Illinois Appellate Court reinstates Chicago Public Schools' right to enforce COVID vaccine mandate
CHICAGO (CBS) -- The Illinois Appellate Court on Thursday reinstated the Chicago Public Schools' right to enforce a COVID-19 vaccine mandate for its staff.
On April 8, a judge in downstate Sangamon County had blocked CPS from taking disciplinary action against six teachers who had challenged the rule. Two of the teachers had been warned they would be suspended for failing to get vaccinated or submit to mandatory COVID-19 testing, and the other four agreed to be tested on a weekly basis.
But all filed suit, claiming they were "suffering continuing harm in that each is being subjected to an unlawful vaccination or testing policy without being provided their statutorily protected rights of due process of law by [defendant]."
The downstate judge issued a temporary restraining order against CPS – ruling that the teachers had provided a legitimate challenge to CPS' authority.
But the appellate court did not agree.
The higher court noted that the downstate judge said the Illinois General Assembly had "made it clear that plaintiffs have a due process right to object before being subjected to vaccination, testing, isolation, or quarantine, all of which are alleged to prevent the spread of an infectious disease." But the statute which the downstate judge relied upon does not say a school district needs a court order to discipline a teacher for refusing to get vaccinated or tested. Instead, the appellate court said, it says an individual has due process rights if they do not consent to a public health order – which does not apply in this case.
CPS has not been vested with broad powers to enforce COVID-19 mitigations, but has merely adopted workplace rules for protection of students and staff, the panel said.
Thus, the lower court order was vacated.
CPS released the following statement:
"Chicago Public Schools (CPS) has made the safety and well-being of our students and staff a priority since the onset of the pandemic. The appellate court's ruling confirms the District's right to act affirmatively on behalf of our school communities. As of today, more than 90 percent of CPS employees are vaccinated, demonstrating a shared commitment to keeping our employees, students, and their families safe."
