Illinois (ECWd) -
Downstate Attorney Tom Devore has filed an amended complaint and a Motion for Summary Judgement against the Illinois Department of Public Health and State Board of Education.
The Verified Amended Complaint, on behalf of James and Kali Mainer, seeks a declaratory judgement for all parents and all children in the state in asking the Court to declare the face-covering, temperature check, and 50-person limits be declared beyond the authority of the IDPH and ISBE, and, a permanent injunction for the IDPH and ISBE rulemaking be within their granted authority and not arbitrarily and capricious, and, barring defendants from enforcing any or all of the aforementioned rules from this date forwards.
In the Motion for Summary Judgment and its accompanying memorandum, the Mainers detail the authority and lack of authority of the IDPH and ISBE, and pray for the same relief as in the Amended Complaint, and for it to apply to all parents, guardians, and children in this state.
Supporting caselaw is supplied within the filed documents.