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Tennessee

The Tennessee file holds 86 instruments from the State's governor, health authorities, courts and agencies, 83 of them with the exhibit file held by The COVID Project. 239 records in the Library resolve to Tennessee in all, counting its metros, the agency clusters and the standing duties.

Code TNFirst closure or stay-at-home order Mar. 23, 2020 Ex. TN-004End of general restrictions Jan. 31, 2021Orders reaching 2021 Q3 11Primary source read 81 Confirmed from a secondary source 5
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The Tennessee file

The record in brief

Tennessee's regime was a Governor-driven statewide closure and stay-home period (March 22 to April 30, 2020), a Governor-driven reopening with continuing closures, capacity steps and gathering caps through September 30, 2020, a winter re-tightening (December 20, 2020 to January 31, 2021), a county-driven mask regime under delegated authority (July 3, 2020 to April 28, 2021), and a health-care and school layer that ran through September 30, 2021 under a state of emergency that the Governor declared on March 12, 2020 and kept in force without a gap until November 19, 2021. Every instrument recites Tenn. Code Ann. § 58-2-107 and every violation of a Title 58 order is a Class A misdemeanor under § 58-2-120 (EO 54 ¶ 6 says so for the county mask orders in terms). The 2020 Q2 record (wages from March 13, 2020) is the strongest: EO 17 (effective March 23) closed dining rooms, bars and gyms, barred gatherings of ten or more and barred nursing-home visits statewide; EO 21 (March 30) closed salons, barbers, spas, tattoo and massage businesses, nightclubs, bowling alleys, arcades, concert venues, theaters, racetracks, children's play areas, amusement parks and skating rinks; EO 22 (effective 11:59 p.m. March 31) closed every business not performing an Essential Service 'for access or use by the public,' urged every person to stay home, directed employers 'to equip and permit employees to work from home,' barred employers from allowing known positives to work, and limited schools to distance learning and food service; EO 23 (April 2) made the stay-home order mandatory ('all persons in Tennessee are required to stay at home'); EO 27 (April 13) extended all of it to April 30, 2020; EO 18, 25 and 31 barred non-emergency dental care from March 24 to May 6 and elective and non-urgent procedures at every health care facility from March 24 to April 30. Reopening in the 89 counties without a locally run health department came by EO 29 (restaurants at 50 percent seating from April 27), EO 30 (retail at 50 percent occupancy and general reopening from April 29, with salons, bars, live venues, theaters, amusement and senior centers still closed, a ten-person gathering cap, nursing homes closed to visitors, and every employer 'strongly urged' to require telework), EO 33 (close-contact services from May 6), EO 35 (small-group recreation from May 8) and EO 38 (effective May 22: bars and venues reopen with seated service only, a fifty-person cap on social and recreational gatherings, contact sports prohibited, positives ordered home and employers barred from allowing them to work). The six locally run county health departments (Davidson, Hamilton, Knox, Madison, Shelby, Sullivan) were expressly left free to keep or impose stricter closures (EO 29 ¶ 5; EO 30 ¶ 13.c; EO 38 ¶ 13.c). In 2020 Q3, EO 50 and EO 59 carried the EO 38 regime (fifty-person cap, bar seated-service rule, LTC visitation limits, isolation of positives) to 11:59 p.m. September 30, 2020; EO 54 (July 3) delegated mask authority to the 89 county mayors and, by mid-July 2020, Davidson, Dickson, Greene, Hamblen, Hamilton, Hancock, Hawkins, Knox, Madison, Montgomery, Robertson, Sevier, Shelby, Sullivan, Sumner, Washington and Williamson Counties had mask mandates; the Tennessee Supreme Court kept jury trials suspended to July 3, 2020 and in-person proceedings under approved district plans, and from July 9, 2020 required masks in every courthouse. EO 63 (effective 11:59 p.m. September 30, 2020) ended the statewide gathering cap and the bar seated-service rule for the 89 counties and turned distancing into advice; what remained in 2020 Q4 was the LTC visitation regime, the isolation mandate and employer bar, county mask orders (twenty-five counties covering 66 percent of the population by November 16, 2020, per the contemporaneous chronology), the six metro departments' orders and the courts' orders. The winter re-tightening was EO 70 (effective 11:59 p.m. December 20, 2020): no group of ten or more in any indoor public place, no spectators at youth or school sports, employers 'strongly urged' to require telework, through January 19, 2021, with EO 74 carrying the spectator ban and telework urging to January 31, 2021 (EO 75); the Supreme Court suspended jury trials from November 23, 2020 to March 31, 2021 and all in-person proceedings from December 28, 2020 to March 15, 2021. In 2021 Q1 and Q2 the statewide layer thinned in steps: EO 73 (to February 27, 2021) kept LTC visitation limits, the isolation mandate and county mask authority; EO 77 (February 27 to April 28, 2021) kept county mask authority, the health-care flexibilities and alcohol-to-go but dropped the LTC and isolation mandates; EO 80 (effective 11:59 p.m. April 28, 2021) withdrew the county mask delegation and the Pledge; EO 81 (May 31 to July 30, 2021) declared a 'limited continuing state of emergency' to facilitate 'recovery from the ongoing effects of COVID-19.' In 2021 Q3 the instruments in force were EO 81, EO 82 (July 30 to August 31: businesses 'continue to recover from the ongoing and long-term effects of COVID-19') and EO 83 (August 6 to October 5, extended to November 19 by EO 88 and 90: the Delta-wave order reinstating the health-care emergency flexibilities because 'hospitalizations are increasing'); EO 84 (August 16 to November 12, 2021) giving parents a right to opt out of any school mask requirement, enjoined in Shelby County (September 3), Williamson County and Franklin (September 24) and Knox County (October 12); the Supreme Court's May 14, 2021 order (three-foot courtroom distancing; judicial emergency continuing) and August 26, 2021 order (positives and exposed persons barred from court; districts urged to reimpose masks); Pub. Ch. 550 (effective May 26, 2021) barring any governmental vaccination-proof requirement; the six metro county health departments' 2021 directives (BNA scope); the school boards' 2021-22 mask policies and TDH quarantine guidance; and the federal layer. Tennessee imposed no travel quarantine, no statewide mask mandate, no curfew for COVID-19 and no vaccination mandate; Pub. Ch. 6 (November 12, 2021) later barred them.

The six quarters

What the record shows in force in Tennessee on the first day and the last day of each quarter. Every exhibit named here opens its record. The orders of March 13 to 31, 2020 belong to the second quarter of 2020, because wages paid after March 12, 2020 fall in that quarter.

