For the time being, at least, masks must be worn in Shelby County Schools, with no exceptions. On Friday, September 3rd, federal Judge Sheryl Lipman issued a temporary restraining order against Tennessee Governor Bill Lee’s Executive Order 84, which allows parents to opt their children out of mask mandates issued by school districts, such as Shelby County Schools.
Lee’s executive order was issued on August 16th. Shelby County parents of two children with disabilities filed a lawsuit on Friday, August 27th, and filed a Motion for Temporary Restraining Order and Preliminary Injunction. In the wake of a hearing on Monday, August 30th, the federal judge issued the order, which temporarily blocks Lee’s order.
The parents claim that Lee’s Executive Order 84 denies children with disabilities their rights under the American with Disabilities Act by denying them the ability to “access reasonable protection from the threat of exposure” from Covid-19.
“Plaintiffs seek urgent relief preventing the enforcement of Governor Lee’s Executive Order No. 84 (‘Executive Order’), which provides parents or guardians of children in Tennessee the right to opt out of wearing masks in schools, even if the school, school system, local health department or other governmental entity otherwise requires that masks be worn,” the judge’s ruling says.
Lee argued that the plaintiffs have no standing, as the students “have not been excluded from a public service or program.” But, according to the judge’s order, “Plaintiffs offered sufficient evidence at this stage for the Court to conclude that the Executive Order’s opt-out provision interferes with Plaintiffs’ ability to access services at their public schools through a reasonable accommodation — required mask coverings — as required by the 3 Shelby County Health Department’s Health Directives.”
A hearing on the Motion for Preliminary Injunction is set for Thursday, September 9th.
