Springfield, IL - The man representing many Illinoisans filing lawsuits against Gov. JB Pritzker and state agencies throughout this pandemic has filed a lawsuit of his own. Tom DeVore will face the Illinois High School Association in Montgomery County court. The Silver Lake Group Attorney filed his lawsuit against the IHSA on behalf of his student athletes Monday afternoon. The suit would apply to all minor students in similar athlete situations.
DeVore says the organization doesn't have the authority to enforce a mask mandate while students play sports. He told the Capitol Bureau some school districts are canceling extracurricular activities because of the IHSA guidelines.
Emails obtained by the Bureau show the IHSA doesn't plan on policing schools for violating the guidance. In fact, the organization's Executive Director, Craig Anderson, admits they don't have the authority to penalize schools refusing to comply with the rules.
DeVore wants to see medical experts testify before the General Assembly to hear their thoughts on the guidelines.
"Do we need kids wearing masks when they're running up and down the court? Yes or no," DeVore asked. "If we do that, what's the risks? Can a kid pass out, can a kid get carbon dioxide poisoning? That's where the legislative branch gets to make those decisions."
DeVore says Pritzker should call for a special session for lawmakers to discuss the health guidelines for IHSA and the Illinois State Board of Education (ISBE).
"When governors start doing these things, I don't think people like it," DeVore explained. "They're more willing to accept it, even if they're not satisfied, if it goes through the legislative process because at least they feel that their voice has been heard."