QuarterFirst dayLast day
2020 Q2Second quarter of 2020The quarter nationally →Apr. 1, 2020: EO 22 Safer at Home in force (effective 11:59 p.m. Mar. 31; stay home urged, all non-Essential businesses closed to the public, employers to permit work from home, known positives barred from work) (TN-007); EO 17 and 21 closures (dining rooms, bars, gyms, salons, entertainment venues; 10-person gathering cap; nursing-home visits barred) (TN-004, TN-006); EO 18 elective and dental procedures barred (TN-005); Supreme Court in-person proceedings suspended (TN-043, TN-044); schools closed statewide (TN-063); Sumner County Safer at Home (TN-076). Wages from Mar. 13, 2020 belong to this quarter: EO 14 (Mar. 12), EO 15 (Mar. 19), EO 16 (Mar. 20), EO 17 (Mar. 22, effective Mar. 23).June 30, 2020: EO 38 in force (50-person cap on social and recreational gatherings; bars and limited service restaurants seated service only; contact sports prohibited; nursing homes closed to visitors except under TDH prerequisites (EO 49, TN-019, TN-052); positives ordered home; employers barred from allowing positives to work; every employer 'strongly urged' to require telework; Pledge guidelines the expected standard) (TN-018), extended by EO 50 that night to Aug. 29 (TN-020); six metro counties under their own orders; Supreme Court jury trials suspended to July 3, in-person proceedings only under approved plans (TN-045); EO 36 regulatory emergency (TN-017); remote notarization (TN-042); electronic public meetings (TN-003).
2020 Q3Third quarter of 2020The quarter nationally →July 1, 2020: EO 38 as extended by EO 50 (50-person cap; bar seated service; LTC visitation limits; isolation mandate; telework urging) (TN-018, TN-020); jury trials suspended to July 3 (TN-045); no statewide mask order; EO 54 mask delegation issued July 3 (TN-021); Hamilton County mask Directive No. 1 from July 10 (TN-069); Montgomery County EO 11 from July 20 (TN-073); Rutherford County order from July 20 (TN-075); Sullivan County EO 1 from July 10 (TN-083); courthouse masks mandatory from July 9 (TN-085).Sept. 30, 2020: EO 59 in force until 11:59 p.m. (50-person cap; bar seated service; LTC visitation; isolation mandate; county mask authority) (TN-023); EO 63 took effect at 11:59 p.m. that night ending the cap and the bar rule (TN-024); Hamilton Directive No. 2 (TN-070); Montgomery EO 11 as extended (TN-073); Rutherford order lifted Sept. 22 (TN-082); Supreme Court district plans and courthouse mask order (TN-084, TN-085).
2020 Q4Fourth quarter of 2020The quarter nationally →Oct. 1, 2020: EO 63 (distancing advisory; LTC visitation limits; senior centers reopened with capacity limits; isolation mandate and employer bar; county mask authority; TSSAA rules for school sports) (TN-024); county mask orders (Hamilton No. 2 then No. 3 from Oct. 9 (TN-070, TN-071); Montgomery (TN-073)); six metro counties' orders; courthouse masks (TN-085).Dec. 31, 2020: EO 70 in force (no group of 10 or more in any indoor public place; no spectators at youth and school sports; employers strongly urged to require telework) (TN-027); EO 73 in force from Dec. 29 (LTC visitation limits; isolation mandate; county mask authority; health-care emergency) (TN-028); EO 68 hospital capacity (TN-026); Supreme Court: jury trials suspended to Feb. 26, 2021 and all in-person proceedings suspended from Dec. 28 (TN-046, TN-047); Montgomery, Hamilton and other county mask orders.
2021 Q1First quarter of 2021The quarter nationally →Jan. 1, 2021: EO 70 (10-person indoor cap; spectator ban; telework urging) to Jan. 19 (TN-027); EO 73 (TN-028); Supreme Court in-person proceedings suspended, jury trials suspended (TN-047, TN-048 from Jan. 15); county mask orders (Montgomery EO 26 to Feb. 27 (TN-074); Hamilton; twenty-plus counties per the contemporaneous chronology).Mar. 31, 2021: EO 77 in force (county mask authority; health-care emergency flexibilities; alcohol to-go; preemption ¶ 13) (TN-031); jury trials suspended through close of business Mar. 31, 2021 (TN-048, TN-049); in-person proceedings resumed Mar. 15 under capacity, distancing and courthouse-mask rules (TN-049); LTC visitation and isolation mandates lapsed Feb. 27; county mask orders in Sevier (to Apr. 15), Dyer and Sumner (to Apr. 28) and the six metro counties per the contemporaneous chronology; EO 16 electronic meetings and EO 26 notarization chains to Apr. 28 (TN-003, TN-010).
2021 Q2Second quarter of 2021The quarter nationally →Apr. 1, 2021: EO 77 (TN-031) with county mask authority to Apr. 28; courthouse masks, six-foot distancing and capacity limits (TN-049); six metro counties' mask orders (Shelby, Davidson, Knox, Hamilton, Madison, Sullivan under their own authority).June 30, 2021: EO 81 limited continuing state of emergency (TN-033); Pub. Ch. 550 in force from May 26 (TN-065); Supreme Court May 14 order (three-foot distancing; judicial emergency continuing) (TN-050); Shelby County Health Department directives (BNA); no statewide business, gathering or mask restriction.
2021 Q3Third quarter of 2021The quarter nationally →July 1, 2021: EO 81 (TN-033); Pub. Ch. 550 (TN-065); Supreme Court May 14, 2021 order (TN-050); judicial state of emergency (ADM2020-00428) continuing; federal layer (CDC conveyance mask order; OSHA Healthcare ETS in effect from June 21, 2021).Sept. 30, 2021: EO 83 (Delta health-care emergency; TN-035) and EO 88 signed that day continuing it (TN-037); EO 84 school mask opt-out (TN-036) and EO 89 signed that day extending it (TN-038), enjoined in Shelby (Sept. 3, TN-086), Williamson and Franklin (Sept. 24, TN-067); Supreme Court Aug. 26, 2021 order barring positives and exposed persons from court and urging districts to reimpose masks (TN-051); Pub. Ch. 550 (TN-065); Shelby County school and day-care mask directive and Nashville orders (BNA); school-board mask policies in Williamson, Franklin and elsewhere (TN-067).

The end of general restrictions

The day the general business restrictions ended in Tennessee, the instrument that ended them, and what the record shows still in force afterward. The end of the general orders is not the end of the record: sector rules, standing duties and the federal layer continue past it.

End of general restrictions

2021-01-31 (last statewide gathering or event restriction); 2021-04-28 (end of county mask authority in the 89 counties); 2021-11-19 (end of the state of emergency)

Instrument EO 63 (Sept. 29, 2020; effective 11:59 p.m. Sept. 30, 2020) ended the statewide 50-person gathering cap and the bar seated-service rule for the 89 counties; EO 70 re-imposed a 10-person indoor gathering cap and a youth-sports spectator ban from Dec. 20, 2020 to Jan. 19, 2021, and EO 74 as cut short by EO 75 (Jan. 28, 2021) ended the last statewide business or gathering restriction at 11:59 p.m. Jan. 31, 2021; EO 80 (Apr. 27, 2021; effective 11:59 p.m. Apr. 28, 2021) ended county mask authority in the 89 counties

What remained in force

After Jan. 31, 2021: EO 73's LTC visitation restrictions and isolation mandate (to Feb. 27, 2021); county mask orders in the 89 counties under EO 54/73/77 (to Apr. 28, 2021); the six locally run county health departments' orders under their statutory authority (Davidson, Hamilton, Knox, Madison, Shelby, Sullivan; into mid-2021 and, in Shelby County, into Q3 2021); the Tennessee Supreme Court's orders (jury trials suspended to Mar. 31, 2021; in-person proceedings suspended to Mar. 15, 2021; courthouse masks to May 14, 2021; three-foot distancing and the judicial emergency through Q3 2021; positives and exposed persons barred from court from Aug. 26, 2021); the health-care regulatory emergency (EO 77, 80, 81, 82, 83, 88, 90 to Nov. 19, 2021); EO 84's school mask opt-out (Aug. 16-Nov. 12, 2021); Pub. Ch. 550's vaccination-proof prohibition (from May 26, 2021); the federal layer (CDC conveyance mask order and TSA directives; OSHA Healthcare ETS from June 21, 2021; CMS nursing-home rules).

Preemption of local orders

Three phases. (1) March 22-April 26, 2020: no preemption. EO 22 ¶ 13 provided: 'Nothing herein repeals, preempts, or otherwise limits the authority, if any, of a locality to issue further orders or measures on these same subjects'; counties and cities issued their own safer-at-home orders (Sumner County Safer at Home Declaration, Mar. 23, 2020, Ex. TN-076; Montgomery County's eight emergency orders recited in Ex. TN-073; the Nashville, Memphis, Knoxville and Chattanooga-area orders in the BNA and Hamilton files). (2) April 27, 2020-April 28, 2021: statewide preemption in the 89 counties with carve-outs. EO 29 ¶ 5 (Apr. 24, 2020): 'This Order shall supersede and preempt any emergency order, health order, or other order issued by a local official or local governmental entity addressing or otherwise related to COVID-19,' reserving to 'the six locally run county health departments in Davidson, Hamilton, Knox, Madison, Shelby, or Sullivan Counties' authority over restaurants; EO 30 ¶ 13.b and EO 38 ¶ 13.b: the Governor's order 'shall exclusively govern on the subjects they concern in the 89 counties that do not have a locally run county health department, and this Order shall supersede and preempt any emergency order, health order, or other order issued by a local official or local governmental entity that contravenes or would limit the application of the provisions of this Order'; EO 30/38 ¶ 13.c preserved the six locally run county health departments' authority to 'permit to a greater degree, or restrict to a greater degree, the opening, closure, or operation of businesses, organizations, or venues... or the gathering of persons,' except that 'no local official or local governmental entity shall issue an order or measure regarding places of worship' or contravene the LTC visitation and isolation paragraphs; ¶ 13.a barred every local order on medical or dental procedures; ¶ 13.d preserved local proprietary orders (government buildings, employees). EO 54 (July 3, 2020) then delegated face-covering authority to the 89 county mayors (with ten mandatory exemptions) and confirmed (¶ 5) that nothing preempted the six metro counties' face-covering authority; EO 55 ¶ 9 barred any local order prohibiting voluntary masking in schools. The delegation was restated in EO 73 and EO 77 (Section C) and deleted by EO 80 effective 11:59 p.m. April 28, 2021. (3) After April 28, 2021: county mayors in the 89 counties had no mask authority; the six metro health departments kept their statutory authority (Tenn. Code Ann. §§ 68-2-601 to -609) until Pub. Ch. 550 (effective May 26, 2021) made county boards of health advisory to county mayors and Pub. Ch. 6 of the Third Extraordinary Session (Nov. 12, 2021) enacted Tenn. Code Ann. Title 14, which barred governmental mask mandates absent 'severe conditions,' barred vaccination-proof requirements by private businesses, schools and governments, and gave the Commissioner of Health 'sole authority' to quarantine. EO 84 (Aug. 16, 2021) overrode local school boards' mask mandates by parental opt-out until federal courts enjoined it county by county (Sept. 3, Sept. 24 and Oct. 12, 2021) and EO 92 terminated it (Nov. 12, 2021).

