A federal decide granted a preliminary injunction Friday that may enable Shelby County Faculties to proceed to mandate all college students put on masks as a technique to mitigate COVID-19.
The order blocks Tennessee Gov. Invoice Lee’s govt order that allowed dad and mom to decide kids out of faculty masks mandates. U.S. District Court docket for the Western District of Tennessee Decide Sheryl Lipman beforehand issued a non permanent restraining order within the case, which prevented the enforcement of Lee’s govt order via Friday.
The preliminary injunction is ready to be in impact till the case is resolved.
“Based mostly on the testimony and proof provided on the TRO Listening to and on the Preliminary Injunction Listening to and associated filings, and pursuant to Federal Rule of Civil Process 65, the Court docket finds that good trigger exists to difficulty a Preliminary Injunction in opposition to Governor Lee,” Lipman wrote.
The plaintiffs within the case are 11-, 13- and 14-year-olds within the Shelby County colleges with disabilities that put them at increased threat for an infection and negative effects of an infection.
The lawsuit, filed Aug. 27, claims Lee’s govt order violates the People with Disabilities Act as a result of it doesn’t enable the plaintiffs “to entry cheap safety from the specter of publicity to COVID-19.”
The court docket once more dominated based mostly on 4 components, together with: probability of success based mostly on deserves, irreparable hurt, no hurt to 3rd events and injunctive aid within the public curiosity.
Lee’s authorized workforce argued his order “has not prevented colleges from defending the well being of disabled college students via precautions aside from masks” and a common masks mandate isn’t an affordable lodging.
“Like plaintiffs, the Court docket additionally disagrees with Governor Lee on this level, and concludes that common masking is an affordable lodging that the Governor’s Govt Order refuses to make accessible to colleges, college techniques and, on this case, the Shelby County Well being Division.”
The American Academy of Pediatrics (AAP) and the Tennessee chapter of the AAP joined the households in assist of the lawsuit earlier this week.