Judge: Gov. Lee's mask opt-out can endanger disabled kids

A federal judge has again blocked Tennessee Gov. Bill Lee from allowing parents to opt out of school mask requirements aimed at limiting coronavirus infections in Shelby County

MEMPHIS, Tenn. -- A federal judge has indefinitely blocked Tennessee Gov. Bill Lee from allowing parents to opt out of school mask requirements in Shelby County, saying Friday that evidence shows Lee's order prevents children with health problems from safely going to school during the coronavirus pandemic.

U.S. District Judge Sheryl Lipman issued the preliminary injunction after parents of students with health conditions argued that the Republican governor's executive order endangered their children and hurt their ability to attend in-person classes by allowing others to opt-out of a mask mandate.

“It is that unmasked presence that creates the danger to these Plaintiffs," the judge wrote Friday.

Lipman had already issued a temporary restraining order on Sept. 3 stopping schools from allowing parents to opt-out. It was set to expire Friday. The preliminary injunction continues blocking Lee’s order as the federal lawsuit proceeds.