Shelby County filed suit yesterday against Gov. Bill Lee for his executive order allowing parents to opt their children out of mask mandates at K-12 schools, the Daily Memphian reports. The federal suit, filed in U.S. Division for Western District of Tennessee, says Executive Order 84 should be revoked under U.S. Constitution protections under the 14th Amendment. It argues that children who are not eligible for the vaccine have no protection against exposure to students infected with COVID-19, “potentially causing them to suffer fear, uncertainty and possibly even death.” The suit also says the executive order “violates the decencies of civilized conduct” in an action that “shocks the conscience.” Shelby County is represented by attorneys from Burch, Porter and Johnson in Memphis.

On Monday, the 6th U.S. Circuit Court of Appeals upheld a federal judge’s refusal to block a mask mandate in a challenge brought by a Catholic elementary school in Lansing, Michigan.

Shelby County General Sessions Civil Court has suspended all in-person court hearings through the end of the month because of possible COVID-19 exposure, WREG Memphis reports. All six divisions of the court closed yesterday and will reopen Sept. 1. Aside from the hearings, the court is fully operational. To reach someone at the court for general information, call 901-222-3400. For court support, call 901-222-3416.

The Tennessee Supreme Court today issued an order encouraging the use of masks in the courtroom and prompting courts to utilize available technology to avoid in-person court proceedings when possible. The order also states that judges should not allow anyone who has tested positive for the COVID-19 virus to appear in court. Supreme Court Justice Sharon Lee issued a separate concurring/dissenting order in which she expressed her agreement with today’s order, “except for the section that strongly encourages, but does not require, facial coverings in courtrooms.” The order comes after a resurgence of the COVID-19 virus in Tennessee and its “burden on the health care system.”

Washington County, Arkansas, officials said yesterday at a finance and budget committee meeting that inmates at the county jail have been treated for COVID-19 with ivermectin, an anti-parasite drug commonly used for livestock. The discovery was made after a county employee tested positive for the virus and later received a prescription for ivermectin. “The employee had the good fortune of having a primary care physician to ask for a second opinion and our inmates do not have the choice,” said Eva Madison, Washington County Justice of the Peace. The county sheriff defended the jail’s health care partner at the meeting.  “Whatever a doctor prescribes, that is not in my bailiwick. I haven’t been to medical school,” he said. The American Civil Liberties Union (ACLU) later released a statement condemning “medical experimentation” on anyone, including inmates and said it had requested records from the sheriff’s office and its health care partner, Karas Correctional Medical. WKRN has the full story. 

The Lawrence County clerk’s office has halted all in-person business this week due to a recent spread of the COVID-19 virus among staff members, the Daily Herald reports. According to County Executive T.R. Williams, four of the eight staff members tested positive for the virus with another two awaiting test results. The office, located at 200 West Gaines St. in Lawrenceburg, will be closed for at least one week.

Shelby County Circuit Court Judge Felicia Corbin Johnson this week announced updated safety procedures for her court. Per her statement, the court will try to accommodate attorneys, parties, experts and witnesses, who for various reasons, do not yet feel comfortable attending in-person proceedings. For bench trials, the parties will have the option of having their matter heard in person or via Zoom. All jury trials, however, will be in person. All status conferences will be held virtually unless an in-person conference is requested. Attorneys may choose to have motions held in person, by Zoom or via brief without oral argument. Attorneys also may continue to submit orders via email. Read Johnson’s full statement.

U.S. Education Secretary Miguel A. Cardona is questioning the legality of Gov. Bill Lee’s executive order that allows parents to opt out of mask mandates imposed by local school districts, News Channel 5 reports. In a letter sent to Lee and Tennessee Education Commissioner Penny Schwinn, Cardona says the order may “infringe upon a school district’s authority to adopt policies to protect students and educators as they develop their safe return to in-person instruction plans required by Federal law.” In related news, the Shelby County Health Department issued a new countywide mask mandate in all indoor public settings for anyone over the age of two, regardless of vaccination status. The order will take effect tomorrow morning and last for at least 30 days, the Commercial Appeal reports.

Gov. Bill Lee this afternoon rejected calls from members of his own party to hold a special legislative session, instead announcing he is issuing an executive order requiring schools to allow parents to exempt their children from local school boards’ mask mandates, the Tennessean reports. In issuing Executive Order 84, Lee said, "Districts will make the decision they believe are best for their schools, but parents will have the ultimate decision-making for their individual child’s health and well-being." Soon after Lee's announcement, House Majority Leader Cameron Sexton, R-Crossville, said the need for a special session had been averted "in the interim," but that he still wants to see action taken to limit the power of health departments in places like Nashville and Memphis.

No jury trials have been held in Shelby County since early last year due to the COVID-19 pandemic, but now court officials worry that the potential make up of juries will further delay return to the courtroom, News 5 reports. Judge Chris Craft explains: “Attorneys on both sides are worried we won’t get a fair representation to pick the jury from. None of them want to try a case when we have a skewed jury pool because of the virus.” In addition to concerns about jury diversity, officials also are concerned about constitutional issues that arise when justice is delayed. Some defendants have been waiting in the Shelby County jail for nearly a year to get their day in court according to the station.

In March, Tennessee's housing agency launched a statewide program providing aid to families having difficulty paying rent during the COVID-19 pandemic. Fully funded by federal dollars, the program was expected to help 20,000 to 30,000 families remain in their homes for up to 12 months. But five months later, only a fraction of the money, about 4%, has gone out to just 2,400 families, the Tennessean reports. The reason according to state officials is lack of demand. In addition to the state aid, five localities — Memphis, Knox County, Nashville, Rutherford County and Shelby County — also received federal funds to set up similar programs.