Third quarter of 2021

July 1 through September 30, 2021, the last claimable quarter: the instruments the record shows in force in Tennessee. An order in force on any day of the quarter is an order in force during it. The quarter nationally →

In force (15)

  • TN-033 EO 81 (limited continuing state of emergency, May 31-July 30, 2021)
  • TN-034 EO 82 (July 30-Aug. 6, 2021; superseded by EO 83)
  • TN-035 EO 83 (Aug. 6-Oct. 5, 2021; health-care emergency flexibilities; Guard deployment; quarantine facilities)
  • TN-037 EO 88 (signed Sept. 30, 2021, continuing state of emergency to Nov. 5)
  • TN-036 EO 84 (Aug. 16-Nov. 12, 2021; school mask opt-out, a State order limiting school boards' mask requirements)
  • TN-038 EO 89 (signed Sept. 30, 2021, extending EO 84)
  • TN-067 R.K. v. Lee TRO (Sept. 24, 2021) enjoining EO 84 in Williamson County and Franklin SSD and restoring their universal mask mandates
  • TN-086 G.S. v. Lee TRO (Sept. 3, 2021) enjoining EO 84 in Shelby County
  • TN-050 Tennessee Supreme Court order of May 14, 2021 (three-foot courtroom distancing; judges' discretion to limit attendance; judicial state of emergency continuing)
  • TN-051 Tennessee Supreme Court order of Aug. 26, 2021 (positives and exposed persons barred from court and depositions; districts urged to require masks)
  • TN-065 Pub. Ch. 550 (from May 26, 2021: no governmental vaccination-proof requirement; county boards of health advisory)
  • Judicial-district COVID-19 plans approved under ADM2020-00428 (continuing)
  • Six locally run county health departments' directives (Shelby County Health Department school and day-care mask directive of Aug. 2021; Nashville/Davidson; Knox) (BNA metro file)
  • Local school boards' 2021-22 mask requirements (Williamson County Board of Education, Franklin SSD; others) and TDH K-12 quarantine guidance
  • Federal layer in Tennessee: CDC conveyance mask order (86 Fed. Reg. 8025) and TSA security directives; OSHA COVID-19 Healthcare ETS, 29 C.F.R. § 1910.502 (from June 21, 2021); CMS nursing-home testing and visitation rules; federal eviction moratorium to Aug. 26, 2021

Sector chronology

How the orders reached each kind of business in Tennessee, sector by sector, in the order the record gives. Open a sector to read its chronology; every exhibit named opens its record.

Restaurants and bars

Dining rooms closed Mar. 23 (EO 17); takeout and alcohol to-go only; reopened Apr. 27 at 50 percent seating in 89 counties (EO 29; Pledge TN-054); capacity limit lifted May 22 (TN-080); bars, nightclubs and limited service restaurants closed Mar. 23-May 22, then seated service only (EO 38 ¶ 11) to Sept. 30, 2020 (EO 63); 10-person indoor gathering cap Dec. 20, 2020-Jan. 19, 2021 (EO 70); six metro counties stricter and later; county mask orders July 2020-Apr. 2021; Q3 2021 no State restriction.

Retail

Non-Essential retail closed to the public Mar. 31-Apr. 28, 2020 (EO 22 ¶ 2; delivery and curbside encouraged); reopened Apr. 29 at 50 percent occupancy (EO 30; Pledge TN-055) to May 22 (TN-080); Pledge standards to Apr. 28, 2021; county mask enforcement duties July 2020-Apr. 2021 (TN-069, TN-073).

Personal care

Salons, barbers, nail and spa, tattoo, massage, tanning closed Mar. 31 (EO 21 ¶ 1.g) to May 6, 2020 (EO 33) in 89 counties (Hamilton: May 6 at 50 percent capacity, TN-072); Close Contact guidelines (TN-056) to Apr. 28, 2021; county mask orders.

Fitness and entertainment

Gyms closed Mar. 23 (EO 17) to May 1, 2020 (Hamilton chart; Pledge Exercise); nightclubs, bowling, arcades, concert venues, theaters, racetracks, play areas, amusement parks, rinks closed Mar. 31 (EO 21); small-group non-contact venues reopened May 8 (EO 35); live venues, theaters, sporting venues, amusement parks reopened May 22 (EO 38; Attractions guidelines TN-058) under the 50-person cap to Sept. 30, 2020; contact sports prohibited May 22-Sept. 30, 2020 (EO 38 ¶ 2.c), school sports under TSSAA rules thereafter; spectators barred at youth and school sports Dec. 20, 2020-Jan. 31, 2021 (EO 70, 74, 75).

Hotels and short-term rentals

Hotels, motels, lodges, dormitories and short-term rentals Essential only 'to the extent used for lodging and delivery or carry-out food and beverage services' (EO 22 Attachment A ¶ 26) Mar. 31-Apr. 28, 2020; Sumner County ordered hotels and short-term rentals to 'cease entertainment or dine-in services' from Mar. 24, 2020 (TN-076); banquets and meetings under the 10-person (to May 22) and 50-person (to Sept. 30, 2020) caps and the 10-person indoor cap (Dec. 20, 2020-Jan. 19, 2021); Lodging guidelines (TN-062); no travel quarantine.

Offices and telework

EO 17 ¶ 4 (Mar. 23): 'employees should work from home where feasible'; EO 22 ¶ 4 (Mar. 31): employers 'should take steps to the greatest extent practicable to equip and permit employees to work from home'; EO 30 ¶¶ 1, 8.a (Apr. 29) and EO 38 ¶ 1.a (May 22-Sept. 30): 'all employers and businesses are strongly urged to take all practicable steps to equip, encourage, allow, or require and permit employees to work remotely or via telework from home'; EO 70 ¶ 1 (Dec. 20, 2020-Jan. 19, 2021) and EO 74 ¶ 1 (to Jan. 31, 2021): same, 'where possible'; Office Buildings guidelines (TN-059); electronic public meetings (EO 16 chain to Apr. 28, 2021).

Manufacturing

Manufacturing for critical products and supply chains was Essential (EO 22 Attachment A ¶¶ 20, 25); other manufacturing subject to EO 22 ¶ 2 (closed to the public), ¶ 4 (work from home where practicable) and Attachment A ¶ 29 (ten-or-fewer-persons rule) and ¶ 30 (minimum basic operations) Mar. 31-Apr. 28, 2020; Manufacturing guidelines (TN-060) and the isolation mandate (EO 38 ¶¶ 9-10) to Feb. 27, 2021; county mask orders in plants where distancing failed.

Construction

Never closed: 'construction-related services' and 'critical trades' were Essential Infrastructure and Critical Trades (EO 22 Attachment A ¶¶ 4, 14); building-code and plan-review deadlines extended (EO 15 ¶ 28; EO 36 ¶ 28; EO 77 ¶ 28); Construction Worksites guidelines (TN-061) to Apr. 28, 2021; permit and zoning boards met electronically (EO 16); Hamilton County job sites 'closed to visitors' (TN-072); county mask orders on job sites where distancing failed.

Real estate

Real estate services (appraisal, title) Essential (EO 22 Attachment A ¶ 24) but showings subject to the stay-home order and gathering cap Mar. 31-Apr. 30, 2020; remote notarization and witnessing authorized Apr. 9, 2020-Apr. 28, 2021 (EO 26 chain; TN-010, TN-042); court-ordered stay of evictions and ejectments for nonpayment to May 31, 2020 (TN-045 ¶ 9); recorders and clerks' offices limited in-person contact under the Supreme Court's orders; federal eviction moratorium thereafter.

Hospitals and long-term care

Nursing-home, retirement-home, LTC and assisted-living visits barred Mar. 23, 2020 (EO 17 ¶ 1.e; EO 30 ¶ 6) except critical assistance and end of life; from June 15, 2020 visits only under TDH prerequisites (facility-wide testing, no new case in 28 days) (EO 49; TN-052) through Feb. 27, 2021; senior centers closed to Oct. 1, 2020 (EO 63); staff movement between facilities restricted; hospital bed and staffing flexibilities (EO 36 ¶ 10; EO 68; EO 77 ¶¶ 10-10.8; EO 83) through Nov. 19, 2021; COVID-19 skilled nursing units (EO 55 ¶ 34.1; EO 83 ¶ 11); federal CMS testing and visitation rules and the OSHA Healthcare ETS (June 21, 2021) in Q3 2021.

Dental and elective health care

Non-emergency dental and oral procedures, including hygiene visits, barred Mar. 24-May 6, 2020 (EO 18, 25, 31); elective and non-urgent surgical and invasive procedures postponed at hospitals and ASCs from Mar. 24 and at every health care facility Apr. 9-Apr. 30, 2020 (EO 18 ¶ 2; EO 25 ¶ 2); no local order on medical or dental procedures permitted (EO 30 ¶ 13.a); Board of Dentistry live-patient exams suspended (EO 36 ¶ 7.13); telemedicine expanded (EO 36 ¶ 38) through Nov. 19, 2021.

