The legislature’s next special session begins tomorrow with a focus on curbing the authority of health departments, schools and private businesses to impose COVID-19 mandates. Bills that have been introduced include those that would (1) ban public facilities, government agencies and private companies from requiring employees be vaccinated; (2) ban businesses from denying goods and services to those who are unvaccinated; (3) ban schools from requiring masks or contact tracing; (4) provide exemptions to mandates for personal conscience, religious beliefs, medical reasons or recovery from COVID-19; (5) allow workers who suffer vaccine side effects to file workers’ compensation claims or sue employers; (6) subject local public health officers to mayors; and (7) make school board races partisan. Read more about the proposals in the Tennessean.

The Tennessee Public Defenders Conference recently held its annual training conference, during which it presented the inaugural “Mike Carter Award” to Supreme Court Justice Jeffrey Bivins, Chattanoogan.com reports. The award, previously known as the “Friend of the Public Defender Award” was recently renamed for former state Rep. Mike Carter, whose widow was on hand to present the award to Bivins for courageous leadership as chief justice during the COVID-19 pandemic. Carter previously served as a Hamilton County General Sessions Court judge from 1997 to 2005, and as a legislator, championed legislation to create the Public Defenders Conference. He represented the Chattanooga area in the state House for nine years. He died from pancreatic cancer in May. Read more in a press release from the conference.

A federal judge has ruled in favor of Williamson County parents opposed to the governor’s executive order requiring school districts to offer parents an opt-out of mask mandates, the Tennessean reports. The families had sued under the Americans with Disabilities Act arguing that the opt-out endangered the health and safety of their children (a seventh-grader with Down syndrome and a second grader with diabetes). U.S. District Court Judge Waverly Crenshaw first blocked the governor's order on Sept. 24 and extended it on Oct. 6. The governor’s order is in effect through Nov. 5.

Labor and Workforce Development Commissioner Jeff McCord yesterday wrote lawmakers to inform them that the state cannot drop federal COVID-19 regulations, despite stern instructions to do so, the Associated Press reports. Republicans on the Government Operations panel earlier this week voted in favor of having the state’s labor agency reject the federal safety protocols, even if it meant risking penalties. In his letter, McCord argued that there is no state statute or process allowing the withdrawal of a rule once it becomes effective. McCord added that the federal government could revoke Tennessee’s authority to oversee its own workplace safety enforcement if the state refuses to comply with the rule. The rule, adopted by Tennessee in late August, outlines protocol for personal protective equipment, social distancing and other safety measures for workers at medical facilities that care for people with COVID-19. It also requires paid sick time for employees who contract COVID-19, need to get vaccinated or are dealing with vaccine side effects.       

State lawmakers today gave final approval to a nearly $900 million spending package promised to Ford Motor Co. for a new assembly plant in West Tennessee, the Tennessean reports. Legislators debated the deal during a three-day special session before it passed with overwhelming support. Total cost of the package will exceed $884 million, including a $500 million grant to Ford, $138.2 million for infrastructure work, structure demolition and more, $5 million for legal services and $40 million to build a Tennessee College of Applied Technology near the megasite to provide skilled workers for the electric vehicle plant. WPLN reports that lawmakers in the state House and Senate also received the required support needed to call a second special session set for next week. Members are expected to discuss masks, vaccines and other restrictions related to the coronavirus.

Judges from across the state gathered in Nashville earlier this month for their Fall 2021 General Sessions Judges Conference. Conference President and Judge Lynda Jones and Administrative Office of the Courts Director Deborah Taylor Tate kicked off the conference with opening remarks. Tate cited statistics showing that judges held 22,477 Zoom sessions with 189,523 participants and participated in 15,000 hours of virtual training despite the challenges of the COVID-19 pandemic. Judge Jones recognized judges retiring this year and those who have been appointed to fill their seats. 

Republican leaders in the House and Senate are still working to obtain the support needed to call a special session on COVID-19 issues, Tennessee Lookout reports. In the Senate, members appear to be split on whether to call for a special session, with some arguing that the Biden administration’s mandates need a response and others concerned that a special session would be used to impose new mandates on private businesses. Lawmakers are set to return to Nashville Oct. 18 for a session focusing on the Ford-SK Innovation plant planned for the Memphis Regional Megasite.

A federal judge will allow Knox County Schools to exempt students and staff from wearing masks on a case-by-case basis if they have a documented medical condition, Knoxnews reports. However, the judge gave a stern warning to the Knox County Board of Education that the exemption policy should not be abused. In an order filed today, U.S. District Judge Ronnie Greer allowed the Knox County Board of Education to reinstate the mask policy it set for itself last year but added a new requirement: the board must submit a list each month to the court that includes the exempt individuals' full names and "specific reasons for their exemptions." WBIR has excerpts from the opinion.

Tennessee Attorney General Herbert Slatery recently issued an opinion on whether county mayors have the authority to issue county-wide mandates, and he says they do not in most circumstances, WCYB reports. The opinion came at the request of State Rep. Robin Smith, R-Hixson, who said she wanted guidance on whether health-related county orders such as mask or vaccine mandates could come from county mayors. Slatery said only the leading county health officer has the authority to issue county-wide health mandates and even then, the officer could be limited if the mandate runs counter to state law.

The U.S. 6th Circuit Court of Appeals last week sided with 16 Western Michigan University students who sued the school to play sports without getting a COVID-19 vaccine due to religious reasons. In an unanimous opinion, a three-judge panel of the court said that the university “having announced a system under which student-athletes can seek individualized exemptions, ... must explain why it chose not to grant any to plaintiffs. And it did not fairly do so here." The decision upheld a lower court ruling which also had backed the students. Detroit's Fox 2 reports.