With debates regarding the legality of mask mandates taking place across the state, Attorney General Herbert H. Slatery III issued an opinion Friday saying that mandates are constitutionally defensible. Slatery wrote in the opinion that for more than a century, the U.S. Supreme Court has recognized that “a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.” Slatery continued that “courts can only overturn orders that have no “real or substantial relation” to protecting public health or are “beyond all question, a plain, palpable invasion of rights secured by the fundamental law.” He also addressed the complaint that mask mandates trample on personal liberty. Slatery found that while personal liberty is guaranteed by both the state and U.S. constitutions, that does not mean individuals are "wholly freed from restraint." Liberty can be regulated, he said, when it is for the greater good of the community. Read more in the Tennessean.

A panel of legal professionals on Monday said that, four months into the COVID-19 pandemic, many attorneys seem to have adjusted to working from home and may not need to get back in the office anytime soon, Law360 reports. The New York City Bar Association hosted the event to discuss challenges facing the legal profession during the pandemic. Debevoise & Plimpton LLP partner Jyotin Hamid told the audience, "I think now that we've recognized that we can do a lot more than we might have imagined remotely, we're going to continue to do that because it's better in so many ways." Other speakers said they are expecting firms to continue to offer flexible working arrangements because not all attorneys wish to go back to the office. One panelist listed health concerns and family responsibilities as reasons some attorneys don’t wish to go back, adding that law firms can’t dictate which employees qualify as “high-risk” for severe illness from the virus. 

During his weekly press conference, Gov. Bill Lee today said he will not issue a mask mandate statewide, the Daily Memphian reports. Lee contends the best way to get people to wear a mask is to have buy-in. “And for mask-wearing to be sustainable, you’ve got to have buy-in, and a mandate is simply a mandate. It doesn’t equate to mask-wearing,” he said at his weekly press conference. “And there’s a great deal of trust in local leadership, so that targeted approach, we believe, is the best way to actually get people to engage in mask-wearing more effectively than a statewide, mask-wearing, one-size-fits-all mandate.” While refusing to order residents to wear masks, the governor launched an ad campaign Thursday urging people to put on masks in public to help fight the spread of COVID-19.

The Tennessee Supreme Court has rejected a petition for an emergency rule waiver that asked the court to waive the bar examination requirement of the Tennessee Rules for Admission to the Bar and grant diploma privilege to those currently registered for the July, September and February 2021 bar exams. The petition argued that the COVID-19 pandemic “created exceptional circumstances in Tennessee which warrants emergency diploma privilege” and included impact statements from applicants on the hardships they have experienced because of the pandemic. The deans of four Tennessee law schools also expressed support for the petition. The Tennessee Board of Law Examiners opposed the petition arguing that “exempting certain bar applicants from taking a competency examination poses an unreasonable risk of harm to the public.” The board also noted that the court had already taken several steps to address issues faced by recent law school graduates. The court said that while it is sensitive to the hardships and challenges faced by the graduates, it did not believe the measure was in the interest of the public and the administration of justice.

The COVID-19 threat did not scare away Knox citizens summoned for the first masked jury trial in the county since the pandemic impacted court operations across the state. The first day “went off without a hitch,” Knoxnews reports. Of the 63 citizens summoned for jury duty, only one did not show and most arrived already donning masks. No one raised health concerns when Criminal Court Judge Kyle Hixson made his initial remarks to prospective jurors. Responding to concerns about public access to proceedings, Hixson designated one seat in the courtroom for the public and had a video feed set up outside the courtroom during jury selection. Once the jury was chosen, he allowed members of the public and the media to be in the courtroom so long as social distancing guidelines were met.

Memphis bars have filed suit in federal court to challenge city and county regulations requiring the closure of limited-service restaurants. Two groups of plaintiffs are arguing that the rules are arbitrary and irrational, the Daily Memphian reports. U.S. District Court Judge John T. Fowlkes Jr. heard from one group on Monday. U.S. District Court Judge Jon P. McCalla is scheduled to hear another case on July 27. The cases arise from the July 8 closing of limited-service restaurants, which are restaurants where 50% or more of revenue is generated from the sale of alcohol. Plaintiffs also are questioning why bars on Beale Street have been allowed to stay open. Health officials say a state law adopted 30 years ago deems those establishments to be in a historic district and therefore exempt from the criteria to obtain a full restaurant license.

Criminal Court Judge Kyle Hixson today opened the first jury trial in Knox County since the state Supreme Court suspended proceedings due to the COVID-19 pandemic, Knoxnews reports. Hixson and Knox County Health Department officials had gone back and forth on the layout of the courtroom because the original plan did not meet Centers for Disease Control and Prevention social distancing guidelines. Those plans were later changed to allow jurors and others to be six feet apart. “The criminal justice system is absolutely essential," Hixson said. "We must continue to hold jury trials in a way that honors the Constitution and protects the safety (of the public).” The Knox County Public Defender’s office had filed an emergency motion to stop the proceedings, but the Court of Criminal Appeals denied the motion Monday night.

Federal grant funding remains available for local law enforcement agencies, jails and courts for expenses related to COVID-19, the state Department of Finance & Administration reported yesterday. The funding through the federal Office of Criminal Justice Programs can be used to purchase equipment for remote hearings and personal protective equipment as well as training and travel expenses. Jails are eligible for grants up to $20,000, while courts and law enforcement are eligible for grants up to $10,000. The deadline for court and jails to apply has been extended to July 31. The deadline for law enforcement agencies remains July 24. Get details here.

Hundreds of Tennessee employees have reported living in fear for their health as their employers allegedly failed to abide by state and federal COVID-19 guidelines. The Tennessean reports that between March 1 and June 30, the Tennessee Occupational Safety and Health Administration processed 640 complaints alleging unsafe working conditions including inadequate personal protective equipment, lack of social distancing, inability to take time off to get tested for COVID-19, lack of information about coworkers who test positive for the virus, and the unwillingness of management to listen to safety concerns. In response to such complaints, TOSHA can notify employers of the complaint and reiterate federal and state safety recommendations, but cannot issue citations since it does not have workplace standards pertaining to COVID-19. Workers' advocates are calling on the state legislature to remedy the issue by adding COVID-19 standards to TOSHA’s enforcement authority.

To help schools and school districts prepare for the upcoming school year, Lewis Thomason has partnered with MyBenefitschannel, LeaderU and Five Points to provide education and training apps for teachers. Sessions include COVID-19 and Personnel Issues, COVID-19 and Student Issues, and Title IX Updates for New Rules by firm lawyers Chuck Cagle and Chris McCarty. The resources will remain available through Nov. 30.