Shelby County students cannot opt out of mask mandate, judge rules

SHELBY COUNTY, Tenn. — A Tennessee judge ruled Friday morning that a face mask requirement is lawful in Shelby County schools.

U.S. District Judge Sheryl Lipman granted an injunction that halts Governor Bill Lee’s Executive Order 84, which allowed parents to opt out of the mask mandate.

MORE: Masks required in schools across Shelby Co. after judge overrules Gov. Lee’s opt-out policy

All students in K-12 schools in the county must mask up.

”With little kids, it’s like why not make our kids a little safer?” said parent Kelsey Ellison.

The ruling is a win for Kelsey Ellison and her son.

”Our son is in pre-school. They have a mask mandate. There have been no problems. They all wear their masks. And I think it works,” said Ellison.

“I’m totally supportive of that decision,” Shelby County resident Susan Prince told FOX13. “These are our most vulnerable populations and we need to keep them safe, whatever it takes.”

The judge also wrote “a masking requirement does not pose an unreasonable burden on other children at Shelby County public schools,” records show.

”Most of the teachers I talk to want their students to wear masks to keep their kids safe,” said Prince. 

The judge previously overruled Gov. Lee’s mask opt-out policy, saying the order was unconstitutional. That temporary restraining order expires Friday afternoon.

The injunction on the opt-out order will be in effect until the judge issues a final order, or unless it’s dissolved sooner by the court.

Not everyone is in support of the judge’s ruling, initially when the governor passed his executive order more than 1,000 students in surrounding municipalities opted out of the mask mandate.

MORE: SCS parents plan trip to Nashville to discuss remote learning option with Gov. Lee

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