Covid Mask Ruling Appeal
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Crains Chicago BusinessCovid Mask Ruling Appeal
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2/7/2022 12:00 AM
Paul Palazzolo
7th Judicial Circuit
Sangamon County, IL
2021CH500005
APPEAL TO THE APPELLATE COURT OF ILLINOIS
FOURTH JUDICIAL DISTRICT
FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
SANGAMON COUNTY, ILLINOIS
MARK AND EMILY HUGHES as the )
parents and guardians of students G.H. )
and L.H., as well as on behalf of all )
parents and guardians of students )
similar situated, ) No. 2021-CH-500005
)
Plaintiffs-Appellees, )
) The Honorable
v. ) RAYLENE GRISCHOW,
) Judge Presiding.
HILLSBORO COMMUNITY SCHOOL )
DISTRICT #3, a body politic and )
corporate, and DAVID POWELL )
as Superintendent of HILLSBORO )
COMMUNITY SCHOOL #3, )
)
Defendants, )
)
and )
)
ILLINOIS DEPARTMENT OF PUBLIC )
HEALTH; DR. NGOZI EZIKE, in her )
official capacity as Director of the )
Illinois Department of Public Health; )
ILLINOIS STATE BOARD OF )
EDUCATION; DR. CARMEN I. AYALA )
in her official capacity as Director of the )
Illinois State Board of Education; and )
GOVERNOR JAY ROBERT )
PRITZKER, in his official capacity.
)
Defendants-Appellants. )
NOTICE OF INTERLOCUTORY APPEAL
PLEASE TAKE NOTICE that Defendants Jay Robert Pritzker, Illinois State
Board of Education, Dr. Carmen I. Ayala, Illinois Department of Public Health, and
Dr. Ngozi Ezike, by their attorney, Kwame Raoul, Attorney General of the State of
Illinois, hereby appeal to the Illinois Appellate Court, Fourth Judicial District, based
on Illinois Supreme Court Rule 307(d), from the interlocutory order entered by the
Honorable Judge Raylene Grischow of the Circuit Court for the Seventh Judicial
Circuit, Sangamon County, Illinois, on February 4, 2022, which granted plaintiffs’
motion for a temporary restraining order. A copy of the circuit court’s order is
attached hereto as Ex. A.
By this appeal, Defendants Jay Robert Pritzker, Illinois State Board of
Education, Dr. Carmen I. Ayala, Illinois Department of Public Health, and Dr.
Ngozi Ezike respectfully request that the appellate court reverse and vacate
the circuit court’s order, dissolve the temporary restraining order, and grant
any other appropriate relief.
Respectfully submitted,
KWAME RAOUL
Attorney General
State of Illinois
By: /s/ Carson R. Griffis
CARSON R. GRIFFIS
ARDC No. 6306068
Assistant Attorney General
100 West Randolph Street
12th Floor
Chicago, Illinois 60601
(312) 814-2575 (office)
(773) 590-7116 (cell)
CivilAppeals@ilag.gov (primary)
Carson.Griffis@ilag.gov (secondary)
February 6, 2022
2
Ex. A
CERTIFICATE OF FILING AND SERVICE
I certify that on February 6, 2022, I electronically filed the foregoing Notice
of Interlocutory Appeal with the Clerk of the Circuit Court for the Seventh Judicial
Circuit, Sangamon County, by using the Odyssey eFileIL system.
I further certify that the other participants in this case, named below, are
registered service contacts on the Odyssey eFileIL system, and thus will be served
via the Odyssey eFileIL system. As a courtesy, the other participants also will be
served via e-mail.
Luke M. Feeney Thomas G. DeVore
lfeeney@millertracy.com tom@silverlakelaw.com
Under penalties as provided by law pursuant to section 1-109 of the Illinois
Code of Civil Procedure, I certify that the statements set forth in this instrument
are true and correct to the best of my knowledge, information, and belief.
/s/ Carson R. Griffis
CARSON R. GRIFFIS
ARDC No. 6306068
Assistant Attorney General
100 West Randolph Street
12th Floor
Chicago, Illinois 60601
(312) 814-2575 (office)
(773) 590-7116 (cell)
CivilAppeals@ilag.gov (primary)
Carson.Griffis@ilag.gov (secondary)