A federal judge on Friday temporarily blocked Tennessee Gov. Bill Lee's executive order that allowed parents to opt out of school mask mandates.
U.S. District Judge Sheryl Lipman of Tennessee’s Western District sided with two students in a lawsuit filed against the governor that alleges he violated the Americans with Disabilities Act. It argues that allowing parents to evade a Shelby County health ordinance requiring masks in schools puts at risk the health and education of immunocompromised students.
Lipman said in a statement regarding her ruling that Lee’s opt-out provision "interferes with plaintiffs’ ability to access services at their public schools through a reasonable accommodation – required mask coverings."
The plaintiffs proved that they were excluded from school programs and activities such as physical education classes and socializing with peers at lunch, Lipman ruled.
She also concluded that the governor's order violated the rights of the students under the Americans with Disabilities Act.
BREAKING: Federal judge issues temporary restraining order for Shelby County, blocking Tennessee @GovBillLee's executive order allowing parents to opt out of school mask mandates. Court sides with vulnerable students who says Lee's order puts them at risk, violates their rights. pic.twitter.com/Y4x2V1IT6e
— Phil Williams (@NC5PhilWilliams) September 4, 2021
One of the students, upon coming into contact with an unmasked student, became infected with COVID-19 and had to stay home, according to Lipman's decision.
"Defendant Shelby County is ORDERED to enforce its Health Orders without exception for Governor Lee’s Executive Order No. 84," the ruling reads.
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