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Knox County Mask Mandate Overview:
- Who: Parents of students with disabilities are suing Tennessee Gov. Bill Lee and Knox County, Tennessee.
- What: They claim that the governor and county are putting their children at risk by not enforcing a mask mandate in schools.
- When: Knoxville, Tennessee.
A group of Tennessee parents who have children living with disabilities in Knox County public schools have filed a class action lawsuit against the state’s governor and the county for putting their children at risk by not implementing a mask mandate in schools.
The class action lawsuit was filed by the parents of three students who allege that Tennessee Gov. Bill Lee and Knox County are violating the Rehabilitation Act and Americans with Disabilities Act by allowing parents to disregard the findings of the CDC, the American Academy of Pediatrics, Le Bonheur Children’s Hospital, and the University of Tennessee Health Sciences Center about the necessity for masks to reduce the spread of COVID-19.
The county has not issued a mask mandate in schools and Lee has issued an executive order overruling any mask mandates, saying it is up to parents to decide whether their children should wear masks or not.
It is not the first class action lawsuit Lee is facing over his executive order. Earlier this month, the parents of an 11-year-old girl and a 13-year-old boy — both of whom have disabilities — filed a complaint alleging that Lee violated the law when he issued Executive Order No. 84 on Aug. 17, which allowed parents to opt their children out of the mandate in their district — Shelby County.
According to the new lawsuit, Knox County has seen COVID-19 infections among school aged children increase substantially since school reopened in 2021. As of September 2, 2021, Knox County schools reported 750 known and active cases among students and an additional 140 cases among staff members.
The claim says that, because of the lack of the mandate, the three students involved in the lawsuit have been “unable to safely attend school without increased risks of serious injury or even death, unlike their nondisabled peers.”
“They are, or would be, in close proximity to unmasked students in hallways, bathrooms, the cafeteria, the gym, the playground, on buses, and in classrooms, and are exposed to a substantial likelihood or risk of serious injury or even death.”
The inaction of Knox County, and the action of Governor Lee’s Executive Order, the lawsuit reads, places the children in an impossible dilemma: “risk their life to obtain the basic fundamental right to education or stay home and fall further behind academically, socially, and mentally from lack of access to school.”
For medically fragile children, the consequences of COVID-19 can be, and often are, terrifying to the child and for their parents, the lawsuit explains, citing a case in Maryville where a student was placed on a ventilator with fluid in her lungs, unable to communicate with her parent, and her parent being confronted with questions about whether to resuscitate after she contracted COVID-19.
The students and parents are seeking a restraining order against Lee’s executive order and an injunction requiring Knox County to enforce a mask mandate. They want to represent any students in the county with disabilities.
Who do you think should make the decision over masking in schools? Let us know in the comments section!
The students are represented by Justin S. Gilbert of Gilbert Law, PLC and Jessica F. Salonus of The Salonus Firm.
The Knox County Mask Mandate Class Action Lawsuit is S.B., et al. v. Governor Bill Lee, et al., Case No. 3:21-cv-00317 in the U.S. District Court For The Eastern District Of Tennessee At Knoxville.
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4 thoughts onParents Sue Tennessee Governor, County for Lack of Mask Mandate in Schools
I don’t understand how you can expect all of society to change their lives to accommodate you. We have no information on how masking effects children mentally and developmentally long term. My neighbor has a daughter who has hearing problems and not being able to see peoples faces and mouth movements impairs her ability to understand and communicate so they have decided to homeschool her. Others have said if I don’t like it I should homeschool my kids, why should it not be the other way around? We accommodate people in wheelchairs by providing a ramp for access but we don’t force everyone who can walk to use the ramp. You are effectively making a medical decision for my children without my consent or input. I will be pushing for a school voucher program in my area so parents can take their tax dollars out of the public school system and take them where they have greater choice in their children’s health and education.
I live here in TN. I have to agree with our governor on not mandating wearing a mask in schools. We are no longer required to wear masks anywhere else, so why should we require them in schools? Yes, I have children, and it should be up to the parent to be a parent and make their child wear a mask if the parent so chooses. If a parent doesn’t like that our governor doesnt mandate wearing a mask in schools, theres always homeschooling your children if the parent is that stressed over it, and getting their child the covid shot.
The issue today is people have kids. but dont want to be a parent, they want to be their kids friend. Then get mad fussing when someone puts these kids in their place. I’m not that old yet, and I am a mother to my son first, and then his friend. I raised my son alone cuz his dad passed away when my son was 10. When my son needed a spanking, he got one. Side effect was it taught him respect and manners. Should you want your child to go to public school, then be a parent and make your child wear a mask. Its not the government’s place to raise your children. They didnt choose to have these children, so be a mom and/or dad, put your foot down to your children, and stop trying to get the elected officials to pass laws that force you not to have to be a parent, and stay a friend. I’m sorry but this angers me. I apologize for what I’m stating, but parents dont want to be real parents, then dont have kids. And if these parents want to whine and cry about wearing masks, then theres always homeschooling.
Until the vaccine becomes available for children, mask mandates should certainly be enforced or go back to home schooling. The governnor of Tennessee is an accessory to murder of every child who dies of Covid in his state.
That’s a little extreme isn’t it? Accusing people of murder? Me, I just refuse to buy anything made in China.