Tennessee Gov. Sued for Allowing Kids to Be Maskless at School, Allegedly Endangering Children With Disabilities

Shelby County ADA Class Action Lawsuit Overview:

• Who: Two children, represented by their parents, are suing Tennessee Gov. Bill Lee over an executive order of his that allows kids to opt out of wearing a mask in school.
• Why: The children, both of whom have disabilities, allege in the lawsuit that Lee’s order endangers them and violates the Americans with Disabilities Act.
• Where: The lawsuit was filed in federal court in Tennessee.

An executive order issued by the Governor of Tennessee that allows parents to have their kids opt out of wearing a mask at school is illegal and endangers children protected under the Americans with Disabilities Act (ADA), a new class action lawsuit alleges.

An 11-year-old girl and a 13-year-old boy — both of whom have disabilities — are the plaintiffs in the class action complaint filed last Friday against Tennessee Gov. Bill Lee in a Tennessee court. 

They are looking to represent a Class of students with disabilities who attend public school in Shelby County. 

The children, who are represented by their parents, allege that Governor Lee violated the law when he issued Executive Order No. 84 on Aug. 17, which allowed parents to opt their children out of the Shelby County Mask Mandate. 

They say the order forced the parents of school children with disabilities to make the “impossible decision” of deciding whether to pull their children out of in-person learning or risk “severe reactions or death” as a result of COVID-19. 

It went over the top of an order issued just 10 days before that had required all schools to require universal indoor masking for all teachers, staff, students, and visitors.

“The Governor has put the parents of medically vulnerable students in the position of having to decide whether to keep their children at home where they will likely suffer continued learning loss or risk placing them in an environment that presents a serious risk to their health and safety,” the class action states. 

“This brutal choice forces children into a situation that violates Section 504 [of the Rehabilitation Act] and the ADA.”

The ADA and Section 504 prohibit the exclusion of students with disabilities from public educational programs and activities. 

The lawsuit also alleges that Shelby County’s children are uniquely vulnerable due to a higher-than-usual number of children suffering from conditions that the CDC has determined make them medically vulnerable to COVID-19.

“Children in Shelby County are more likely to be overweight, have diabetes, hypertension, poor diet, asthma, and immunosuppression than other parts of the state,” the class action states.

It says, as of Aug. 11, Shelby County had 1,435 confirmed cases of school-aged children with COVID-19 diagnosed in two weeks. 

“Thus, while COVID-19 poses a high risk to children everywhere, it is especially threatening to children in Shelby County, so many of whom suffer from medical conditions that render them more vulnerable to COVID-19.” 

They are seeking certification of the class action, a temporary restraining order preventing parents from allowing their kids to go maskless at school, fees, costs and expenses. 

This is not the only class action lawsuit filed over COVID-19 safety protocol in schools. In Michigan, a new class action lawsuit argues Michigan State University (MSU) employees who have already contracted COVID-19 and now have antibodies should not have to get the vaccine to return to work. 

What do you think of this class action lawsuit filed on behalf of students with disabilities? Let us know in the comments! 

The plaintiff is represented by Bryce W. Ashby, Brice M. Timmons, Robert A. Donati and Craig A. Edgington of Donati Law, PLLC.

The Shelby County ADA Class Action Lawsuit is G.S. et al., v. Governor Bill Lee, et al., Case No. 2:21-cv-02552, in the U.S. District Court Western District of Tennessee Western Division

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