KNOXVILLE, Tenn. — Plaintiffs and defendants in the Knox County Schools mask requirement case could be reaching an agreement, according to the Knox County Law Director's Office.
At a school board meeting Monday night Gary Dupler, the Knox County Deputy Law Director, said the plaintiffs who asked a federal judge to implement universal masking requirements last year in Knox County Schools, per recommendations from the CDC, indicated they would be open to suspending the mandate while the case goes through mediation.
The CDC recently downgraded Knox County and several other East Tennessee counties to a "medium" community-level threat level. With that downgrade, they said many people could stop wearing masks and people at high risk for severe illness from COVID-19 should speak with their doctors about prevention methods.
Dupler told the school board that both plaintiffs and defendants agreed on suspending the mask mandate, but did not agree on why it should be suspended.
Dupler said the law director's office doesn't think kids in Knox County Schools should be required to wear masks at all. He said the plaintiffs think the mask mandate should be based on CDC guidelines.
On Tuesday, Justin Gilbert, the lawyer who originally sued Knox County Schools to require people to wear masks, said he's working with the Knox County School Board on language about "lifting the mask mandate during the negotiation period." Gilbert said that is in progress.
On Monday, Judge Ronnie Greer ordered both sides to go through federal mediation within 60 days on the issue. Several board members at Monday night's meeting asked whether Judge Greer's mask order would still be in effect while the parties went through mediation.
The Knox County Law Director's office asked on Monday whether the mask mandate would still apply.
On Tuesday, Judge Greer said the mask mandate and the reporting requirement would remain in full effect while both parties talk about the case. Even if both the plaintiffs and Knox County's lawyers come to an agreement, Judge Greer will still have the final say to ensure their agreement is a fair resolution under federal law.
On Monday night, the Knox County School Board voted 8-0 to allow the Law Director's office to come to an agreement with the plaintiff's lawyers to suspend the mask mandate.
The Sixth Circuit Court of Appeals scheduled an oral argument on an appeal by Knox County Board of Education on the original preliminary injunction that required everyone in Knox County Schools to wear masks. The oral arguments are scheduled for May 4, 2022, in Cincinnati.