Schools

Governor urged every district to close by Mar. 20 through Mar. 31, 2020 and 'all districts have agreed' (TN-063); recommendation extended to the end of the 2019-20 school year (TN-064, Apr. 15, 2020); EO 22 Attachment A ¶ 16 limited schools to distance learning, food service (carry-out only) and essential functions Mar. 31-Apr. 28, 2020; school sports under TSSAA regulations from July 31, 2020 (EO 55, 63); spectators barred Dec. 20, 2020-Jan. 31, 2021 (EO 70, 74); 2021-22: EO 84 parental opt-out from any school mask requirement (Aug. 16-Nov. 12, 2021), enjoined in Shelby, Williamson/Franklin and Knox Counties (TN-086, TN-067, TN-068); Pub. Ch. 6 (Nov. 12, 2021) restricted school mask requirements by statute.

Child care

Day care centers and homes were Essential (EO 22 Attachment A ¶ 3) but their customer base was confined; child-care licensure, capacity, grouping and inspection requirements waived by the Commissioner of Human Services (EO 15; EO 36 ¶ 18) through the emergency; Sumner County required day cares to prioritize essential workers' children (TN-076); Shelby County's Aug. 2021 directive required masks in day-care facilities (TN-068 recital; BNA).

Worship and gatherings

Gatherings of 10 or more prohibited Mar. 23-May 22, 2020 (EO 17 ¶ 1.a; EO 30 ¶ 2; worship, weddings and funerals exempt from the cap but subject to Health Guidelines under EO 22 ¶ 8.f and Attachment A ¶ 9); 50-person cap on social and recreational gatherings May 22-Sept. 30, 2020 (EO 38 ¶ 2.b); no local order on places of worship permitted (EO 30/38 ¶ 13.c); 10-person indoor cap Dec. 20, 2020-Jan. 19, 2021 (EO 70; worship exempt but 'strongly encouraged' to go virtual).

Courts and public offices

Judicial state of emergency Mar. 13, 2020-beyond Sept. 30, 2021 (ADM2020-00428); in-person proceedings suspended Mar. 13-May 31, 2020 (then district plans) and Dec. 28, 2020-Mar. 15, 2021; jury trials suspended Mar. 13-July 3, 2020 and Nov. 23, 2020-Mar. 31, 2021; deadlines and limitations extended (TN-043, TN-044, TN-078, TN-045); courthouse masks July 9, 2020-May 14, 2021; three-foot distancing from May 14, 2021; positives barred from court Nov. 17, 2020 and Aug. 26, 2021; public bodies met electronically (EO 16 chain); driver licenses, registrations and permits extended, driving tests and REAL-ID issuance suspended (EO 15 ¶¶ 22-27; EO 36 ¶¶ 22-23.5; EO 55 ¶¶ 23.6-23.7; EO 63 Part B).

Travel and quarantine

No Tennessee travel-quarantine order; 'Travel to and from outside of the State of Tennessee' was Essential Travel under EO 22 ¶ 9.e; persons who tested positive or had symptoms 'shall stay at home' and employers 'shall not require or allow' known positives to work (EO 22 ¶ 5; EO 30 ¶¶ 9-10; EO 38 ¶¶ 9-10; EO 59, 63, 67, 73) Mar. 31, 2020-Feb. 27, 2021; Supreme Court barred positives and exposed persons from court (Nov. 17, 2020; Feb. 12, 2021; Aug. 26, 2021); TDH isolation and quarantine guidance incorporated in the Pledge (TN-053); federal CDC and TSA transport orders throughout 2021.

Face coverings

No statewide mandate; persons 'strongly urged' to wear face coverings (EO 30 ¶ 5; EO 38 ¶ 5; EO 54 ¶ 1); county mayors in the 89 counties delegated authority July 3, 2020-Apr. 28, 2021 (EO 54, 55, 59, 63, 67, 73, 77; EO 80) with orders in Montgomery (July 20, 2020-Feb. 27, 2021 and after, TN-073, TN-074), Rutherford (July 20-Sept. 22, 2020 and Nov. 2020-Mar. 15, 2021, TN-075, TN-082), Sumner, Williamson, Robertson, Sevier, Dickson, Greene, Hamblen, Hancock, Hawkins, Washington and others (twenty-five counties by Nov. 16, 2020); the six locally run health departments under their own authority (Hamilton Directives No. 1-3, July 10, 2020-Nov. 22, 2020 and later, TN-069 to TN-071; Sullivan EO 1, 3, 5, TN-083; Davidson, Shelby, Knox, Madison in BNA); courthouse masks July 9, 2020-May 14, 2021 (TN-085, TN-050); schools: EO 84 opt-out Aug. 16-Nov. 12, 2021 and the injunctions; Pub. Ch. 6 (Nov. 12, 2021).

Vaccination mandates

None issued by the State for health-care workers, State employees or the public; Pub. Ch. 550 (effective May 26, 2021) barred any governmental vaccination-proof requirement (TN-065); Pub. Ch. 6 (Nov. 12, 2021) barred private businesses, schools and governments from compelling proof of vaccination (TN-066); the federal EO 14042/14043, CMS and OSHA rules of Sept.-Nov. 2021 are in the Federal files.

Standing duties

The statutes, codes and penalty provisions of Tennessee that stood before March 2020 and ran through every claimable quarter. They are the reason nothing an employer did under the orders was voluntary. Read the Tennessee duties →

Tennessee governed the pandemic through the Governor's executive orders under the Tennessee Emergency Management Act, Tenn. Code Ann. title 58, chapter 2, from Executive Order No. 14 of March 12, 2020 (Ex. TN-001) to the end of the emergency on November 19, 2021 (Ex. TN-039). Two standing statutes carried the compulsion behind every order. Section 58-2-107(a)(2) provides that the Governor's 'executive orders, proclamations, and rules have the force and effect of law,' and subsection (e) authorizes the Governor to 'control ingress and egress to and from an emergency area, the movement of persons within the area, and the occupancy of premises therein' and to take measures concerning 'the calling of public meetings and gatherings' (Ex. DUT-TN-006); section 58-2-120 makes it a Class A misdemeanor for 'any person or representative thereof' to violate 'any order, rule or regulation promulgated pursuant to this chapter' during a declared emergency (Ex. DUT-TN-007). Executive Order No. 77 declared that a county face-covering order issued under the Governor's delegation 'constitutes an order, rule, or regulation promulgated pursuant to Tennessee Code Annotated, Title 58, Chapter 2, Part 1, for purposes of Tennessee Code Annotated, Section 58-2-120' (Ex. TN-031, Section C, para. 6). The Attorney General confirmed on April 27, 2020 that the orders 'have the force and effect of law' and 'supersede and preempt any action taken by political subdivisions' (Ex. DUT-TN-014), and in July 2020 that a governmental face-covering mandate 'would be constitutionally defensible' under Jacobson (Ex. DUT-TN-015). The communicable-disease law supplied a second, standing layer: the Commissioner's power to declare quarantine and to make rules that 'will, with the least inconvenience to commerce and travel, prevent the spread of the disease' (68-1-201; Ex. DUT-TN-001); the duty of local health authorities to isolate or quarantine 'the case or premise' (68-5-104; Ex. DUT-TN-002) and to carry out the Department's rules 'without delay' (68-5-103; Ex. DUT-TN-012); the county health director's duty to enforce the State's regulations and the county health officer's 'medical enforcement actions' (68-2-603; Ex. DUT-TN-004); the county health officer's power to order quarantine of a place or person and closure of a public establishment (68-2-609; Ex. DUT-TN-003), which the six locally run health departments (Davidson, Hamilton, Knox, Madison, Shelby, Sullivan) exercised in orders already in the library (Exs. MET-BNA-001 to -073; TN-069 to TN-071); and the Department's rules, under which the local health officer 'shall' establish 'appropriate control measures which may include... isolation, quarantine, exclusion, disinfection,... closure of establishment,' no person 'shall interfere with or obstruct' a health officer's entry into 'any house or premises,' and municipalities and local boards of health may 'make and enforce such additional ordinances, rules or regulations as they deem necessary' (Rule 1200-14-01-.15, -.25, -.26, -.27; Ex. DUT-TN-005). The workplace layer is the Tennessee Occupational Safety and Health Act of 1972: 'Each employer shall furnish to each of its employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to its employees' and 'shall comply with occupational safety and health standards' (50-3-105; Ex. DUT-TN-008), with a penalty of up to $7,000 per violation where the employer 'knows or has reason to know' of a condition that 'seriously endangers the health or safety' of employees (50-3-403; Ex. DUT-TN-011), and TOSHA's adoption of the federal standards in 29 C.F.R. part 1910 by reference (Rule 0800-01-01-.06; Ex. DUT-TN-009). The Tennessee COVID-19 Recovery Act, 2020 Tenn. Pub. Acts (2d Ex. Sess.) ch. 1, enacted as Senate Amendment No. 1 to SB 8002 and signed August 17, 2020, bars any claim 'arising from COVID-19' unless the claimant proves by clear and convincing evidence that the defendant 'proximately caused the loss, damage, injury, or death by an act or omission constituting gross negligence or willful misconduct,' and defines 'arising from COVID-19' to include 'implementing policies and procedures to prevent or minimize the spread of COVID-19' and 'closing or partially closing to prevent or minimize the spread of COVID-19' (Ex. DUT-TN-010). The orders' own operating conditions are recorded with their verbs exactly: 'shall not be open for access or use by the public' (EO 22 para. 2), 'persons shall at all times follow the Health Guidelines to the greatest extent practicable' (EO 22 para. 3), 'Employers shall not require or allow employees with COVID-19 to work' (EO 22 para. 5; EO 30 para. 10; EO 38 and its extensions to February 27, 2021), 'shall stay at home' (EO 30 para. 9), 'Facilities shall follow the Health Guidelines and any other infection control policies or guidance set forth by the Department of Health' (EO 30 para. 6), 'are expected to operate in accordance with, and to fulfill the spirit of,' the Economic Recovery Group's guidance, with the reservation that the Governor 'may issue additional health and safety orders' if a business 'does not operate in a safe manner' (EO 30 para. 8(b); EO 38 para. 1(b)), and 'strongly urged' for telework and distancing (EO 22 para. 4 'should'; EO 30 para. 8(a); EO 38 para. 1(a); EO 70 para. 1). The Tennessee Pledge guidelines speak in 'should' and 'recommends' (Ex. TN-053) and were made mandatory in Shelby County, where 'each type of facility is required to follow all applicable state guidelines' (Ex. MET-BNA-063), and in Knox County by the Health Officer's order adopting Executive Orders 30 and 31 (Ex. MET-BNA-032). The Middle District of Tennessee refused to enjoin Nashville's Health Order 9 and the citations issued under it, applying Jacobson (Ex. DUT-TN-018).

