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Ex. TN-068 Order Primary source read

S.B. v. Lee, No. 3:21-cv-00317, Amended Memorandum Opinion and Order (E.D. Tenn. Oct. 12, 2021)

Amended Memorandum Opinion and Order granting preliminary injunction: Knox County Board of Education ordered to enforce a mask mandate; Governor enjoined from enforcing Executive Order No. 84 in Knox County

United States District Court for the Eastern District of Tennessee (Greer, J.) · Tennessee (Knox County) (Court)

The COVID Project

The record

Jurisdiction
Tennessee (Knox County) · Tennessee
Level
Court
Authority
Fed. R. Civ. P. 65; Title II of the ADA
Issued
2021-10-12 Oct. 12, 2021
Effective
Oct. 12, 2021 (read as 2021-10-12)
End
Modified Oct. 18, 2021 and later orders (read as 2021-10-18)
In force
Oct. 12, 2021 to Oct. 18, 2021
Limitation types
Face-covering requirementSchools and child careCourts and public offices
Addressees
  • Governor Lee
  • Knox County Board of Education
Functions reached
  • post-period for Knox County (Oct. 12, 2021); the opinion's findings describe the Q3 2021 conditions: Knox County Schools 'on fire' with COVID-19, and the Shelby County Health Department's Aug. 2021 school and day-care mask order
Collection
Tennessee TN

Operative words

why would a board of education bother acting to adopt a mask mandate when Governor Lee's executive order allows students not to comply with it? Governor Lee's executive order reduces any board of education's mask mandate to a mere paper tiger. Just consider the facts in a similar case, G.S. by and through Schwaigert v. Lee, ___ F. Supp. 3d ___, 2021 WL 4057812 (W.D. Tenn. Sept. 3, 2021). In that case, the Shelby County Department of Health entered an order requiring 'all K-12, Pre-K schools, and Daycare facilities to require [masks]'... Because his executive order forestalls Plaintiffs from pursuing an alleged reasonable accommodation under the ADA, the Court clearly has license to enjoin his executive order and is likely to do so.

Enforcement

Federal court injunction

Notes

Included for its recital of the Q3 2021 chain: EO 84 (Aug. 16), the Shelby County Health Department school and day-care mask directive, G.S. v. Lee (W.D. Tenn. Sept. 3, 2021), and the Knox County Board's Sept. 1, 2021 vote against masks

Retrieval note

Filed 10/12/21; this exhibit is kept here for the statewide EO 84 chronology.