Judge: Lee’s Action on Masks Interferes with Safe Access to Schools

Andy Spears
2 min readSep 17, 2021

A federal judge Friday (9/17)blocked Gov. Bill Lee’s executive order allowing parents to opt-out of mask mandates in schools.

WTVC-NewsChannel9 has more:

U.S. District Judge Sheryl Lipman issued the preliminary injunction after parents of students with health conditions argued that the Republican governor’s executive order endangered their children and hurt their ability to attend in-person classes by allowing others to opt-out of a mask mandate

In the ruling, Lipman wrote that the ability to safely access schools was a guaranteed right and that the executive order impedes this right.

“Plaintiffs offered sufficient evidence at this stage to demonstrate that the Executive Order interferes with Plaintiffs’ ability to safely access their schools,” the judge wrote.

Chalkbeat has additional reporting:

“It is that unmasked presence that creates the danger to these plaintiffs,” she wrote. “Universal masking is a reasonable accommodation that the governor’s executive order refuses to make available to schools, school systems and, in this case, the Shelby County Health Department.”

Friday’s ruling only affects Shelby County, where the executive order was in effect from Aug. 16 to Sept. 3, when it was blocked by the court’s temporary restraining order. Gov. Bill Lee’s order still stands in other counties.

“The public interest

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Andy Spears

Writer and policy advocate living in Nashville, TN —Public Policy Ph.D. — writes on education policy, consumer affairs, and more . . .