The question these duties answer

Whether the measures Tennessee employers took that went beyond the four corners of the closure and stay-home orders were 'voluntary' in the sense of Notice 2021-20 Q&A-14 (an employer that suspends or reduces operations 'not due to a governmental order'). Answer: they were not. Every executive order issued under Tenn. Code Ann. 58-2-107 had 'the force and effect of law' (58-2-107(a)(2); Ex. DUT-TN-006), violation of any of them was a Class A misdemeanor (58-2-120; Ex. DUT-TN-007), and the Attorney General told the State's officers on April 27, 2020 that the orders were 'the law of the State' (Ex. DUT-TN-014). From March 31, 2020 to February 27, 2021 the orders themselves commanded that 'Employers shall not require or allow employees with COVID-19 to work' and that infected and symptomatic persons 'shall stay at home' (Exs. TN-007, TN-013, TN-018, TN-024, TN-031). Independent of the orders, the Commissioner of Health held standing power to 'declare quarantine whenever, in the commissioner's judgment, the welfare of the public requires it' (68-1-201; Ex. DUT-TN-001); every local health authority was under a statutory duty 'to isolate or quarantine the case or premise upon which the case, cause or source may be found' (68-5-104; Ex. DUT-TN-002); every county health officer could order 'the quarantine of a place or person' and 'the closure of a public establishment, facility, or building' (68-2-609; Ex. DUT-TN-003); the Department's rules made 'closure of establishment' and 'exclusion' standing control measures (Rule 1200-14-01-.15; Ex. DUT-TN-005); every employer was bound to furnish 'a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to its employees' (50-3-105; Ex. DUT-TN-008) on pain of a $7,000 penalty per violation (50-3-403; Ex. DUT-TN-011); and the Tennessee COVID-19 Recovery Act of August 17, 2020 treated 'implementing policies and procedures to prevent or minimize the spread of COVID-19' and 'closing or partially closing to prevent or minimize the spread of COVID-19' as the legally cognizable responses to the disease whose liability consequences it fixed (Ex. DUT-TN-010).

By character

  • 4 Agency interpretation
  • 4 Statutory duty
  • 3 Statutory authority
  • 3 Workplace duty
  • 1 Adjudication
  • 1 Liability shield condition
  • 1 Order penalty
  • 1 Sanitary code duty

Exhibits

Ex. DUT-TN-001 Ex. DUT-TN-002 Ex. DUT-TN-003 Ex. DUT-TN-004 Ex. DUT-TN-005 Ex. DUT-TN-006 Ex. DUT-TN-007 Ex. DUT-TN-008 Ex. DUT-TN-009 Ex. DUT-TN-010 Ex. DUT-TN-011 Ex. DUT-TN-012 Ex. DUT-TN-013 Ex. DUT-TN-014 Ex. DUT-TN-015 Ex. DUT-TN-016 Ex. DUT-TN-017 Ex. DUT-TN-018

On the calendar

Every dated instrument in the Tennessee file across the nineteen months from March 2020 through September 2021, in the order it took effect. A bar takes the color of the instrument's first limitation type and runs from its effective month through its end month; a fading edge marks an instrument whose end the record does not date. Point at a bar for its dates; open the bar for the record.

Emergency declaration 17Stay-at-home 5Business closure 11Telework mandate 11Capacity limit 19Gathering cap 25Face-covering requirement 31Travel and quarantine 2Schools and child care 16Health care orders 24Alcohol and bars 12Events and venues 12Courts and public offices 21Workplace rules 29Vaccination or testing 2Quarantine and isolation 16Supply chain 2Other 13

All instruments

Every record in the Tennessee file, in the order it took effect. Filter by quarter and by limitation type; sort by any column; open the exhibit ID for the record and the operative words, or the file where The COVID Project holds it.

