Education

Judge dismisses suit against QPS mask, temperature check requirements


H-W File Photo
By Herald-Whig
Posted: Aug. 6, 2020 10:50 am Updated: Aug. 6, 2020 3:49 pm

QUINCY — A lawsuit against Quincy Public Schools requirements for face masks and temperature checks has been dismissed.

Judge Roger Thomson, in an hour-long Thursday morning hearing with all parties appearing remotely by video conference, dismissed the case filed by Roni Quinn, the parent of a fourth-grader in Quincy Public Schools.

School Board Attorney David Penn, who sought to dismiss the lawsuit, said he was pleased by Thomson's ruling.

"It was lawful authority to do what the school district has done," Penn said. "But most important, the district is happy to be moving forward from legal proceedings and back into a school year, working with its students. Educating them is the mission of the Quincy school district."

Quinn's attorney, Thomas DeVore, has 21 days to decide whether to file an amended complaint.

Quinn filed the lawsuit against the Quincy School Board last month seeking an injunction barring it from enforcing face mask and temperature check requirements for her child, who attends a school in the district.

As part of its plan to reopen schools, the school district said that all students will be required to wear face coverings and will be screened for a temperature check before entering a bus or a school, with those having a temperature above 100 degrees being isolated and sent home.

The lawsuit seeks a declaration that the mandated face coverings and temperature checks are unlawful because the mandates were issued "for no other reason than the general purpose of trying to prevent the spread of an infectious disease" and in Illinois, "health regulations which merely tend to prevent the spread of an infectious disease are unlawful."

DeVore argued the School Board had no legislative authority to require the masks and temperature checks to exclude the child from school, but Thomson in issuing his decision said "the Board of Education does have the authority now to enact rules" linked to health and safety.

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