A lawsuit was filed yesterday against the Cumberland County School System and Director of Schools Dr. Ina Maxwell regarding a mask mandate.

In a special called meeting back on April 28, 2021, the Board of Education took no action to remove a mask mandate for staff and students during the COVID-19 pandemic.

“This board has a duty to protect the students and staff,” said school board attorney Earl Patton. “If this board does away with the mask mandate, then the board is not doing all it can to protect the students and staff.”

Board member Rebecca Hamby said if a lawsuit is launched by a family of a student or staff member who catches COVID-19, the burden of proof would be on them to show they obtained it at a school facility.

“Every lawsuit I have seen regarding mask mandates has been thrown out of court,” said Patton.

“To even consider taking on a risk with a short period of time is not rational,” said board member Tony Brock. “This decision needs to be made prior to the start of the next school year.”

“I do not see the urgency of doing this right now. This sounds like an issue of personal pride,” said board member Robbie Safdie.

“This board can decide at any time to do away with the mask mandate. My advice to you is take this month by month. We do not know what’s coming in regard to this virus,” said Patton.

Board chairman Jim Inman said he received several calls regarding the issue of the masks. He spoke with three different nurses with students in the school system that told him masks were the worst thing the school board implemented. At the same time, Inman said the health officials told him the masks needs to remain in place.

The lawsuit filed by attorney Matthew J. McClanahan on behalf of Jon and Sarah Matthews, Kenneth and Kimberly Sharpe, and John and Miranda Higgins. After the school board decided to keep the mandate in place April 28, their students were suspended from school for not wearing facial coverings as required.

The parents seek a declaration by a court the mask mandate is beyond the authority granted to school boards by the Tennessee General Assembly and are otherwise in violation of state law. The parents seek to have their minor children restored to the same status, standing and educational achievements that existed prior to their suspension.

A date for the court to hear the lawsuit will be set soon.

The lawsuit filed yesterday comes with 8 days left to the end of the 2020-2021 school season. As of yesterday (May 20, 2021), Cumberland County had 57 cases (up 7 from day before) of COVID-19 remaining. The number has been mainly dropping. The school board said in the special called meeting last month the mandate would be re-evaluated during the summer break and could possibly be done away with by the time school starts back in August 2021.

To see the entire lawsuit, click on the following link:

School lawsuit mask mandate