Craig Anderson
SPRINGFIELD — A Montgomery County attorney is suing the Illinois High School Association over whether entities have the authority to enforce mask mandates for student athletes.
Also listed in the suit are Craig Anderson, who serves as the IHSA executive director, and Hillsboro Community School District No. 3.
Thomas DeVore, who practices in the St. Louis area, sued on behalf of his two children, athletes who will be seniors in schools Hillsboro. He claims they will be irreparably harmed by participation rules the IHSA introduced this month.
DeVore on Tuesday said the IHSA can't legally enforce the mask requirement.
"When a governmental body or someone you believe is in a position of power over you tells you to do something, you have to ask the question, 'Do you have the authority to do that?'" DeVore said.
Anderson declined to comment on the lawsuit, but provided the following statement: “We are aware of the lawsuit and do not plan on commenting on ongoing litigation at this time. All of our efforts remain focused on working with the top medical professionals in the state to try and provide the safest framework possible for the return of our students to IHSA sports and activities in 2020-21.”
Later on Tuesday, the IHSA announced it would be deferring to the Illinois Department of Health (IDPH), the Illinois State Board of Education (ISBE) and the Governor's Office on all of its "Return to Play" guidelines.
“There is an unprecedented level of planning for this school year due to COVID-19, and we have come to understand that there needs to be a greater consistency between the guidelines for returning to learn and returning to interscholastic athletics,” Anderson said in a statement. “Some of the recommendations by the IHSA Sports Medicine Advisory Committee (SMAC) and directives from IDPH have come into direct conflict with each other, especially as it relates to the use of masks by student-athletes. As a result, we feel it is important to let IDPH and ISBE provide a consistent direction for our membership moving forward. We will wait on direction from these organizations for further guidance on Return to Play plans for the 2020-21 school year.”
The IHSA announced July 3 that athletes could return to summer practice and competition if schools followed a detailed plan of social distancing and sanitizing. But less than a week later, it announced drastic changes it said Gov. J.B. Pritzker's administration had required, including a greater emphasis on masks and an end to scrimmages in basketball, football, lacrosse, soccer, volleyball, water polo and wrestling.
The lawsuit claims that change came after a COVID-19 outbreak at Lake Zurich High School. According to a July 7 email included in the filing, the school saw positive tests among 10 students who participated in Lake Zurich sports camps, along with one parent who was hospitalized.
Jesse Ruiz, Pritzker’s deputy governor for education, sent Anderson a note the next day, saying the Illinois Department of Public Health would now require all sports participants to wear masks — it was later clarified that the measure doesn’t apply to people outside following social distancing — and would ban any physical contact among athletes.
“I know that changing recently-released guidance is difficult, but I know you appreciate the changes necessitated by ever-changing public health conditions,” Ruiz wrote in an email included in the filing.
The lawsuit claims the rules are “the illegal product of collusion between state agencies, Anderson and the IHSA,” and that the IHSA went beyond its authority in following the state’s directives.
“We have the IDPH and the governor’s office dictating to a private entity that doesn't get state funding,” DeVore said. “They are not controlled by public bodies, the public bodies have no authority.”
DeVore, who has sued the Gov. J.B. Pritzker administration on behalf of business owners chafing against stay-at-home rules, is asking a judge to issue a temporary restraining order that would prevent the IHSA from enforcing the new restrictions.
"My only concern has always been all along is that these types of rules if they are going to be forced on us they have to be done by the legislature," DeVore said.
Despite the changes, Anderson said he's still optimistic there can be sports this fall.
“We still believe there is a path to conducting high school athletics in the fall, like the majority of states surrounding Illinois plan to do,” said Anderson. “To make that happen, it’s important that we allow IDPH, ISBE and the Governor’s Office to take the lead on ensuring the safest and most consistent protocols.”
The Chicago Tribune contributed to this story.
10 ways Illinois schools could look different this fall
FACE MASKS
All individuals in school buildings serving students in grades prekindergarten through 12 must wear a face mask at all times, with limited exceptions, even when social distancing is maintained.
Face coverings do not need to be worn outside as long as social distance is maintained.
SOCIAL DISTANCING
Each school will have to come up with its own plan for keeping students and staff appropriately distanced.
The state is recommending that students get assigned seating and stay in those seats for as long as possible. If possible, desks should be rearranged so they are six feet apart.
Schools are being asked to limit number of people in hallways at the same time. Guidelines suggest that lockers not be used and that locker sharing should be prohibited.
While in-school instruction is strongly recommended for all children, remote learning likely will continue in some form based on individual family and school needs.
HEALTH SCREENINGS
Schools are going to have to take temperatures or require a self-certification of temperature and symptoms for all staff, students and visitors entering school buildings.
Anyone with a temperature of 100.4 degrees Fahrenheit or other known symptoms of COVID-19, such as fever, cough, shortness of breath or difficulty breathing, chills, fatigue, muscle and body aches, headache, sore throat, new loss of taste or smell, congestion or runny nose, nausea, vomiting or diarrhea may not enter buildings.
MUSIC
Indoor rehearsals are discouraged. Districts should consider moving music and band outside and reducing class sizes.
Students should wear face masks while singing and avoid touching, choreography and singing or playing in circles. Instruments should not be shared at any time.
PHYSICAL EDUCATION
Games and sports that require close guarding and any potential physical contact with another player must be avoided to comply with state health guidelines. When possible, physical education should be held outside.
Hand-shaking, high fives or other physical contact is prohibited. Districts should consider not using locker rooms. Use of shared equipment is not recommended.
CAFETERIAS
Schools and districts should consider adding additional meal service times so cafeterias are able to operate with 50 people at a time. Schools may also want to consider having students eat at their desks or outside.
Meals should be individually plated. Buffets, salad bars and the sharing of food and utensils should be prohibited.
PLAYGROUNDS
While playground use is allowed during Phase 4, the state is asking districts to consider making playgrounds off limits to adhere to social distancing requirements.
Playground equipment that is to be used should be monitored, the guidelines state, and there should be a cap on how many students can use the various pieces of equipment at the same time.
SCHOOL BUSES
Face coverings must be worn on buses, too. There can be no more than 50 people on a bus at a time and social distancing must be maintained to the greatest extent possible.
Students will be subject to symptom and temperature checks, which may include self-reporting, before they can get on the bus. Seating charts are recommended.
HEALTH OFFICES
Schools will need to create health care areas that allow students to social distance and provide separate areas for sick and healthy children.
Health care offices should contain a supervised quarantine space for staff and students experiencing what could be COVID-19 symptoms.
FIELD TRIPS
Field trips are discouraged at this time. The state is hoping that schools hold off on any field trips until health officials determined they are safe. The CDC recommendation is to use virtual activities and events instead.
Tom DeVore
Contact Analisa Trofimuk at (217) 421-7985. Follow her on Twitter: @AnalisaTro
