Members of a Tennessee-based group who say they fight government overreach have sued the Williamson County School (WCS) System because it mandates that its students wear masks to guard against COVID-19.
This, according to a lawsuit that Recall Williamson founder Gary Humble filed in the Williamson County Chancery Court this month. Recall Williamson members, in their lawsuit, said they want court officials to declare that WCS members breached their authority, per state law, when they mandated that students wear masks. They also said that only members of the Tennessee General Assembly — and not the state’s governor — can grant that authority to school systems.
“Neither the Tennessee General Assembly, nor the State Board of Education have promulgated any mandate that students within the state wear a face mask as a condition precedent to entry into a public school,” the suit said.
“Moreover, the Tennessee State Legislature, in its limited grant of authority, has not authorized local boards of education to promulgate compulsory health mandates before allowing a student to attend public school within a school building. In fact, the only authority granted to local boards of education with respect to health care regulations of their students and employees is limited to such board’s ability to demand a physical examination by a competent physician where there is reason to believe a student/employee has tuberculosis or other, communicable disease and exclude them from school until such time as it is certified that their disease is cured.”
The suit also said that many of Tennessee’s public school system officials do not mandate that their students, employees, or other staff wear masks.
“The distance-learning option WCS provides students is not substantially equal to the educational opportunities each would receive when attending in-person instruction at their respective WCS schools or in other school districts without a mandate,” according to the lawsuit.
“Thus, in denying students the opportunity to attend in-person classes based solely upon their failure to abide by WCS’ unlawful mandate, WCS denies its students substantially equal educational opportunities available to other students within the state.”
As The Tennessee Star reported last month, Humble, who also founded a group called Tennessee Stands, filed a lawsuit in Davidson County Chancery Court against Lee. This, on the grounds that the state statute deeming the governor’s executive orders have the full force and effect of law is unconstitutional.
– – –