The teachers’ strike in Chicago will not stop for at least two more days, after a judge refused on Monday to hear the city’s request for a temporary restraining order that would have forced teachers back into the classroom.

The Chicago Tribune reported that Cook County Circuit Court judge Peter Cook might address the issue at a Wednesday hearing, according to a city spokesperson.

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Sunday, Mayor Rahm Emanuel had threatened to pursue an injunction to end the strike after the Chicago Teachers Union opted not to vote on a proposal that would have settled the strike.

In its complaint, the city argued that issues unrelated to wages, like classroom size and length of the school day, are not defined as strikable issues under the Illinois Educational Labor Relations Act. The city also says the strike presents a “clear and present danger” to public safety by depriving students of critical services.

An associate professor at DePaul University told WGN-TV that the city might find it hard to prove its case in court.

“There is the legal right to strike in Illinois,” said Andrea Kayne Kaufman, who teaches courses in human resources management and home, school and community relations at the university. “[To say] any strike harms children, I don’t think that’s going to be the theory that’s successful here.”

WGN-TV’s report on Monday’s developments can be seen below.