Two native households suing Gov. Lee, Shelby Co. over masks opt-out order – FOX13 Information Memphis
SHELBY COUNTY – Two Shelby County families have filed federal lawsuits against Governor Bill Lee and Shelby County on behalf of their children. The lawsuit alleges Lee’s executive order, which allows parents to opt out of masking requirements for their children in schools, violates the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
The lawsuit is aimed at preventing parents and students from rejecting the Shelby County’s mask mandate issued by the Shelby County Health Department.
ADA and Section 504 prohibit the exclusion of students with disabilities from public education programs and activities. The plaintiffs in the proceedings are students with disabilities within the meaning of the ADA, who carry an increased risk of serious complications or death if they are infected with COVID-19.
Students attend West Middle School in the Collierville Municipal School District and Houston Middle School in the Germantown Municipal School District.
Like the lawsuit Shelby County filed against Governor Lee on Thursday, that lawsuit also quotes the governor’s quote: “If you want to keep your child safe from the virus or from quarantine, the best way to do it is when you have yours Children with school have a mask. “It also refers to the current high number of children with COVID-19.
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The lawsuit states: “The governor has empowered the parents of medically vulnerable students to decide whether to keep their children at home where they are likely to experience further learning loss or to move them to an environment that is at serious risk represents for health. ” their health and safety. This brutal decision forces children into a situation that violates Section 504 and the ADA. “
Shelby County is also named in the lawsuit for failing to “enforce its own masking order” in schools.
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