MEMPHIS, Tenn. — Friday afternoon, U.S. District Court Judge Sheryl H. Lipman issued a temporary restraining order that prohibits school districts from enforcing Governor Bill Lee's Executive Order No. 84.
The restraining order mandates that Shelby County enforce its mandatory masking mandate in all K-12 schools. It expires at 4 p.m. Sept. 17 “unless it is dissolved sooner or extend by order of this court," the filing said.
There will be a preliminary injunction hearing on September 9, 2021, at 10:00 a.m. It was said that the order was issued "to prevent further injury, damage and loss."
NEWS RELEASE FROM SHELBY COUNTY HEALTH DEPARTMENT:
COURT ORDER REAFFIRMS MASK MANDATE FOR STUDENTS IN SHELBY COUNTY
In a lawsuit filed by parents against Shelby County and Governor Bill Lee, the United States District Court for the Western District of Tennessee has issued a temporary restraining order enjoining Governor Lee from enforcing his Executive Order No. 84 that would allow parents to opt out of Shelby County Health Department’s indoor mask requirement. The Court also orders the County to “enforce its health orders without exception for Governor Lee’s Executive Order No. 84.”
Shelby County’s Health Order No. 25, issued on August 27, 2021, specifies that face masks are to be worn in indoor settings, including schools, unless an appropriate exception applies, such as being under 2 years old. Health Order No. 25 is deemed necessary to limit the spread of the COVID-19 virus, including among school students, many of whom are not yet eligible for vaccination.
The Health Department sought partnership with the schools and school districts prior to implementing its order, and it stands ready to assist schools and daycares to make their facilities safer for children and the adults who work there.
Read the text of Health Order No. 25 at https://www.shelbytnhealth.com/healthdirectives.