executive order

Lee signs order allowing county mayors to mandate mask wearing

Gov. Bill Lee, left, announces a $200 million relief program for businesses affected by the state’s stay-at-home order for non-essential businesses at Arnold’s restaurant in Nashville on June 2, 2020. To his right are House Speaker Cameron Sexton, Senate Speaker Randy McNally, Rep. Pat Marsh, and Rep. Harold Love. (Erik Schelzig, Tennessee Journal)

Gov. Bill Lee has signed an executive order giving power to the mayors of 89 of 95 Tennessee counties to mandate wearing masks in public to help stem the spread of the coronavirus pandemic. In the remaining six counties, Shelby, Davidson, Knox, Hamilton, Sullivan, and Madison), the decision will be left up to the local health department.

“While our densely populated urban areas continue to have the highest COVID-19 case rates, our local governments expressed a need for greater flexibility in addressing a rise in cases and that includes setting stronger expectations around masks,” said Lee said in a statement. “This targeted approach ensures we protect both lives and livelihoods and safely keep our economy open in Tennessee. We encourage every Tennessean across the state to use a face covering or mask, make sure to socially distance and wash hands frequently.”

Here’s the full text of the order:

AN ORDER PROVIDING LOCAL GOVERNMENTS WITH AUTHORITY CONCERNING FACE COVERINGS

WHEREAS, Coronavirus Disease 2019 (COVID-19) remains a threat to our citizens, our healthcare systems, and our economy, and each Tennessean should continue to protect themselves and others by following applicable health guidance from the Centers for Disease Control and Prevention (CDC) and other leading medical experts to slow the spread of this virus, including practicing social distancing, effective personal hygiene practices, and “wear[ing] cloth face coverings in public settings and when around people who don’t live in your household, especially when other social distancing measures are difficult to maintain”; and

WHEREAS, importantly, wearing a cloth face covering is a simple step that each Tennessean can take to slow the spread of the virus, which prevents having to take more drastic and disruptive measures for our economy and job market, like requiring the closure of businesses; and

WHEREAS, whether to require or recommend wearing a face covering may depend on the spread of COVID-19 or lack thereof in a particular community, which varies widely across the State, and local governments are therefore better positioned to make this decision based on the conditions in their communities; and

WHEREAS, in addition to the other powers granted by law, Tennessee Code Annotated, Section 58-2-107, provides, among other things, that during a state of emergency, the Governor is authorized to suspend laws and rules regarding the conduct of state business if necessary to cope with an emergency, utilize all available state and local resources needed to combat an emergency, and take measures concerning the conduct of civilians and the calling of public meetings and gatherings, among other things, as well as delegate such powers as the governor may deem prudent; and

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