QUINCY, Ill. (WJPF) — An Adams County judge has dismissed a lawsuit challenging a Quincy school district’s mask requirement.

In his ruling, Judge Roger Thompson said the school board has the power to adopt new rules when it’s necessary to maintain school function to protect the health and safety of the students.

Attorney Thomas DeVore brought the lawsuit citing previous cases, some dating back to 1897, dealing with smallpox vaccines.

Judge Thompson said the state school code has changed significantly since then.

DeVore now has a 21 day window to amend and refile the lawsuit.