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New Health Order Keeps Masks, Despite Falling Numbers

While Shelby County Covid numbers are falling, a new health directive keeps masks in place, and tells some businesses to be ready to implement mandatory vaccines or weekly testing. 

The new health order comes as several major events occurred since the previous order. Cases have declined. Booster shots are available for some. Masks are, once again, mandated in schools here. Vaccine or testing mandates are expected. Pfizer is seeking approval to use its vaccine in children over age 5.     

Here’s how the Shelby County Health Department characterizes the area’s current Covid situation: 

“Shelby County is beginning to experience a small decline in Covid-19 cases, and while this gives reason to hope, the best way to continue on this path is to remain vigilant in our efforts to combat the disease. Generally speaking, this means: Get vaccinated. Wear a mask. Stay home if you are sick. 

“The danger in letting down our guard right now is that we experience a plateau in cases followed by another surge. The most troubling aspect of this surge is the impact on children and the marked increase in pediatric cases compared to last year. This is why masking in schools, with appropriate exceptions, is a must. The department considers in-person learning a vital element of education and pediatric health.

”Shelby County is still considered by the [Centers for Disease Control and Prevention – CDC] to be an area with a high rate of community transmission of Covid-19. In large part, this is due to the low percentage of vaccinated people in the county and in Tennessee. Vaccination is the most important strategy to prevent severe illness and death.”

One substantial change in the new order is that businesses and schools must report positive cases to the health department within 24 hours. Another new change requires businesses and schools to post signs reading “mask required” at their entrances. 

The new order also taps some business owners to be ready should new vaccine and testing rules be issued from the Occupational Safety and Health Adminstration (OSHA), as is expected. 

“Employers with 100 or more employees should prepare for a new emergency temporary standard from [OSHA] requiring them to mandate that all employees be vaccinated against Covid-19 or else undergo weekly testing,” reads the order. “Please consult with your legal counsel about coverage and implementation of the emergency standard.” 

The new order is set to expire on Sunday, October 31st. It can be changed or renewed depending on changes in the county’s case rate, hospital capacity, or vaccination rate. 

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Cost, Complexity At Heart of Judge’s Ruling on Shelby Mask Mandate

One reason a federal judge struck down Gov. Bill Lee’s mask opt-out order in Shelby County is that students wearing face masks in school is more efficient, easier, and cheaper than Lee’s plan to protect disabled students.

U.S. District Court Judge Sheryl Lipman’s Friday ruling says that Shelby County’s mask mandate for students is legal. The ruling strikes down Lee’s order that allowed parents to opt their children out of the mandate. This means that all students will have to wear a mask at school in Shelby County starting Monday. 

Lee’s opt-out order was delivered in mid-August. Legal challenges to it rose later from Shelby County and private attorneys working for disabled school children at greater risk of Covid’s effects than most. Attorneys said those student could not safely return to school with other maskless students. On these complaints, Lipman had temporarily halted Lee’s order earlier this month, but the order was set to expire Friday. 

The new order states plainly, “schools cannot implement adequate health measures to ensure Plaintiffs’ access to school with the executive order in place.” The “unmasked presence” of other students “creates the danger to these plaintiffs.” 

The order reads that local school boards won’t be able to give these disabled students reasonable accommodation to keep them from harm. Lee’s order, it says, eliminated Shelby County’s mask mandate “to create more costly and complex measures to protect every child with a disability.”

Lipman said Lee and members of his adminstration have said publicly that masks reduce the transmission of Covid-19. Mask requirements were already in place in Shelby County with set-ups for classrooms, hallways, cafeterias, school buses, libraries, and P.E. classes — none of which would need to be changed with the existing mandate. 

To do it Lee’s way and individualize processes and supports for disabled students could possibly come with new facilities like larger gyms or outdoor seating areas. It could also call for more teachers to monitor masked and unmasked students, as well as complex policies and schedules for moving between classes or to school buses. All of these could change, too, if parents change their minds on masking their children.

”The accumulation of costs, alternative schedules, and other changes stands in stark contrast to the cost-effective, minimally burdensome requirement for children to wear masks when at school,” Lipman’s order reads.     

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Covid: Weekly Positive Rate Falls For Fourth Week Straight

The weekly average of positive Covid tests fell again last week for the fourth week in a row, according to Friday data from the Shelby County Health Department.

The figure is one indicator that the peak of the summer, Delta-variant surge could be behind the Memphis area. Another indicator, the seven-day rolling average of new cases fell this week from just over an average 700 new cases per day to just over 600 average new cases reported per day.