ExhibitInstrumentIssuerLevelEffectiveEndQuartersLimitationsSourceFile
Ex. TN-001Executive Order No. 14An Order Suspending Provisions of Certain Statutes and Rules in Order to Facilitate the Treatment and…Governor Bill LeeStateMar. 12, 2020June 30, 20202020 Q2Emergency declarationHealth care ordersSupply chainPrimary source readPDF 2.7 MB
Ex. TN-043In re: COVID-19 Pandemic, No. ADM2020-00428, Order Suspending In-Person Court ProceedingsOrder Suspending In-Person Court Proceedings (judicial state of emergency)Tennessee Supreme Court (Chief Justice Jeffrey S. Bivins)CourtMar. 13, 2020June 30, 20202020 Q2Gathering capCourts and public officesPrimary source readPDF 181 KB
Ex. TN-002Executive Order No. 15An Order Suspending Provisions of Certain Statutes and Rules and Taking Other Necessary Measures in Order to…Governor Bill LeeStateMar. 19, 2020May 18, 20202020 Q2Emergency declarationHealth care ordersCourts and public officesSupply chainOtherPrimary source readPDF 6.7 MB
Ex. TN-003Executive Order No. 16An Order Ensuring Government Continues to Function Openly and Transparently During the COVID-19 Emergency…Governor Bill LeeStateMar. 20, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Gathering capCourts and public officesPrimary source readPDF 2.4 MB
Ex. TN-063COVID-19 Bulletin #1 (Mar. 17, 2020): Governor's Mar. 16, 2020 call for all school districts to close by Mar. 20, 2020School Closures: Gov. Lee urged school districts across Tennessee to close by Friday, March 20Governor Bill Lee (Office of the Governor, COVID-19 Bulletin #1)StateMar. 20, 2020June 30, 20202020 Q2Schools and child carePrimary source readPDF 112 KB
Ex. TN-004Executive Order No. 17An Order to Mitigate the Spread of COVID-19 by Limiting Social Gatherings, Dine-In Service, and Gym Use, and…Governor Bill LeeStateMar. 23, 2020Apr. 6, 20202020 Q2Business closureTelework mandateGathering capHealth care ordersAlcohol and barsPrimary source readPDF 2.6 MB
Ex. TN-005Executive Order No. 18An Order to Reduce the Spread of COVID-19 by Limiting Non-Emergency Healthcare ProceduresGovernor Bill LeeStateMar. 24, 2020Apr. 13, 20202020 Q2Health care ordersPrimary source readPDF 766 KB
Ex. TN-076Safer at Home Declaration (Sumner County)Safer at Home Declaration from the Sumner County MayorSumner County Mayor Anthony HoltCountyMar. 24, 2020Apr. 29, 20202020 Q2Stay-at-homeBusiness closureTelework mandateGathering capWorkplace rulesPrimary source readPDF 184 KB
Ex. TN-044In re: COVID-19 Pandemic, No. ADM2020-00428, Order Continuing Suspension of In-Person Court Proceedings and Extension of DeadlinesOrder Continuing Suspension of In-Person Court Proceedings and Extension of DeadlinesTennessee Supreme CourtCourtMar. 25, 2020Apr. 30, 20202020 Q2Gathering capCourts and public officesPrimary source readPDF 352 KB
Ex. TN-006Executive Order No. 21An Order Amending Executive Order No. 17 to Further Mitigate the Spread of COVID-19 by Limiting Non-Essential…Governor Bill LeeStateMar. 30, 2020Apr. 14, 20202020 Q2Business closureGathering capEvents and venuesPrimary source readPDF 924 KB
Ex. TN-007Executive Order No. 22An Order Directing Tennesseans to Stay Home Unless Engaging in Essential Activities to Limit Their Exposure to…Governor Bill LeeStateMar. 31, 2020Apr. 14, 20202020 Q2Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantineSchools and child careWorkplace rulesQuarantine and isolationPrimary source readPDF 6.5 MB
Ex. TN-077Extension of Safer at Home Declaration (Sumner County)Extension of Safer at Home Declaration: Mar. 31 to Apr. 7, 2020Sumner County Mayor Anthony HoltCountyMar. 31, 2020Apr. 7, 20202020 Q2Stay-at-homeBusiness closureTelework mandateGathering capPrimary source readPDF 189 KB
Ex. TN-078In re: COVID-19 Pandemic, No. ADM2020-00428, Order Clarifying the Extension of DeadlinesOrder Clarifying the Extension of DeadlinesTennessee Supreme CourtCourtMar. 31, 2020Apr. 24, 20202020 Q2Courts and public officesPrimary source readPDF 75 KB
Ex. TN-008Executive Order No. 23An Order Amending Executive Order No. 22, Requiring Tennesseans to Stay Home Unless Engaging in Essential…Governor Bill LeeStateApr. 2, 2020Apr. 14, 20202020 Q2Stay-at-homeGathering capTravel and quarantinePrimary source readPDF 476 KB
Ex. TN-009Executive Order No. 25An Order to Reduce the Spread of COVID-19 by Limiting Non-Emergency Healthcare ProceduresGovernor Bill LeeStateApr. 9, 2020Apr. 30, 20202020 Q2Health care ordersPrimary source readPDF 1.2 MB
Ex. TN-010Executive Order No. 26 (Apr. 9, 2020); TN-042 (EO 52, June 29, 2020)An Order Suspending Provisions of Certain Statutes and Rules in Order to Facilitate Remote Notarization and…Governor Bill LeeStateApr. 9, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Courts and public officesOtherPrimary source readPDF 1.8 MB
Ex. TN-011Executive Order No. 27An Order Extending Temporary Social Distancing and Stay-at-Home Provisions of Executive Order Nos. 17, 21, 22…Governor Bill LeeStateApr. 13, 2020Apr. 30, 20202020 Q2Emergency declarationStay-at-homeBusiness closureGathering capPrimary source readPDF 1.1 MB
Ex. TN-064COVID-19 Bulletin #18 (Apr. 15, 2020): Governor's call for schools to remain closed through the end of the 2019-20 school yearSchool Closure: Gov. Lee has called on schools to remain closed through the end of the school yearGovernor Bill Lee (Office of the Governor, COVID-19 Bulletin #18)StateApr. 15, 2020June 30, 20202020 Q2Schools and child carePrimary source readPDF 103 KB
Ex. TN-045In re: COVID-19 Pandemic, No. ADM2020-00428, Order Modifying Suspension of In-Person Court Proceedings and Further Extension of DeadlinesOrder Modifying Suspension of In-Person Court Proceedings and Further Extension of DeadlinesTennessee Supreme CourtCourtApr. 24, 2020May 31, 20202020 Q22020 Q3Gathering capCourts and public officesOtherPrimary source readPDF 189 KB
Ex. TN-012Executive Order No. 29An Order Amending Executive Order No. 17 to Reopen Dining in RestaurantsGovernor Bill LeeStateApr. 27, 2020Apr. 29, 20202020 Q2Business closureCapacity limitAlcohol and barsWorkplace rulesPrimary source readPDF 1.4 MB
Ex. TN-054Tennessee Pledge: Restaurant Industry guidelines (Apr. 24, 2020 version)Tennessee Pledge: Restaurant Industry (50 percent seating capacity)Governor's Economic Recovery GroupStateApr. 27, 2020May 22, 20202020 Q2Capacity limitGathering capWorkplace rulesPrimary source readPDF 589 KB
Ex. TN-013Executive Order No. 30An Order Allowing Tennesseans to Return to Work Safely While Encouraging Continued Adherence to Health…Governor Bill LeeStateApr. 29, 2020May 29, 20202020 Q2Business closureTelework mandateCapacity limitGathering capFace-covering requirementHealth care ordersAlcohol and barsWorkplace rulesQuarantine and isolationPrimary source readPDF 4.4 MB
Ex. TN-053Tennessee Pledge: general guidelines (version first published Apr. 24-28, 2020)Tennessee Pledge: Reopening Tennessee Responsibly (general guidelines)Governor's Economic Recovery Group (ERG)StateApr. 29, 2020Apr. 28, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Capacity limitWorkplace rulesQuarantine and isolationPrimary source readPDF 682 KB
Ex. TN-055Tennessee Pledge: Retail Industry guidelines (Apr. 28, 2020 version)Tennessee Pledge: Retail Industry (50 percent occupancy)Governor's Economic Recovery GroupStateApr. 29, 2020May 22, 20202020 Q2Capacity limitWorkplace rulesPrimary source readPDF 632 KB
Ex. TN-014Executive Order No. 31An Order to Reduce the Spread of COVID-19 by Limiting Non-Emergency Dental ProceduresGovernor Bill LeeStateApr. 30, 2020May 6, 20202020 Q2Health care ordersPrimary source readPDF 1.7 MB
Ex. TN-057Tennessee Pledge: Exercise Facilities guidelines (as of June 16, 2020)Tennessee Pledge: Exercise FacilitiesGovernor's Economic Recovery GroupStateMay 1, 2020Apr. 28, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Capacity limitWorkplace rulesPrimary source readPDF 837 KB
Ex. TN-015Executive Order No. 33An Order Amending Executive Order No. 30 to Allow Reopening of Close Contact Personal Services Pursuant to New…Governor Bill LeeStateMay 6, 2020May 22, 20202020 Q2Business closureCapacity limitWorkplace rulesPrimary source readPDF 256 KB
Ex. TN-056Tennessee Pledge: Close Contact Businesses guidelines (as of June 4, 2020)Tennessee Pledge: Close Contact BusinessesGovernor's Economic Recovery GroupStateMay 6, 2020Apr. 28, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Capacity limitWorkplace rulesPrimary source readPDF 1.8 MB
Ex. TN-016Executive Order No. 35An Order Amending Executive Order No. 30 to Allow Reopening of Small Group, Non-Contact Entertainment and…Governor Bill LeeStateMay 8, 2020May 22, 20202020 Q2Business closureCapacity limitGathering capEvents and venuesPrimary source readPDF 1.6 MB
Ex. TN-060Tennessee Pledge: Manufacturing Industry guidelinesTennessee Pledge: Manufacturing IndustryGovernor's Economic Recovery GroupStateMay 14, 2020Apr. 28, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Workplace rulesQuarantine and isolationPrimary source readPDF 735 KB
