Four school employees in St. Charles and Geneva are challenging Gov. J.B. Pritzker’s vaccine mandate in Kane County Circuit Court, arguing their employers have no legal right to require them to be vaccinated or tested for COVID-19.
Pritzker’s mandate, which was announced in late August, specified school employees had to receive at least a first dose of the vaccine by Sunday. If they didn’t, they would have to submit to COVID-19 testing at least once a week.
St. Charles Unit District 303 second-grade teacher Nicole Cournaya, middle school teacher Jeffrey Otterby and administrative assistant Christine White, and a Geneva Unit District 304 bus driver instructor Terry Todd, are challenging the governor’s measure.
Attorney Patrick Walsh said they are asking for a temporary restraining order to stop enforcement for 30 days and give the court time to hear more evidence about the mandate. A hearing is scheduled for 9 a.m. Wednesday before Kane County Judge Kevin Busch.
The lawsuit, which asks a judge to prevent the districts from denying the four employees access to schools if they are not vaccinated or tested, was filed Friday. The complaint was filed against the districts and their superintendents.
St. Charles School District spokeswoman Carol Smith said in a statement the district is aware of the lawsuit and is working with legal counsel to address the matter.
“As a district, our priority continues to be to provide as much in-person learning in as safe an environment as possible for our students and staff members,” Smith said.
Attempts to reach Geneva School District 304 were not immediately successful.
The lawsuit argues the districts are interfering with the four employees’ rights by enforcing a “modified quarantine,” mandated by the governor’s executive order. They say the governor has no authority to enforce a modified quarantine and that only the local health department or the Illinois Department of Public Health has the authority.
“The governor doesn’t have the authority to issue a quarantine and it is a quarantine without due process,” Walsh said. “The plaintiffs aren’t given a chance to be heard by a court.”
Walsh is asking the ruling in the matter affect all employees within both school districts.
mejones@chicagotribune.com