Active Covid cases continue to fall. As of Friday morning, 6,281 people were known to the health department to be Covid-positive. That figure includes 2,091 pediatric cases. The overall active case count was over 7,000 last week.

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Mask Mandate Ordered Through September

Masks could be required through the end of September, unless Shelby County’s Covid-19 situation improves, and employers should require workers to be vaccinated or be regularly tested. 

That’s all according to a brand new health directive issued by the Shelby County Health Department (SCHD) Friday morning. The new order renews the mask mandate for most indoor spaces issued last week.   

The mask order could be renewed at the end of next month, health officials said. It could also be loosened in September if the county reaches a vaccination rate of 70 percent. Friday data show the county is 65.5 percent of the way to that goal of vaccinating 700,000 residents. On average this week, 2,119 people were vaccinated each day. The mandate could also be loosened if hospital capacity falls or cases fall in general. 

Credit: Shelby County Health Department

The new order also “strongly encourages employers to require COVID-19 vaccinations or regular COVID-19 testing for all unvaccinated employees, including those who are asymptomatic.”  While it’s only a suggestion, this part of the order is likely to rile those preferring personal liberty over public health. 

The final part of Friday’s order just cleans house, defining the difference in a third dose of the vaccine for those with immunocompromised conditions (which is reccomened now) and a booster for those who are fully vaccinated (expected this fall, according to SCHD). 

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Shelby County Mask Mandate Returns Friday

Face masks will once again be mandated for all indoor public settings in a new order from the Shelby County Health Department (SCHD) that goes into effect Friday morning. 

Health officials say the change comes as new daily Covid cases surpass 638. The mandate is for everyone aged two and older, no matter their vaccine status, and begins at 7 a.m. Friday. 

Masks will be required in all indoor public settings, like bars and restaurants, common areas of hotels, multi-residential buildings, and private clubs. Masks may be removed at restaurants, bars, and other eating/drinking establishments by customers when they are seated. 

Masks can also be removed for other activities like doing cardio activity inside a gym, some grooming activities like getting a facial, and theater performances. SCHD recommends outdoor settings for strenuous exercise. 

Masks will remain optional in outdoor settings. Though, masks are recommended for unvaccinated individuals in crowded outdoor settings.

“We must have a universal mask mandate in Shelby County, and it needs to happen quickly,” said SCHD director Michelle Taylor. “The studies show that if we at least did that today we could see a slowing in the transmission rate in five to seven days. The mask mandate is absolutely needed to give our hospitals and the residents of Shelby County a fighting chance against the Delta variant.”

Shelby County Health Officer Bruce Randolph said the mandate could be rolled back to a recommendation if improvements are made in rates of Covid positivity, hospitalizations, and deaths. They’ll be relaxed, too, if at least 70 percent of Shelby County residents (age 12 and up) are fully vaccinated, he said. 

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Politics Beat Blog

County Commission Approves Stepped-Up Mask Measures

The Shelby County Commission, meeting in committee on Wednesday, has moved to support stepped-up responses to meet the mounting menace of a Delta variant surge. 

After listening to testimony from Shelby County Health Department director Dr. Michelle Taylor indicating her intent to issue directives requiring a new 30-day universal mask mandate in Shelby County and reinstituting six-foot social distancing indoors, a Commission majority cast votes in favor of the directives.

The majority also approved a resolution, advanced on Tuesday by the body’s Black caucus and supported by the Memphis City Council, asking Governor Bill Lee to rescind his executive order allowing parental opt-outs to mask mandates authorized by governmental or school authorities. 

And the members present voted preliminary approval of a resolution by Commissioner Tami Sawyer to authorize $1.5  million to purchase 300,000 masks from the Henry Mask Company of Memphis.

Before taking the actions and hearing from Dr. Taylor, the Commission had also listened to a group of residents from Collierville criticizing the Governor’s executive order and seeking stronger responses to resist the wave of new infections, including school mask mandates and procedures allowing students isolation from non-mask wearers in schools.

The Collierville group was in contrast to a group from the same community which had protested against mask mandates at an earlier Commission meeting.

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Masks Recommended Indoors for All In New Health Directive

Masks will be recommended indoors for all — including vaccinated people — in Shelby County in a new health directive that goes into effect at noon Tuesday.

The Shelby County Health Department (SCHD) issued the new health directive Tuesday morning. It is slated to take effect at noon and end August 31st.