Ex. TN-017Executive Order No. 36An Order Suspending Provisions of Certain Statutes and Rules and Taking Other Necessary Measures in Order to…Governor Bill LeeStateMay 18, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Emergency declarationSchools and child careHealth care ordersCourts and public officesOtherPrimary source readPDF 13 MB
Ex. TN-018Executive Order No. 38An Order Expanding the Number of Tennesseans Who May Return to Work Safely While Urging Continued Adherence to…Governor Bill LeeStateMay 22, 2020Sept. 30, 20202020 Q22020 Q3Telework mandateCapacity limitGathering capFace-covering requirementHealth care ordersAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolationPrimary source readPDF 754 KB
Ex. TN-058Tennessee Pledge: Attractions, Large Venues & Large Community Events guidelines (as of June 16, 2020)Tennessee Pledge: Attractions, Large Venues & Large Community EventsGovernor's Economic Recovery GroupStateMay 22, 2020Apr. 28, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Capacity limitGathering capEvents and venuesWorkplace rulesPrimary source readPDF 1014 KB
Ex. TN-072COVID 19 Businesses Openings and Closures (status chart)COVID 19 Businesses Openings and Closures: status and opening dates by business typeHamilton County Mayor's OfficeCountyMay 22, 2020June 30, 20202020 Q2Business closureCapacity limitOtherConfirmed from a secondary sourcePDF 49 KB
Ex. TN-080ERG release, May 15, 2020: 'Economic Recovery Group to Lift Capacity Restrictions on Restaurants and Retail, Allow for Large Attractions to Open'Economic Recovery Group to Lift Capacity Restrictions on Restaurants and Retail, Allow for Large Attractions…Governor's Economic Recovery Group (Office of the Governor)StateMay 22, 2020June 30, 20202020 Q2Capacity limitGathering capEvents and venuesPrimary source readPDF 194 KB
Ex. TN-061Tennessee Pledge: Construction Worksites guidelinesTennessee Pledge: Construction WorksitesGovernor's Economic Recovery GroupStateMay 29, 2020Apr. 28, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Workplace rulesPrimary source readPDF 1.3 MB
Ex. TN-062Tennessee Pledge: Lodging & Accommodations guidelinesTennessee Pledge: Lodging & AccommodationsGovernor's Economic Recovery GroupStateMay 31, 2020Apr. 28, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Workplace rulesQuarantine and isolationPrimary source readPDF 1.1 MB
Ex. TN-084In re: COVID-19 Pandemic, No. ADM2020-00428, Order of May 26, 2020 (judicial-district reopening plans; continued suspension of jury trials)Order of May 26, 2020 (district plans governing in-person proceedings)Tennessee Supreme CourtCourtJune 1, 2020Dec. 22, 20202020 Q22020 Q32020 Q4Courts and public officesConfirmed from a secondary source—
Ex. TN-081Tennessee Pledge: Restaurant Industry guidelines (as of June 12, 2020)Tennessee Pledge: Restaurant Industry (revised; seated service only; ten guests per table)Governor's Economic Recovery GroupStateJune 12, 2020Sept. 30, 20202020 Q22020 Q32020 Q42021 Q12021 Q2Capacity limitGathering capAlcohol and barsWorkplace rulesPrimary source readPDF 574 KB
Ex. TN-019Executive Order No. 49An Order Amending Requirements Concerning Long-Term-Care Facility Visitation and Taking Other Necessary…Governor Bill LeeStateJune 15, 2020Feb. 27, 20212020 Q22020 Q32020 Q42021 Q1Health care ordersOtherPrimary source readPDF 1.5 MB
Ex. TN-052Long-Term Care Facility Visitation Guidelines (LTCF_Visitation.pdf), updated June 15, 2020Tennessee Department of Health guidelines to permit limited visitation within long-term care facilitiesTennessee Department of HealthSector regulatorJune 15, 2020Feb. 27, 20212020 Q22020 Q32020 Q42021 Q1Health care ordersWorkplace rulesOtherPrimary source readPDF 166 KB
Ex. TN-020Executive Order No. 50An Order to Facilitate and Respond to Continuing Effects of COVID-19 by Extending Executive Order Nos. 36 & 38…Governor Bill LeeStateJune 30, 2020Aug. 29, 20202020 Q3Emergency declarationTelework mandateCapacity limitGathering capHealth care ordersAlcohol and barsWorkplace rulesQuarantine and isolationPrimary source readPDF 162 KB
Ex. TN-042Executive Order No. 52An Order Extending Remote Notarization and Witnessing of Documents to Further Contain COVID-19Governor Bill LeeStateJune 30, 2020Aug. 29, 20202020 Q3Courts and public officesOtherPrimary source readPDF 253 KB
Ex. TN-021Executive Order No. 54An Order Providing Local Governments with Authority Concerning Face CoveringsGovernor Bill LeeStateJuly 3, 2020June 30, 20212020 Q32020 Q42021 Q12021 Q2Face-covering requirementOtherPrimary source readPDF 1.6 MB
Ex. TN-085In re: COVID-19 Pandemic, No. ADM2020-00428, Order of July 9, 2020 (mandatory facial coverings in courthouses)Order of July 9, 2020 requiring facial coverings in courthouses and courtroomsTennessee Supreme CourtCourtJuly 9, 2020May 14, 20212020 Q32020 Q42021 Q12021 Q2Face-covering requirementCourts and public officesConfirmed from a secondary source—
Ex. TN-069Directive No. 1 of the Hamilton County Health OfficerDirective No. 1: face coverings required indoors in all public and private buildings and outdoors when…Hamilton County Health Officer (Paul Hendricks, M.D.), Hamilton County Health DepartmentCountyJuly 10, 2020Sept. 8, 20202020 Q3Face-covering requirementWorkplace rulesPrimary source readPDF 193 KB
Ex. TN-083Executive Order 1 by County Mayor (July 10, 2020); Executive Order 3 (Sept. 11, 2020); Executive Order 5 (Dec. 31, 2020)Sullivan County face covering executive orders (July 2020-early 2021)Sullivan County Mayor Richard VenableCountyJuly 10, 2020Mar. 31, 20212020 Q32020 Q42021 Q1Face-covering requirementConfirmed from a secondary sourceSource
Ex. TN-073Emergency Order No. 11 (Montgomery County)Emergency Order No. 11: face coverings required in publicly accessible areas of commercial business…Montgomery County Mayor Jim DurrettCountyJuly 20, 2020Mar. 31, 20212020 Q32020 Q42021 Q1Face-covering requirementWorkplace rulesPrimary source readPDF 984 KB
Ex. TN-059Tennessee Pledge: Office Buildings guidelinesTennessee Pledge: Office BuildingsGovernor's Economic Recovery GroupStateJuly 23, 2020Apr. 28, 20212020 Q32020 Q42021 Q12021 Q2Telework mandateCapacity limitWorkplace rulesPrimary source readPDF 531 KB
Ex. TN-022Executive Order No. 55An Order to Facilitate and Respond to Continuing Effects of COVID-19 by Amending Prior Executive OrdersGovernor Bill LeeStateJuly 31, 2020Sept. 30, 20202020 Q3Face-covering requirementSchools and child careHealth care ordersAlcohol and barsEvents and venuesOtherPrimary source readPDF 2.1 MB
Ex. TN-023Executive Order No. 59An Order to Facilitate the Continued Response to COVID-19 and Extend Certain Provisions of Executive Order…Governor Bill LeeStateAug. 29, 2020Sept. 30, 20202020 Q3Emergency declarationGathering capFace-covering requirementHealth care ordersAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolationPrimary source readPDF 2.2 MB
Ex. TN-075Declaration of Public Health Emergency by Rutherford County Mayor (extension of the July 20, 2020 face covering order)Declaration of Public Health Emergency: extension of the face covering order to September 30, 2020Rutherford County Mayor Bill KetronCountyAug. 29, 2020Sept. 30, 20202020 Q3Face-covering requirementWorkplace rulesPrimary source readPDF 238 KB
Ex. TN-070Directive No. 2 of the Hamilton County Health OfficerDirective No. 2: face coverings required (continuation)Hamilton County Health Officer (Paul Hendricks, M.D.); Office of the County Mayor (Jim Coppinger)CountySept. 8, 2020Oct. 8, 20202020 Q32020 Q4Face-covering requirementWorkplace rulesPrimary source readPDF 3.1 MB
Ex. TN-082Rutherford County notice: Face Covering Order to be lifted September 22, 2020 at 5:00 p.m. CDTRutherford County Face Covering Order to be Lifted September 22, 2020 at 5:00 p.m. CDTRutherford County Mayor Bill Ketron (county news release)CountySept. 22, 2020Sept. 30, 20202020 Q3Face-covering requirementPrimary source readPDF 241 KB
Ex. TN-024Executive Order No. 63An Order to Facilitate the Continued Response to COVID-19 and Extend Certain, Targeted ProvisionsGovernor Bill LeeStateSept. 30, 2020Oct. 30, 20202020 Q4Emergency declarationFace-covering requirementHealth care ordersAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolationPrimary source readPDF 2.5 MB
Ex. TN-071Directive No. 3 of the Hamilton County Health OfficerDirective No. 3: face coverings required (continuation to Nov. 22, 2020)Hamilton County Health Officer (Paul M. Hendricks, M.D.)CountyOct. 9, 2020Nov. 22, 20202020 Q4Face-covering requirementWorkplace rulesPrimary source readPDF 189 KB
Ex. TN-025Executive Order No. 67An Order to Facilitate the Continued Response to COVID-19 by Extending the Provisions of Executive Order No.…Governor Bill LeeStateOct. 30, 2020Dec. 29, 20202020 Q4Emergency declarationFace-covering requirementHealth care ordersAlcohol and barsWorkplace rulesQuarantine and isolationPrimary source readPDF 1.4 MB
Ex. TN-046In re: COVID-19 Pandemic, No. ADM2020-00428, Order Extending State of Emergency and Suspending Jury TrialsOrder Extending State of Emergency and Suspending Jury TrialsTennessee Supreme CourtCourtNov. 17, 2020Jan. 31, 20212020 Q42021 Q1Gathering capCourts and public officesQuarantine and isolationPrimary source readPDF 284 KB
