MEMPHIS, Tenn. — A federal judge is deciding if parents will have the right to opt out of mask mandates at Tennessee schools, or if all students will be required to continue wearing masks.
Last week, Judge Sheryl Lipman issued a temporary restraining order allowing for masks to be requires in Shelby County schools, despite Governor Bill Lee’s executive order allowing parents to opt out.
Lipman now has to decide if that decision will remain in place or be lifted. The judge will issue a written decision, but until then, students in Shelby County will continue to wear masks with no opt out option.
Two Shelby County families with disabled children filed a lawsuit challenging Lee's order. Lawyers for the families said the opt out option violates the Americans with Disabilities Act, and that medically vulnerable children have the right to access school just like healthy children.
During a federal court hearing Thursday, lawyers for the state of Tennessee argued that both groups can attend school and that reasonable accommodations can be made.
"The state is asking that the school districts create segregated environments for disabled and nondisabled students. I thought separate but equal was already decided but apparently we are going to argue that again as it relates to students with disabilities,” said Brice Timmons, an attorney for the parents.
Lawyers for Shelby County told the judge Lee’s executive order inhibits the county’s ability to protect its citizens. They support the request to continue the mandatory masking in school.
Shelby County also filed a lawsuit against Lee over the opt out issue. A hearing in that case will be heard October 1st.