Parents to go ahead with suit over mask mandate

For a second time, a judge delayed on Tuesday a lawsuit filed by multiple parents over mask requirements in Wilson County Schools, east of Nashville, from last school year.

Circuit Court Judge Clara Byrd set another court date for Dec. 1 because the plaintiffs no longer had an attorney.

Tuesday’s hearing was originally set to hear a motion by the district’s attorneys to dismiss the case.

The motion also was delayed in August because the plaintiffs’ attorney, John Tennyson, had not completed periodic continuing education credits and was unlicensed, the judge said.

Tennyson still was unlicensed as of Tuesday, according to parent Tim Thomas, who was the lone representative for the plaintiffs. Thomas requested another hearing, which the judge granted.

Thomas said he believes there presently are 11 parents involved in the lawsuit against the district.

Thomas wasn’t aware that Tennyson would not be representing the parents until last week, he said.

Tennyson will not represent the parents in the lawsuit moving forward, Thomas told the judge.

“I’m just asking for an opportunity to get an attorney who can help us,” Thomas said during Tuesday’s hearing.

Parents included in the lawsuit could argue at the Dec. 1 hearing on their own behalf if an attorney is not hired, the judge said.

But the parents’ plan is to retain a new attorney and there are a “couple of leads,” Thomas said after the hearing.

Face coverings were a requirement for Wilson County students in grades 6-12 and for staff and transportation personnel during the 2020-21 school year, which prompted the lawsuit.

Wilson County Schools had an optional face-covering policy to start this school year.

But the school board made face masks a requirement during school hours in September with the provision that parents could opt their children out of the mandate according to an executive order by Gov. Bill Lee.

The lawsuit seeks declaratory judgment because the plaintiffs believe Wilson County School Board mask mandates exceed the scope of authority granted to local school boards by the Tennessee General Assembly.

On Saturday, Tennessee lawmakers approved legislation prohibiting public schools from putting mask mandates in place, except when local caseloads of the virus reach extremely high levels and the governor issues an emergency declaration.

Lee has not yet taken action on the bill. The governor has 10 calendar days excluding Sundays to sign or veto the new legislation once it comes to the governor’s desk.

Lee’s executive order that allows parents the choice to opt their children out of a mask requirement expires Friday. The governor can renew the order, but wouldn’t need to if he signs the new legislation that would stop school mask requirements.

Thomas said he believes it still is important to determine whether school districts ever had the authority to require face coverings moving forward even if the new legislation is signed.