The COVID Project
The record
- Jurisdiction
- Shelby County, Tennessee (United States District Court for the Western District of Tennessee) · Nashville, Memphis and Knoxville · Tennessee
- Level
- Court
- Authority
- 42 U.S.C. § 12205 (ADA fees); 28 U.S.C. § 1961; Fed. R. Civ. P. 65 (underlying injunction)
- Issued
- 2023-11-07 Nov. 7, 2023
- Effective
- 2021-09-03 (TRO) and 2021-09-17 (preliminary injunction), as recited (read as 2021-09-03)
- End
- Executive Order No. 84 rescinded after the General Assembly's November 2021 legislation; Sixth Circuit appeal dismissed December 10, 2021 (read as 2021-12-10)
- In force
- Sept. 3, 2021 to Dec. 10, 2021
- Quarters
- 2021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementSchools and child care
- Addressees
- Governor Bill Lee
- Shelby County Health Department
- local education agencies in Shelby County
- Functions reached
- WF schools and daycares in Shelby County: universal indoor masking compelled from September 3, 2021
- Collection
- Nashville, Memphis and Knoxville MET-BNA
Operative words
Plaintiffs, the parents of school-aged medically vulnerable children in Shelby County, initiated this action in August 2021, asserting that Governor Bill Lee's Executive Order No. 84 and its progeny violated Plaintiffs' rights to access school under the Americans with Disabilities Act ("ADA") and Section 504 of the Rehabilitation Act.... The Court granted Plaintiffs' request for a preliminary injunction on September 17, 2021, finding it likely that the Executive Order violated these rights. (ECF No. 62.) On September 27, 2021, Governor Lee filed an appeal... Before the Sixth Circuit could address the appeal, the Tennessee General Assembly passed legislation that led Governor Lee to rescind the Executive Order in question. (ECF No. 98.) Pursuant to a joint motion by the parties, the Sixth Circuit dismissed the appeal on December 10, 2021.
Enforcement
Notes
The TRO of September 3, 2021 (G.S. by and through Schwaigert v. Lee, 2021 WL 4057812) and preliminary injunction of September 17, 2021 are quoted in S.B. v. Lee (MET-BNA-080 at 15-16): the Shelby County Department of Health's order required all K-12, Pre-K schools, and Daycare facilities to require universal indoor masking; Executive Order No. 84 meant that local education agencies falling under the jurisdiction of Shelby County Health Department's directive could no longer require all students to be masked; the injunction restored the requirement.
Retrieval note7 pages; text layer; The September 3 and September 17, 2021 orders themselves are on govinfo under the same docket package; the fee order and the S.B. v. Lee recital establish their dates and terms.