Lee Continues to Lose in Court

 Tennessee Gov. Bill Lee continues to face losses in federal court. This time, a federal judge has ruled that legislation he supported banning mask mandates in schools cannot be enforced. That is to say, those districts using mandatory masking to protect the health and safety of students and teachers may continue to do so. 

Lee continues to lose in court, and the ruling is being interpreted as having broad application to the entire state, therefore allowing districts with mask mandates to circumvent the recently-passed state legislation.

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A Map and Masks

A recently published map highlights the current challenges TN faces when it comes to controlling the spread of COVID-19. It shows Kentucky -- where COVID-19 is largely controlled -- and TN, where most counties are seeing more than 25 new cases per 100,000 residents each day -- and where there is no statewide mask mandate and bars are open. Counties in red have great than 25 cases per 100,000 a day. 

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Bill Lee's Stronger Urging

Gov. Bill Lee today issued a "Stay Home" order to replace his previous "Safer at Home" order. This new executive order in response to the COVID-19 pandemic comes after more than 2000 physicians encouraged Lee to take bolder action.

An initial reading of the document indicates the wording is simply stronger -- a more forceful "urging" than in the previous order. That is, Tennesseans are to "stay home" unless carrying out "essential functions." These functions include going to the grocery, pharmacy, and bank as well as going to work at a long list of essential businesses.

From reporter Steven Hale:

Steven Hale

@iamstevenhale

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As more details come out, it does sound as if the governor's new order is simply a more strongly worded "urging." With that said, it only seems fair to acknowledge that it's hard to envision a means of enforcing such an order that we'd really be comfortable with.

In other words, instead of Lee simply urging you to stay home, he's now saying: "Stay Home."

Of course, absent some broader enforcement mechanism (such as fines or curfews), it's difficult to imagine something much more stringent. Of course, Lee could significantly shorten the list of essential businesses -- so less people are going to work or to places that are open. So far, he's not done that.

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