Skip to content
The COVID Project
  1. Library
  2. Standing duties: Tennessee
  3. DUT-TN-015

Ex. DUT-TN-015 Standing duty Primary source read

Tenn. Att'y Gen. Op. No. 20-14

Constitutionality of Governmental Mandate to Wear Face Coverings

Herbert H. Slatery III, Attorney General and Reporter, State of Tennessee · Tennessee (State)

The COVID Project

The record

Jurisdiction
Tennessee
Level
State
Authority
Tenn. Code Ann. sec. 8-6-109; construing Tenn. Code Ann. sec. 58-2-107, Executive Order No. 54 and Jacobson v. Massachusetts, 197 U.S. 11 (1905)
Issued
2020-07-16 July 16, 2020
Effective
July 2020 (opinion) (read as 2020-07-16)
End
n/a (opinion) (read as 2021-09-30)
In force
July 16, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Face-covering requirementStanding duty
Addressees
  • persons generally; businesses within counties and metropolitan areas under face-covering orders
Character
agency interpretation
Collection
Standing duties: Tennessee DUT-TN

Operative words

As a general proposition, a governmental mandate that requires the general population to wear face coverings in public due to the health emergency caused by COVID-19 would be constitutionally defensible. The constitutionality of any particular governmental mandate, though, would depend on its specific terms and the underlying authority of the governmental entity issuing it.

Penalty

The county orders under EO 54 were orders 'for purposes of Tennessee Code Annotated, Section 58-2-120' (Ex. TN-031, Section C, para. 6; Ex. DUT-TN-007)

What it required

Confirmed that the county face-covering mandates issued under Executive Order No. 54's delegation (Exs. TN-021, TN-069 to TN-075, TN-083) and the metropolitan health departments' mandates (Exs. MET-BNA-005, -009, -034, -062) were lawful exercises of the police power; applied Jacobson ('a community has the right to protect itself against an epidemic of disease which threatens the safety of its members') and The Local Spot v. Lee (Ex. DUT-TN-018), and stated that 'the governmental decision as to how best to protect the public is afforded great deference.' Character as recorded: agency_interpretation (Attorney General opinion).

Retrieval note

Official PDF from the Attorney General's site (643,472 bytes). The letterhead date is in the image layer and the Attorney General's index page carries no dates; the month is fixed by the opinion's own references. The Analysis text layer is doubled-character; the Question and Opinion sections extract cleanly.