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August 10, 2022

29K Educators Were DENIED Their Petition To Intervene In Mask-Related Lawsuit

By John Kraft & Kirk Allen

On December 31, 2021

Springfield, IL. (ECWd) –

The petition to intervene in a mask-related lawsuit by approximately 29,000 educators, teachers unions, and related associations was DENIED yesterday in Sangamon County Circuit Court.

From the Denial Order:

  • The Court now having considered the record, including arguments of counsel, all filed pleadings, memoranda, affidavits, and exhibits denies the motion.
  • the Court finds that the representation of the intervenors’ interests are already adequately represented in that the Illinois State Board of Education and the State Superintendent are already named defendants.
  • While intervenors assert that if plaintiffs are successful in obtaining an injunction, the safety of the workplace will be put in jeopardy as Covid-19 spreads uncontrollably in their respective schools, the Court finds this statement speculative and not supported by any facts. As plaintiffs’ counsel stated during oral arguments, counsel is not seeking an across the board ruling that students do not have to wear masks, he is merely attempting to obtain due process for the students in conformance with the laws. An interest that is speculative, hypothetical, or incidental does not constitute an interest sufficient to warrant intervention.

Read the order below (or here):

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