Last week, a federal judge enforced a universal mask mandate for public schools in Knox County, Tennessee. The judge used the 1990 Americans with Disabilities Act as his legal basis for action.
Local CBS affiliate WVLT reported on Friday, “The parents of three Knox County School students filed a federal lawsuit in September to sue Governor Bill Lee and Knox County over the current lack of a mask mandate. All three children have medical conditions that make them more susceptible to catching COVID-19. Their parents had previously decided to enroll them in virtual learning due to the fact that children in their classes are not required to wear masks. Two of the three children are too young to get the vaccine.”
“The families sued on two counts; discrimination under the Americans with Disabilities Act and discrimination under section 504,” WVLT noted.
On Friday, U.S. District Court Judge Ronnie Greer agreed with the parents, ruling in their favor.
Knox County has 91 schools that host about 60,000 students. Prior to this ruling, a county wide mask mandate remained in effect for schools, but parents were allowed to have their children opt out. This new ruling ends opt-outs. Nearly all students must now wear masks, with minuscule health exceptions, to accommodate the three children whose parents sued.
The ADA has long been understood to mean that facilities should accommodate those with disabilities. This has meant providing services such as wheelchair ramps, remodeled bathrooms, captioning, and other physical modifications or service offerings.
But does the ADA now also regulate widespread public behavior?
Knox County Mayor Glenn Jacobs had the same question (disclosure: Jacobs is a personal friend). Referencing the judge’s ruling, Jacobs tweeted on Wednesday. “My long-term concern is this order appears to expand ADA so that it not only includes facilities and services, but also forcibly regulates 3rd party behavior.”
“And it’s not just schools,” Jacobs wrote. “In his order, the judge states identical grievances could be filed against other public buildings such as libraries and post offices.”
This ruling isn’t receiving much attention beyond Knox County, Tennessee, at the moment. But could it be a legal precedent in which the ADA is used to mandate masks and other behavior in public places nationwide?
Judge Greer admitted in his ruling that the ADA was being applied in an “unprecedented context.”
“This case requires the Court to consider the ADA’s mandate of social integration in an unprecedented context by addressing how a board of education must reasonably accommodate medically compromised students when COVID-19 is now part of daily life inside their schools’ walls,” Greer wrote.
How long could it take for this “unprecedented” ruling to become common legal precedent?
A myriad of mandates, dictates, and varied decrees from both local and national and governments have tested the boundaries of personal liberty and autonomy throughout the COVID era.
Is expanding the scope of the Americans with Disabilities Act the government’s next frontier?
Jack Hunter (@jackhunter74 ) is a contributor to the Washington Examiner’s Beltway Confidential blog. He is the former political editor of Rare.us and co-authored the 2011 book The Tea Party Goes to Washington with Sen. Rand Paul.
