TBA Law Blog


Posted by: Kate Prince on Aug 17, 2021

Nashville District Attorney Glenn Funk said today that he will not prosecute teachers who violate Gov. Bill Lee’s executive order requiring school districts to allow students to opt out of wearing a mask, the Tennessean reports, and school officials in Memphis and Nashville say masks will still be required in their schools. That's promoted Lt. Gov. Randy McNally, R-Oak Ridge, to warn that if the school districts don't quickly comply, the legislature will intervene. "The Governor and the General Assembly cannot and will not allow lawful orders to be defied," McNally said. "If these systems persist in resisting the order, we will have no choice but to exercise other remedial options." A Metro Nashville Board of Education member had emailed Funk after Lee issued Executive Order 84 yesterday, asking the DA if he planned on “initiating any criminal or other proceedings against teachers, staff, or board members" for defying the order. Funk responded by saying he "will not prosecute school officials or teachers for keeping children safe."