Ex. TN-026Executive Order No. 68An Order to Facilitate the Continued Response to COVID-19 by Increasing Health Care Resources and CapacityGovernor Bill LeeStateDec. 1, 2020Dec. 29, 20202020 Q42021 Q12021 Q2Emergency declarationHealth care ordersPrimary source readPDF 2.7 MB
Ex. TN-027Executive Order No. 70An Order to Reduce the Spread of COVID-19 and Preserve Health Care Capacity by Limiting Gatherings and…Governor Bill LeeStateDec. 20, 2020Jan. 19, 20212020 Q42021 Q1Telework mandateCapacity limitGathering capSchools and child careEvents and venuesPrimary source readPDF 1.7 MB
Ex. TN-047In re: COVID-19 Pandemic, No. ADM2020-00428, Order Extending State of Emergency and Reinstating Suspension of In-Person Court ProceedingsOrder Extending State of Emergency and Reinstating Suspension of In-Person Court ProceedingsTennessee Supreme CourtCourtDec. 28, 2020Jan. 29, 20212020 Q42021 Q1Gathering capCourts and public officesPrimary source readPDF 327 KB
Ex. TN-028Executive Order No. 73An Order to Facilitate the Continued Response to COVID-19 by Extending Executive Order ProvisionsGovernor Bill LeeStateDec. 29, 2020Feb. 27, 20212020 Q42021 Q1Emergency declarationFace-covering requirementHealth care ordersAlcohol and barsWorkplace rulesQuarantine and isolationPrimary source readPDF 809 KB
Ex. TN-048In re: COVID-19 Pandemic, No. ADM2020-00428, Order Extending State of Emergency, Suspension of Jury Trials, and Suspension of In-Person Court ProceedingsOrder Extending State of Emergency, Suspension of Jury Trials, and Suspension of In-Person Court ProceedingsTennessee Supreme CourtCourtJan. 15, 2021Mar. 31, 20212021 Q1Gathering capCourts and public officesPrimary source readPDF 272 KB
Ex. TN-029Executive Order No. 74An Order Extending, as Amended, Certain Provisions of Executive Order No. 70 Relative to Spectator Sports &…Governor Bill LeeStateJan. 19, 2021Feb. 27, 20212021 Q1Telework mandateGathering capSchools and child careEvents and venuesPrimary source readPDF 1.1 MB
Ex. TN-030Executive Order No. 75An Order to End Limitations in Executive Order No. 74 Regarding Spectator Sports & Athletic ActivitiesGovernor Bill LeeStateJan. 28, 2021Jan. 31, 20212021 Q1Telework mandateEvents and venuesPrimary source readPDF 405 KB
Ex. TN-074Emergency Order No. 26 (Montgomery County)Emergency Order No. 26: mask requirements extended until February 27, 2021Montgomery County Mayor Jim DurrettCountyJan. 30, 2021Feb. 27, 20212021 Q1Face-covering requirementWorkplace rulesPrimary source readPDF 323 KB
Ex. TN-031Executive Order No. 77An Order to Facilitate the Continued Response to COVID-19 by Extending Executive Order No. 73, as AmendedGovernor Bill LeeStateFeb. 27, 2021Apr. 28, 20212021 Q12021 Q2Emergency declarationFace-covering requirementHealth care ordersAlcohol and barsEvents and venuesOtherPrimary source readPDF 11 MB
Ex. TN-049In re: COVID-19 Pandemic, No. ADM2020-00428, Order Modifying and Partially Lifting Suspension of In-Person Court ProceedingsOrder Modifying and Partially Lifting Suspension of In-Person Court ProceedingsTennessee Supreme CourtCourtMar. 1, 2021Mar. 31, 20212021 Q12021 Q2Capacity limitFace-covering requirementCourts and public officesQuarantine and isolationPrimary source readPDF 253 KB
Ex. TN-032Executive Order No. 80An Order Amending Executive Order No. 77Governor Bill LeeStateApr. 28, 2021May 31, 20212021 Q2Emergency declarationFace-covering requirementHealth care ordersPrimary source readPDF 657 KB
Ex. TN-050In re: COVID-19 Pandemic, No. ADM2020-00428, Order Modifying Capacity, Distancing, and Facial Covering RequirementsOrder Modifying Capacity, Distancing, and Facial Covering RequirementsTennessee Supreme CourtCourtMay 14, 2021Sept. 30, 20212021 Q22021 Q3Capacity limitFace-covering requirementCourts and public officesPrimary source readPDF 279 KB
Ex. TN-033Executive Order No. 81Limited State of Emergency to Facilitate Recovery and Federal ComplianceGovernor Bill LeeStateMay 31, 2021July 30, 20212021 Q22021 Q3Emergency declarationPrimary source readPDF 375 KB
Ex. TN-065Public Chapter No. 550 (2021) (SB 858 / HB 575)An Act to amend Tennessee Code Annotated... relative to public health (county boards of health advisory…Tennessee General Assembly (112th), signed by Governor LeeStateJune 2, 2021Sept. 30, 20212021 Q22021 Q3Vaccination or testingOtherPrimary source readPDF 89 KB
Ex. TN-034Executive Order No. 82Limited State of Emergency to Facilitate Recovery and Federal ComplianceGovernor Bill LeeStateJuly 30, 2021Aug. 31, 20212021 Q3Emergency declarationHealth care ordersPrimary source readPDF 67 KB
Ex. TN-035Executive Order No. 83An Order to Facilitate the Continued Response to COVID-19Governor Bill LeeStateAug. 6, 2021Oct. 5, 20212021 Q3Emergency declarationHealth care ordersQuarantine and isolationPrimary source readPDF 5.3 MB
Ex. TN-036Executive Order No. 84An Order Regarding Mask Requirements in SchoolsGovernor Bill LeeStateAug. 16, 2021Oct. 5, 20212021 Q3Face-covering requirementSchools and child carePrimary source readPDF 419 KB
Ex. TN-051In re: COVID-19 Pandemic, No. ADM2020-00428, Order Encouraging Facial Coverings and Alternative Methods of Conducting BusinessOrder Encouraging Facial Coverings and Alternative Methods of Conducting BusinessTennessee Supreme CourtCourtAug. 26, 2021Sept. 30, 20212021 Q3Face-covering requirementCourts and public officesQuarantine and isolationPrimary source readPDF 186 KB
Ex. TN-086G.S. ex rel. Schwaigert v. Lee, No. 2:21-cv-02552, 2021 WL 4057812 (W.D. Tenn. Sept. 3, 2021) (temporary restraining order)Temporary restraining order enjoining enforcement of Executive Order No. 84 in Shelby CountyUnited States District Court for the Western District of Tennessee (Lipman, J.)CourtSept. 3, 2021Sept. 17, 20212021 Q3Face-covering requirementSchools and child careCourts and public officesConfirmed from a secondary sourcePDF 216 KB
Ex. TN-067R.K. v. Lee, No. 3:21-cv-00725, Doc. 30, Memorandum Opinion and Order (M.D. Tenn. Sept. 24, 2021)Memorandum Opinion and Order granting temporary restraining order enjoining enforcement of Executive Order No.…United States District Court for the Middle District of Tennessee (Crenshaw, C.J.)CourtSept. 24, 2021Oct. 22, 20212021 Q3Face-covering requirementSchools and child careCourts and public officesPrimary source readPDF 256 KB
Ex. TN-037Executive Order No. 88An Order to Facilitate the Continued Response to COVID-19 by Extending the Provisions of Executive Order 83Governor Bill LeeStateOct. 5, 2021Nov. 5, 20212021 Q3Emergency declarationHealth care ordersPrimary source readPDF 91 KB
Ex. TN-038Executive Order No. 89An Order Extending Executive Order 84Governor Bill LeeStateOct. 5, 2021Nov. 5, 20212021 Q3Face-covering requirementSchools and child carePrimary source readPDF 83 KB
Ex. TN-068S.B. v. Lee, No. 3:21-cv-00317, Amended Memorandum Opinion and Order (E.D. Tenn. Oct. 12, 2021)Amended Memorandum Opinion and Order granting preliminary injunction: Knox County Board of Education ordered…United States District Court for the Eastern District of Tennessee (Greer, J.)CourtOct. 12, 2021Oct. 18, 2021Face-covering requirementSchools and child careCourts and public officesPrimary source readPDF 548 KB
Ex. TN-079R.K. v. Lee, No. 3:21-cv-00725, Doc. 85, Memorandum Opinion (M.D. Tenn. Oct. 22, 2021)Memorandum Opinion granting preliminary injunction against enforcement of Executive Order No. 84 (Williamson…United States District Court for the Middle District of Tennessee (Crenshaw, C.J.)CourtOct. 22, 2021Nov. 12, 2021Face-covering requirementSchools and child careCourts and public officesPrimary source readPDF 304 KB
Ex. TN-039Executive Order No. 90An Order to Facilitate the Continued Response to COVID-19 by Extending the Provisions of Executive Order 83Governor Bill LeeStateNov. 5, 2021Nov. 19, 2021Emergency declarationHealth care ordersPrimary source readPDF 353 KB
Ex. TN-040Executive Order No. 91An Order Extending Executive Order 84Governor Bill LeeStateNov. 5, 2021Nov. 12, 2021Face-covering requirementSchools and child carePrimary source readPDF 311 KB
Ex. TN-041Executive Order No. 92An Order Terminating Executive Order No. 84, as Amended by Executive Order Nos. 89 & 91, Regarding Mask…Governor Bill LeeStateNov. 12, 2021not datedFace-covering requirementSchools and child carePrimary source readPDF 67 KB
Ex. TN-066Public Chapter No. 6, Third Extraordinary Session (2021) (SB 9014 / HB 9077)An Act to amend Tennessee Code Annotated... relative to addressing the COVID-19 pandemic (Tenn. Code Ann.…Tennessee General Assembly (112th, Third Extraordinary Session), signed by Governor LeeStateNov. 12, 2021July 1, 2023Face-covering requirementSchools and child careVaccination or testingQuarantine and isolationOtherPrimary source readPDF 637 KB

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Metros in Tennessee

The metropolitan files whose counties and cities lie in Tennessee. Each holds the local orders that ran alongside, and often ahead of, the State's. All forty metros →