Federal judge denies state's request to overturn own order on school mask law as appeal continues

Tennessee's attempts to implement its newest approach to masks in schools has once again failed in the courts.

U.S. District Judge Waverly D. Crenshaw on Tuesday denied the state's request for him to set aside his own December order on the matter. Crenshaw temporarily blocked the new law.

The state had asked him to defer his decision while it appealed.

Tennessee has not proven the harm in "allowing school districts to make informed choices about masking and quarantining based upon local conditions and circumstance, just as they have throughout the pandemic," he wrote.

He was dismissive of the state's attempt.

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"Charitably put, Defendants’ (the state's) motion reads more like a motion for reconsideration than a motion to stay," Crenshaw wrote.

The portion of the law in question would prevent schools from issuing mask mandates, except in the most dire circumstances, and strip local health and school officials of their ability to set COVID-19 quarantine policies.

As part of the ongoing case, Crenshaw last month issued the injunction blocking the state from enforcing that law while the legal battle continues.

Students with disabilities in Tennessee schools, and their parents, challenged the new law.

They argue the law likely violates federal disability rights protections and leaves children in danger of contracting the virus if local school districts don't have the ability to respond rapidly to the spread of the coronavirus.

The state has argued that existing disability accommodation laws provide enough protection for students. Tennessee also argued individual accommodations are specifically carved out in the new law.

Attorneys for the state most recently asked for a stay of the December injunction pending the outcome of an ongoing appeal before the 6th U.S. Circuit Court of Appeals.

They argued they have an interest in creating uniform standards statewide for implementing COVID-19 protections, which they say the new law does.

They also argued the court overstepped its authority in the broad injunction that currently applies to the entire state without adequately examining the case.

Crenshaw reminded the state of the 50-page memo he released alongside his order.

"This, too, is demonstrably incorrect," he wrote. "The Court gave a detailed and reasoned basis for each of the conclusions."

Gov. Bill Lee in November signed a comprehensive legislative package from an October special session aimed at curtailing the power local agencies have over COVID-19 restrictions. He also ended the COVID-19 state of emergency in Tennessee.

Reach reporter Mariah Timms at mtimms@tennessean.com or 615-259-8344 and on Twitter @MariahTimms.

This article originally appeared on Nashville Tennessean: Judge denies state's request to overturn own order on school masks