school mask war continues to be waged across the state. In Chicago, Oriole Park Elementary School was a battleground last week even after CPS officials reiterated that students need to wear masks inside schools.
“As of Friday, over 97% of students continued to comply with this policy. We recognize that this is a highly contentious issue, and there are strong feelings on both sides,” read a message from the Oriole Park administration to parents on Sunday.
“We sincerely hope that we, as a school community, can navigate this challenging situation without further escalation of conflict, and we thank you for continuing to comply as we wait for the legal wrangling to resolve and we get more clarity on the future and when CPS will no longer require masks.”
The Oriole Park email noted that the district has laid out guidance for students without face coverings. For a first offense, a student would be provided a mask and reminded to wear it. If the student is caught again without a mask, a meeting is arranged with a parent or guardian. After the third time, the student would be directed to learn from home.
A CPS representative was not immediately available for comment Monday. The district has pointed to its agreement with the Chicago Teachers Union that requires masks be worn inside CPS facilities in arguing that Grischow’s ruling does not prohibit the district from “exercising its authority to continue its COVID-19 mitigation policies and procedures.” The city also has an indoor mask mandate in place.
“The city of Chicago’s rules and regulations do not supersede the Illinois Constitution nor the statutory protections of the law, in addition to a court order from a judge,” DeVore told the Tribune.
In the District 128 case, Vernon Hills High Athletic Director Brian McDonald is named in the petition as not complying with Grischow’s order.
“The judge’s ruling applied to the school day, and not to extracurricular activities. As such, District 128 student-athletes are required to wear masks during their athletic activities,” district spokeswoman Mary Todoric told the Tribune in an email.
McDonald, Mount Greenwood Principal Catherine Reidy and representatives for their respective districts, including CPS CEO Pedro Martinez, are due in court Feb. 25.