Highlights of the new health directive include:

• A new section on “vaccinations and testing,” that strongly encourages everyone to get vaccinated if they are eligible and strongly encourages employers to require regular COVID-19 testing for all unvaccinated employees, including those who are asymptomatic

• A section that highly recommends masks in all indoor settings that are open to the public regardless of whether you are vaccinated

• A section that highly recommends masks in other circumstances that conform with CDC guidance for areas with high transmission rates (i.e., Shelby County)

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Wildfire Smoke Triggers Local Air Quality Alert

An air quality alert is on as smoke from wildfires entered Shelby County Tuesday.

Wildfires burning in California, Washington state, and Canada have brought similar air quality alerts to Pittsburgh, Philadelphia, and New York City. 

(Credit: USDA Forest Service)

The Shelby County Health Department (SCHD) said air monitors registered an increase of particle pollution Tuesday morning. While officials here believe levels may increase through this afternoon and evening, they expect levels to remain in moderate, Code Yellow range.

Here’s the health department recommendation: 

“While the event is not expected to reach the Code Orange range, the health department recommends persons in highly sensitive groups that they may want to avoid prolonged exertion for the next 24 hours. 

“Sensitive groups include persons with lung and breathing conditions like asthma and COPD, those with heart conditions, and the elderly. Excessive particulate pollution due to the smoke could cause those sensitive individuals to experience health effects including shortness of breath, dizziness, coughing, headache, and feeling unwell. If those symptoms persist, they are advised to seek medical attention.

“This statement remains in effect through midnight tonight, but will be updated with the air quality forecast that will be released late this afternoon.”

Here’s a gallery of NASA satellite images of the smoke’s spread:

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Politics Politics Feature

‘Keeping Ourselves Safe’: A Q&A with Michelle Taylor

Dr. Michelle Taylor was nominated last week by County Mayor Lee Harris to be Shelby County’s new Health Department director. Pending a favorable vote from the Shelby County Commission, she will succeed longtime director Dr. Alisa Haushalter and interim director Dr. LaSonya Harris Hall. Here she discusses taking the reins.

Memphis Flyer: Obviously, you’re taking over at a very strategic time when the pressure from the state government is overwhelming. 

Michelle Taylor: But we are more independent than some of the more rural county health departments that are under the state health department umbrella. I believe that Shelby County Health Department has already put out a statement that we intend to continue to push vaccines, in the safety of vaccines, and the importance of vaccines to our county residents and their families. So there’s no pressure to follow the state model. And that’s the nice thing about being a metro health department — we can set our own tone about how we want to message to the population here in Shelby County. We’ll let the state take care of the state, but we’re going to continue to practice good public health, which we’ve been doing for a long time.

What do you recommend about continuing to wear masks?

I like to use myself as an example. When you see me wearing a mask, it doesn’t mean that I haven’t been vaccinated. It doesn’t necessarily mean that I’m immuno-compromised. I wear a mask because I have a daughter who is seven and doesn’t have the opportunity to be vaccinated. And if I am exposed to someone who may have COVID, I don’t want to take the chance of bringing that home. So I mask whether I’m going to the store, whether I’m coming into the county building, when I go to the restroom. I wear my mask. But do I still go out to restaurants? Yes. Do I still go out to walk with my mom? Yes. But every encounter is an opportunity for me to possibly bring something back to my daughter, and so I have to deal with the risk of that. And I wear my mask appropriately, thinking about that. That is a personal decision right now. So you may decide to take a different approach. But for me, in my family, I feel like my approach works best.

But it seems clear to me that if you’re not going to be vaccinated, at least you should wear a mask, right?

I believe so. And that’s what the CDC says. 

Why is there so much resistance to the idea of taking the vaccine?

Well, I will tell you that, you know, even when I was training at East Tennessee State, we had parents that came in that didn’t believe in vaccines. This is not a new issue. This is not new for people. A segment of the population believes that you shouldn’t be taking vaccines. I could go through a week in clinic and have at least one or two sets of parents come in and say, “Well, we’re coming in for a checkup. We’re not coming in for any shots.” So this is not new. I think that with many things, the presence of COVID-19 has magnified what we see but what some people were calling an antivax movement. You know, there are some people who just don’t believe in vaccinations, there are people who don’t believe in all kinds of modern advances in medicine. That’s not a new thing.

Is there any likelihood that the Delta variant can build to the proportions that we had last year?

Well, I hope not, but the Delta variant is very much with us, and it’s very much a risk. And what we can see from the numbers right now is that most of the people who are being hospitalized with COVID, right now, more than likely have the Delta variant, and more than likely have not been vaccinated. And so I think what is going to be important to do, from the health department standpoint, is to make sure that we are messaging what the risks are to the community, so that folks can make decisions about how best to protect themselves, their families, and the community at large.

