Chicago City Wire

Chicago Public Schools is defying a judge’s order mandating schools not treat differently students who choose not to mask up or get tested as a condtion of attending the city's public schools.

Most of the state’s schools have gone mask-optional or defined a date to go mask-optional in the wake of an appeals court ruling noting the unconstitutionality of Gov. J.B. Pritzker’s mask mandate.

In a letter to parents, CPS CEO Pedro Martinez said that the school system would not be following the appellate court decision.

"We will continue to follow these proven protocols until such time as our public health partners advise us that restrictions can be safely lifted," Martinez said in a statement.

Martinez’s statement comes in defiance of two court orders and a pending contempt of court hearing.

This means 340,000 students in the nation’s third largest school district will remain subject to the mask and test mandates, per Martinez.

The stance comes just after a late Thursday ruling from Illinois’s Fourth District Appellate Court.

Pritzker has now appealed that ruling in what will likely be a final attempt to keep kids masked indefinitely.

That Fourth District backed up an earlier ruling by Sanganmon County Judge Raylene Grischow striking down the mask mandate.

In that ruling, Grischow said Pritzker’s blanket state of emergency orders for schools mandating masks and testing through the Illinois Department of Public Health were "null and void." She said the governor and his agencies have been mandating rules upon students illegally.

CPS continues to take the governor’s lead instead of following the courts.

Prior to the appellate court ruling, Grischow ordered CPS and Martinez to appear in front of her for a contempt of court hearing.

CPS, like many other non-compliant schools in Illinois, has been violating court orders by isolating students who opt to make masks optional.

The environment has led to protests at outlier school systems who are delaying mask optional learning.

Despite suffering back-to-back losses regarding the constitutionality of his mask mandate and other executive orders, Pritzker is still suggesting masks be worn.

Pritzker "urges everyone to continue following the doctors’ advice to wear masks so students can remain safely learning in classrooms" Pritzker Administration spokesperson Jordan Abudayyeh said in a statement.

In contrast to Pritzker’s statements, several peer-reviewed studies have shown that common cloth masks worn by 84 percent of the population have no effect on virus transmission.

Martinez was recently featured in a Valentine's Day tweet in which he violates his own COVID protocols by standing too close to students and staff.


See Martinez’s complete message to parents below:

A message from CHICAGO PUBLIC SCHOOLS

Dear CPS Colleagues and Families,

You may recall that on February 4, a downstate court issued a legal decision regarding

Governor Pritzker's requirements for COVID-19 safety measures in schools. This decision was

immediately appealed by the Illinois Attorney General, and today, we received the results of

that appeal.

Late last night, the appellate court confirmed that CPS has the authority to enforce key

COVID-19 safety measures, including the required use of masks by all students and staff

while they are at school.

We are gratified by the court's decision, as universal masking and other proven safety

measures are what have allowed us to provide our students with the in-person learning

environment they need throughout this school year. We will continue to follow these proven

protocols until such time as our public health partners advise us that restrictions can be

safely lifted.

We are encouraged to see COVID-19 cases dropping, and we remain optimistic about what

this will mean for our school communities in the future. For now, though, our top priority must

continue to be safety and stability for CPS students, staff, and families.

Sincerely,

Pedro Martinez

Chief Executive Officer