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    Plaintiff's Response in Opposition To KCS Motion To Stay

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    This document is a response filed by the plaintiffs in opposition to the Knox County Board of Education's motion to stay the court's preliminary injunction ordering universal masking in schools. The plaintiffs argue that Knox County's motion should be denied for the same reasons the court granted the preliminary injunction. They note that Knox County testified it can implement a universal mask policy and the court determined plaintiffs are likely to succeed on the merits and public health is threatened without masks. Additionally, the Department of Justice has supported such rulings in similar cases. Therefore, Knox County's objections should not receive consideration and their motion to stay or reverse the injunction endangers student health and safety during the pandemic.

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    Plaintiff's Response in Opposition To KCS Motion To Stay

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    WVLT News
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    This document is a response filed by the plaintiffs in opposition to the Knox County Board of Education's motion to stay the court's preliminary injunction ordering universal masking in schools. The plaintiffs argue that Knox County's motion should be denied for the same reasons the court granted the preliminary injunction. They note that Knox County testified it can implement a universal mask policy and the court determined plaintiffs are likely to succeed on the merits and public health is threatened without masks. Additionally, the Department of Justice has supported such rulings in similar cases. Therefore, Knox County's objections should not receive consideration and their motion to stay or reverse the injunction endangers student health and safety during the pandemic.

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    Plaintiff's Response in Opposition to KCS Motion to Stay

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    Plaintiff's Response in Opposition to KCS Motion to Stay

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    This document is a response filed by the plaintiffs in opposition to the Knox County Board of Education's motion to stay the court's preliminary injunction ordering universal masking in schools. The plaintiffs argue that Knox County's motion should be denied for the same reasons the court granted the preliminary injunction. They note that Knox County testified it can implement a universal mask policy and the court determined plaintiffs are likely to succeed on the merits and public health is threatened without masks. Additionally, the Department of Justice has supported such rulings in similar cases. Therefore, Knox County's objections should not receive consideration and their motion to stay or reverse the injunction endangers student health and safety during the pandemic.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    5K views3 pages

    Plaintiff's Response in Opposition To KCS Motion To Stay

    Uploaded by

    WVLT News
    This document is a response filed by the plaintiffs in opposition to the Knox County Board of Education's motion to stay the court's preliminary injunction ordering universal masking in schools. The plaintiffs argue that Knox County's motion should be denied for the same reasons the court granted the preliminary injunction. They note that Knox County testified it can implement a universal mask policy and the court determined plaintiffs are likely to succeed on the merits and public health is threatened without masks. Additionally, the Department of Justice has supported such rulings in similar cases. Therefore, Knox County's objections should not receive consideration and their motion to stay or reverse the injunction endangers student health and safety during the pandemic.

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    of 3

    IN THE UNITED STATES DISTRICT COURT

    FOR THE EASTERN DISTRICT OF TENNESSEE


    AT KNOXVILLE
    ________________________________________________________________

    IN THE MATTER OF S.B., A MINOR STUDENT, )


    BY AND THROUGH HIS PARENTS, )
    M.B. AND L.H.; )
    )
    M.S., A MINOR STUDENT, )
    BY AND THROUGH HER PARENT, K.P.; )
    )
    T.W., A MINOR STUDENT, )
    BY AND THROUGH HIS PARENTS, M.W. )
    J.W., AND )
    )
    M.K. A MINOR STUDENT, )
    BY AND THROUGH HER PARENT, S.K. )
    )
    )
    PLAINTIFFS. )
    )
    VS. )
    ) No. 3:21−cv−00317−JRG−DCP
    GOVERNOR BILL LEE, in his official )
    capacity as GOVERNOR OF TENNESSEE, and )
    KNOX COUNTY BOARD OF EDUCATION, )
    )
    DEFENDANTS. )

    PLAINTIFFS’ RESPONSE IN OPPOSITION TO DEFENDANT KNOX


    COUNTY BOARD OF EDUCATION’S MOTION TO STAY

    COME THE PLAINTIFFS, S.B., a minor student, and M.B. and L.H., the student’s

    parents/guardians, for their minor son; M.S., a minor student, and K.P., the student’s

    parent/guardian, for her minor daughter; T.W., a minor student, and M.W. and J.W., the

    Case 3:21-cv-00317-JRG-DCP Document 45 Filed 10/04/21 Page 1 of 3 PageID #: 975


    student’s parent/guardian, for their minor son; and M.K. a minor student, and S.K, the student’s

    parent/guardian, for her minor daughter, and respond to Defendant Knox County’s Motion to

    Stay as follows:

    I. KNOX COUNTY’S MOTION SHOULD BE DENIED FOR THE SAME


    REASONS REFLECTED IN THE COURT’S ORDER
    GRANTING PRELIMINARY INJUNCTION

    Knox County’s motion is ill-considered.

    The Court already heard the evidence in a full day’s hearing during which Knox County

    testified that it can in fact, and did in fact, implement a universal masking policy the previous school

    year. The Court already determined that Plaintiffs, not Knox County, are likely to succeed on the

    merits, the status quo is health-threatening, and the public interest favors the reasonable

    accommodation of universal masking.

    Medically, Plaintiffs have agreed that exemptions should be made for children (and adults)

    with disabilities that make them unable to wear masks, though it is the rare situation. Legally, since

    the Court’s Order, the United States Department of Justice has not only echoed this Court’s ruling

    but cited it in its Statement of Interest in similar litigation in Texas. (See DOJ Statement of Interest,

    attached hereto as Exhibit A).

    Knox County’s remaining objections, it seems, involve identity politics or the occasional

    rabble-rouser having no medical or legal voice; they should not receive a platform. As Knox

    County’s own motion illustrates, any mayhem they cause must be dealt with through truancy

    measures and discipline available to Knox County, not an extraordinary motion to this Court asking

    for a reversal that would endanger the health and safety of students with disabilities during a

    pandemic.

    Case 3:21-cv-00317-JRG-DCP Document 45 Filed 10/04/21 Page 2 of 3 PageID #: 976


    For these reasons, Knox County’s motion should be denied.

    Respectfully submitted,

    GILBERT LAW, PLC

    /s Justin S. Gilbert___________________
    Justin S. Gilbert (TN Bar No. 017079)
    100 W. Martin Luther King Blvd, Suite 501
    Chattanooga, TN 37402
    Telephone: 423.756.8203
    Facsimile: 423.756.2233
    [email protected]
    &

    THE SALONUS FIRM, PLC


    /s Jessica F. Salonus_________________
    JESSICA F. SALONUS (28158)
    139 Stonebridge Boulevard
    Jackson, Tennessee 38305
    Telephone: (731) 300-0970
    Facsimile: 731.256.5711
    [email protected]

    ATTORNEYS FOR PLAINTIFFS

    CERTIFICATE OF SERVICE

    I certify that this Response was served upon counsel of record for the Defendants, David

    Sanders and Amanda Morse for KCBOE and Reed Smith and Colleen Mallea for Governor Lee,

    through the Court’s ECF filing system on October 4, 2021.

    /s Jessica F. Salonus

    Case 3:21-cv-00317-JRG-DCP Document 45 Filed 10/04/21 Page 3 of 3 PageID #: 977

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