Shelby County has announced a lawsuit against Tennessee Governor Bill Lee (R) over his executive order allowing parents to opt their children out of mask mandates. The county says that the order puts children at risk of contracting COVID and even dying.
The lawsuit claims the Shelby County Health Department supersedes the authority of the governor’s executive order based on the provision of state law codified in The Tennessee Code Annotated, Section 68-2-609-4, which states, “The county health officer is empowered to order: Rules and regulations as are necessary or appropriate to protect the general health and safety of the county.”
The complaint, filed Tuesday, says that “Governor Lee’s executive order makes the maintenance and support of a system of free public schools impossible.” The lawsuit opens by stating that Shelby County is in the middle of a “global pandemic, the likes of which the world has not seen in over a century.”
The county outlined the impact COVID has had on Tennessee, saying that currently, children make up 32% of active cases in Shelby County. According to Tennessee’s COVID dashboard, around 200,000 cases of COVID have been in individuals under the age of 20. The state did not share death data specifics.
The lawsuit went on to call masks “safe, effective, and necessary” and a “scientifically-based consensus.” It cited the Center for Disease Control’s latest guidance saying that “universal masking” is necessary in schools “regardless of vaccination status.”
The lawsuit also says masks are not primarily to protect the wearer, they are supposed to protect others from contracting COVID. They also drew upon Gov. Lee’s own words, saying that masks are an effective way of preventing students from contracting COVID.
Lee said that while he does agree with the efficacy of masking, he believes that it is a decision that should be made by the parents and not mandated by government or school officials. Lee reportedly said, “I fundamentally believe parents should individually make that decision for their children. It’s a way forward that will provide for parental choice but encourage the safety of our children moving forward.”
The lawsuit claimed that Lee’s Executive Order 84 was violating the Fourteenth Amendment and that it violated “the decencies of civilized conduct.” The suit reads that “The prohibitions of Executive Order 84 force children who are unable to protect themselves, with the vaccines available to adults, to subject themselves to potentially COVID-19-positive students, to suffer fear, uncertainty, illness, and possibly even death, despite medical evidence available to the State that masks are safe and effective.”
As reported by The Tennessee Star, “Lee’s executive order says that a student’s parent or guardian has the right to opt out of any order or requirement for a student in kindergarten through the 12th-grade to wear a face covering at school, on a school bus, or at school functions. To do so they must notify staff members at their local education agency or their student’s school — and in writing.”
In a radio interview, Lee touched on the possibility of districts defying his order. He said, “I think one of the things that’s been important to me is that parents have really put voice to this all across the country, and it’s a part of what has occurred even in Tennessee. Parents have made their voices known, and they ought to make it known in the two counties and the two the school districts that we have that are making noise about not complying with the law. I would encourage parents to make their voice known and to let them know that the law as it stands is for them to opt out if that’s what they want to do.”
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Hayley Tschetter is a reporter with The Minnesota Sun | Star News Network. Follow Hayley on Twitter or like her Facebook page. Send news tips to [email protected].
Photo “Bill Lee” by Bill Lee.
Shelby County is a sh**hole just like Davidson County! I can’t just put a mask in your child I have to force EVERYONE to wear a mask! Communist wanttabes!
Bill Lee shoving his ideas down Shelby County’s throat is tyranny. Let the people Shelby Countians elected make the decisions.
Shelby County is in TN. Also, it isn’t the people of SC making these decision, it is unelected bureaucrats making the decision; however, you are fine with that, right? How about we let Memphis make it’s own decision as well as letting metro areas make their own decision? You are NOT fine with that, right? Your hypocrisy is stunning, to say the least. How about we let TN dept of health, which oversees 89 counties also oversee SC? Again, you are NOT fine with that.
Wow! The Shelby County schools sue Gov Lee so they can FORCE everyone to wear masks!! Otherwise anyone who chooses to wear a mask is FREE to do so. These leftists are incredible extremist authoritarians!!!
This issue has been going on since first of August when Shelby County School district required masks while the 6 metro schools did not. For those outside of SC, let me translate in how SC leaders saw it – black kids would be required to wear a mask while mostly white kids would not. On the Friday before schools were to start, at the last minute, Shelby County Health Dept director issued a mandate for all schools. This caused leaders from metro areas to push for a special session. Bill Lee, being Bill Lee, didn’t want to go there so he issued an EO. This angered the director that she was being disrespected, and she issued a mandate for all of SC, except for where she had no authority – schools and churches. SC leadership, not being too smart, file this mostly frivolous lawsuit. What needs to happen, and some Memphis/SC leaders fear this, is a special session to strip the health dept of its powers, and during regular session, study breaking up Shelby County, which will be met with all sorts of ‘-ism’ charges.
Hey Memphis…if you want your child to wear a mask…PUT ONE ON HIM/HER! If it’s so effective, what does it matter if everyone else isn’t wearing one and you are? You’re protected, right? Geez, the level of ignorance in this country is absolutely astounding!
Shelby County what more needs to be said!
How about somebody with some testicular fortitude call for a special Legislative session, end all of this executive fiat and end this lunacy for good?
The special session will make for some interesting news coverage, “Tennessee Democrats flee to DC…”, “Joe Biden threatens TN governor , and challenges him to push-up contest…” , or, “Memphis City Council proposes seceding from the Union, to keep citizens in masks”.
These are “interesting” times that we live in!
Kevin – I am 100% with you on the need for a special session. Unfortunately, according to some state reps, there are as many as 8 GOP state senators who oppose a special session. I can only speculate that they do not have the nerve to actually take decisive action. That would be consistent with the half-hearted legislation that they pass on a continuing basis. It seems that any serious legislation passed by the reps either gets stonewalled or watered down to a point of worthlessness when it reaches the senate. I include my senator Haile in that worthless grouping.
Shelby county is a risk all by itself…