Mask Mandates and Executive Orders Challenged by Lawsuits in Multiple Tennessee Courts
Submitted by David Seal,
Three lawsuits originating in Davidson and Williamson Counties could have statewide implications on the ability of local governments, mayors, and school districts to impose mask mandates and limit constitutional rights by executive order.
All three suits challenge the authority of executive orders issued by Tennessee Governor Bill Lee, orders that serve as the genesis for mask mandates and other controversial orders made by local mayors and school directors. Violating an executive order in Tennessee is a Class A Misdemeanor, punishable by incarceration and a monetary fine of $2500 (T.C.A. § 58-2-120). Using certain Executive Orders issued by Lee, some Tennessee mayors have imposed limits on constitutional free assembly and ordered certain businesses deemed as “non-essential” to temporarily close, measures that are described as “government overreach and abuse of authority” by Tennessee Stands, a plaintiff in all three cases.
One Tennessee code section is at the heart of many executive orders that have been issued by the state administration in 2020, a code section that plaintiffs contend is unconstitutional under multiple articles of The Constitution of the State of Tennessee. Plaintiffs argue, among other things, that T.C.A. § 58-2-107 improperly delegates legislative authority to the executive branch of state government in times of emergency. They allege that delegation of legislative authority has improperly empowered local governments and school districts to impose mask mandates and facilitate unconstitutional rules. In all three cases, plaintiffs have requested injunctive and declaratory relief from the court.
Cases are summarized and linked as follows.
Citizens for Limited Government and Constitutional Integrity Inc. et.al. vs. Governor Bill Lee
Davidson County Chancery Court at Nashville
In this case, multiple businesses, public interest organizations, and individuals have filed suit against Davidson County and Metropolitan Government of Nashville and against Governor Lee as intervening plaintiffs seeking relief from overreach of executive authority.
Citizens for Limited Government and Constitutional Integrity Inc. et.al. vs. Jason Golden, Superintendent Williamson County Schools et.al
Williamson County Chancery Court
Citizens challenge the mask mandate imposed by Williamson County Schools and Franklin Special School District, seeking among other things a declaration that local schools do not have the authority to impose mask and other health mandates, stating in part: “the Tennessee State Legislature, in its limited grant of authority, has not authorized local boards of education to promulgate compulsory health mandates before allowing a student to attend public school within a school building. See T.C.A. §49-2-203.”
Citizens for Limited Government and Constitutional Integrity Inc. et.al. vs. Rogers C. Anderson, Mayor of Williamson County
Williamson County Chancery Court
Citizens challenge Mayor Anderson’s authority to issue a mask mandate, ask the court to enjoin and restrain enforcement of the same, and declare the mayor’s executive order (mask mandate) as an unconstitutional abuse of authority. The plaintiff, Tennessee Stands, describe their organization as a non-profit comprised of citizens and residents of the State of Tennessee and Williamson County for the promotion of governmental respect for the constitutional rights of citizens.
A complete set of documents, timeline of filing, case updates, and mission statement can be accessed at Tennessee Stands.
