A federal judge ruled against Gov. Bill Lee's executive order that allows students to opt out of school mask mandates was struck down by a federal judge.
Two students who had medical conditions filed a lawsuit against the order. They claimed they were unfairly excluded because of COVID-19.
They were deprived of their rights under the Americans with Disabilities Act.
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On Friday, a federal judge in Tennessee ruled against Gov. Bill Lee's executive order that allows students to opt out of school-imposed mask mandates was struck down Friday by a federal judge in Tennessee.
Lee's executive orders were ruled unconstitutional by the judge. Two students brought the case against Lee's executive order. They argued that they were more susceptible to COVID-19 because of their medical conditions, and were therefore being excluded from school activities.
According to The Hill, "Plaintiffs identified ways they have been excluded" from school activities and programs, including physical education classes. They also wrote that their peers were not allowed to socialize with them when inside the school buildings or at lunch.
The Hill reported that Lee's order had resulted in the judge ruling that students' rights under the Americans with Disabilities Act were violated.
According to The Tennessean, Lee signed on August 16 an executive order allowing parents to opt out of school mask mandates to stop the spread of the disease.
Lee stated that while districts will make the best decisions for their schools, parents will ultimately decide for their child's well-being.
Lee stood firm on Thursday despite an increase in COVID-19 cases within the state and a rise in cases among children.
Lee, a Republican, stated that "I believe that a parent can decide what is appropriate for their children," The Tennessean reported.
According to the outlet, he stated that "we believe that masks work" and suggested that, if you want your child to be protected against (COVID-19), you could send him to school wearing a mask.
The Tennessean reported that infection rates among children between 5 and 18 years old are at their highest since the pandemic. Since the outbreak, more than 154,000 children have been diagnosed with the disease. Local24 reported that 40% of all COVID-19 cases in Tennessee were discovered by children.
In light of the spread of the more deadly Delta variant of the disease, the Centers for Disease Control and Prevention recommended that all students and faculty wear face masks. Face masks in schools have become a political issue, as GOP governors from several states are trying to ban them.
According to The Tennessean at least 19 schools in Tennessee have been closed because of COVID-19-related staffing shortages.