How important in the chain of  possible infection are teenagers as a group?

Oh, wow. That’s a great question. So teenagers, as we know, are very social human beings. So it is good that the FDA has approved kids 12 and up to be able to get COVID vaccinations, in consultation with their families, if they feel like that’s the right choice for their families. But we know that teenagers, speaking as a pediatrician, tend to their bodies, and their immunities start to act more like adults than children. So at the beginning of COVID, we knew that children were less likely to become infected. And when they did become infected, they were less likely to have severe symptoms. But now that we know COVID has mutated, that maybe that landscape may be changing a bit. And so we really do need to know what’s going on in our teenagers going forward. I do think that that’s going to be important to know what the landscape with COVID is going to look like going forward.

You’re aware of the the campaigns were directed against vaccine chief Dr. Michelle Fiscus, who, of course, lost her job, and state Health Commissioner Dr. Lisa Piercey, for that matter, who’s under a great deal of pressure. Can you foresee that kind of pressure being directed at you?

I cannot foresee that. But I would say that if you interviewed public health professionals across the country, and really across the world, none of them foresaw what we have seen with COVID-19. So if it comes, it comes. it’s not something that would deter me from wanting to step into this role. In fact, that motivates me.

How important a factor in the current state of things is politics ?

Well, politics is quite important. Right now, we know that we’ve seen that over the last 12 to 15 months. A lot of the debate about whether to get vaccinated or not get vaccinated has been driven by politics. But we also know that at the end of the day, for most people, most families, most communities want to be safe. And they’re trying to figure out the best way to be safe, given what they see on the news, given what they see is happening in their own families. So yes, politics plays a part. But I believe that it doesn’t have to be the whole ballgame if we message the people how to protect themselves.

You know, we’ve had enough folks finger pointing. Now let’s get back to some civil conversations about things that we have in common — like how to keep ourselves safe. You know, I tend to look at a community as really a mixed bag of folks. So whether you’re talking about, you know, right versus left, conservative versus progressive, however, you want to turn the population once again, at the end of the day, everybody within the community most of the time, down to a person is really trying to figure out how to keep themselves safe, how to keep their family safe, how to be safe when they go to work. How to be safe when they go to pray, how to be safe when they go out to play. And we have people in this community who like to do that. So no matter what their ideology is, or any contradictions that you may see, that folks may perceive in an ideology, that’s the bottom line. Public health works best when people don’t even know that it’s happening.

I believe most of the people in this community in Shelby County want to get back to that, no matter what their ideology is.

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Taylor Tapped to Lead Health Department

Shelby County Mayor Lee Harris nominated Dr. Michelle Taylor to be the next director of the Shelby County Health Department.

The nomination comes after the March resignation of former director Alisa Haushalter amid a state investigation of wasted COVID-19 doses and untidy vaccine record-keeping. Dr. LaSonya Hall has been serving as interim director.

Taylor is a graduate of White Station High School. She has a B.S. from Howard University, an M.D. from East Tennessee State University, and an M.S. the University of Tennessee Health Science Center. She also earned a Doctor of Public Health at the Bloomberg School of Public Health at Johns Hopkins University, and a Master in Public Administration from Harvard University.

“I believe Dr. Taylor is the right person to lead our health department and pull us all toward shared responsibility,” Harris said in a statement. “She will bring to the job a wealth of knowledge and, as important, compassion and commitment to community.”

Taylor said she was a “military brat” and “Memphis was the only place I lived for more than three years.” 

“God didn’t bring me here with all of this expertise not to give back to the community that has nurtured me and helped me to grow up in so many different ways,” she said. 

Shelby County Commissioner Van Turner said “Taylor is exactly what Shelby County needs.”

“She has the academic credentials, professional skills, and knowledge to lead our health department well into the future,” Turner said. “The fact that she is from right here in Shelby County is an added benefit, but even if she weren’t from here, she’d still be an excellent candidate for this job.”

Taylor has served with the department for several years. She also worked as the associate medical director and deputy administrator for the Maternal and Child Health Public Health Emergency Preparedness Program. Most recently, Taylor worked as an aerospace medicine division chief in the Office of the Air National Guard Surgeon General in the Air National Guard Readiness Center. 

Taylor will be presented to the Shelby County Board of Commissioners’ General Government Committee on Wednesday, July 21st. The full commission will vote on her appointment on Monday, July 26th. If approved, she will begin work on August 2nd.