S.B. v. Lee, No. 3:21-cv-00317, Amended Memorandum Opinion and Order (E.D. Tenn. Oct. 12, 2021)

The record

Jurisdiction

Tennessee (Knox County) · Tennessee

Level

Court

Authority

Fed. R. Civ. P. 65; Title II of the ADA

Issued

2021-10-12 Oct. 12, 2021

Effective

Oct. 12, 2021 (read as 2021-10-12)

End

Modified Oct. 18, 2021 and later orders (read as 2021-10-18)

In force

Oct. 12, 2021 to Oct. 18, 2021

Limitation types

Face-covering requirementSchools and child careCourts and public offices

Addressees

• Governor Lee
• Knox County Board of Education

Functions reached

• post-period for Knox County (Oct. 12, 2021); the opinion's findings describe the Q3 2021 conditions: Knox County Schools 'on fire' with COVID-19, and the Shelby County Health Department's Aug. 2021 school and day-care mask order

Collection

Tennessee TN

Operative words

why would a board of education bother acting to adopt a mask mandate when Governor Lee's executive order allows students not to comply with it? Governor Lee's executive order reduces any board of education's mask mandate to a mere paper tiger. Just consider the facts in a similar case, G.S. by and through Schwaigert v. Lee, ___ F. Supp. 3d ___, 2021 WL 4057812 (W.D. Tenn. Sept. 3, 2021). In that case, the Shelby County Department of Health entered an order requiring 'all K-12, Pre-K schools, and Daycare facilities to require [masks]'... Because his executive order forestalls Plaintiffs from pursuing an alleged reasonable accommodation under the ADA, the Court clearly has license to enjoin his executive order and is likely to do so.

Enforcement

Notes