Post AB86dIUmGY2gr5IxEG by FedUppp@social.quodverum.com
(DIR) More posts by FedUppp@social.quodverum.com
(DIR) Post #AB7SLDJan8W1PRtZQG by darulharb@social.quodverum.com
2021-09-07T13:16:25Z
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A temporary restraining order was issued late Friday by a federal judge blocking TN Gov. Bill Lee's executive order restricting the ability of local school boards and health departments to impose mask mandates in public schools. The court's order only applies to Shelby County, which has sued in opposition to the governor. Judge Lipman was appointed by President Obama in 2014.https://www.actionnews5.com/2021/09/03/federal-judge-blocks-tennessee-governors-mask-opt-out-order-schools/
(DIR) Post #AB7StUZL9EkYlebeUa by darulharb@social.quodverum.com
2021-09-07T13:22:37Z
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The order, which expires September 17, unless extended (which it probably will be), has little practical effect on Young Harb's school, because Shelby County Schools had already been ignoring Gov. Lee's executive order, however it does re-impose mask mandates on students in suburban municipal school districts in the county which had given parents the ability to let their children opt out. I don't see ultimately how the county would prevail, given that the county is subject to state government.
(DIR) Post #AB7V8iEYpB6zOtGwWe by darulharb@social.quodverum.com
2021-09-07T13:47:46Z
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Looking at the judge's order, it rests in part on a bizarre interpretation of the Americans With Disabilities Act that masking up all the other students in the school is a "reasonable accommodation" of a plaintiff whose disability is that they're immunocompromised. Ironically, the immunocompromised minor plaintiff identified by the court as "G.S." is vaccinated, but "cannot wear a mask due to his disability" (p.6). So it's a "reasonable acommodation" to make everyone else wear a mask?
(DIR) Post #AB7VkRzvdbnK38QIam by darulharb@social.quodverum.com
2021-09-07T13:54:35Z
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"G.S.," according to the court, is being deprived of social interaction with his "neurotypical peers" by the Governor's order (p.9), due to the risk of his contracting COVID-19 from unmasked classmates. However, if exposure to "neurotypical peers" is of benefit to him, isn't that interaction substantially diminished by having their faces all masked up? ( I'm presuming he's autistic, since the court says he can't wear a mask due to his disability.)
(DIR) Post #AB7WOHZlo0V7JHBHk0 by darulharb@social.quodverum.com
2021-09-07T14:01:47Z
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This plaintiff's own facts seem to undermine his case somewhat, it seems to me. Can't wear a mask himself, but demanding that everyone else does is a "reasonable accommodation"? Benefits from interacting with "neurotypical peers," but isn't harmed by not being able to see their faces? Is vaccinated himself (despite being immunocompromised), and would rely on everyone else being masked to protect him?
(DIR) Post #AB7Wc86jnygFzzCjFQ by Erin@social.quodverum.com
2021-09-07T14:04:18Z
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@darulharb Why do we even have elected officials? Seems the judges have more power than they do.
(DIR) Post #AB7WzgL4hTegpF8nIG by lolajl@social.quodverum.com
2021-09-07T14:08:33Z
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@darulharb It wouldn't be a reasonable accommodation for ME. Requiring everyone to be masked up impedes my ability to communicate with others, since I rely on ... LIP READING when interacting with hearing people.
(DIR) Post #AB7XDP0Fx1eT76wgUa by darulharb@social.quodverum.com
2021-09-07T14:11:02Z
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@Erin Fortunately, this judge exercised her discretion in limiting the order to the plaintiffs, rather than making it apply statewide, as I suppose she could have done, given that plaintiffs suing the federal government seem to be able to obtain nationwide injunctive relief which applies to non-parties. 🙄
(DIR) Post #AB7XIqAWNT6OoXL8mO by darulharb@social.quodverum.com
2021-09-07T14:12:00Z
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@lolajl Well, there you go. When disabilities collide...
(DIR) Post #AB7XbkWLbIwWncZ7Vw by darulharb@social.quodverum.com
2021-09-07T14:15:26Z
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@Teneseo @lolajl My hearing's fine, but I recently had to stick my head down below the plexiglass barrier to understand what a masked clerk in a store was saying to me, given the noise in the store, and the attenuation of two layers of "protection." It's annoying even for people without hearing impairments...
(DIR) Post #AB7YgmX5eCxYRQsOfY by darulharb@social.quodverum.com
2021-09-07T14:27:33Z
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The other minor plaintiff, identified by the court as "S.T.," had tested positive for COVID-19 prior to filing the suit, and is "quarantined at home" according to the court (p. 16). She has a chromosomal abnormality which causes ataxia when she has a fever. The complaint alleges that she caught COVID from an "unmasked classmate" at school (which is an assertion which has substantial proof problems, I'd say). Also, it seems the relief sought, would in her case at least, be futile.
(DIR) Post #AB7YpxgJZ9QbcoZIXo by darulharb@social.quodverum.com
2021-09-07T14:29:12Z
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You're not going to prevent her from catching COVID from an unmasked classmate if she's already caught it even before filing suit. 🤨
(DIR) Post #AB7ZfIDIzIVS4aTZjs by darulharb@social.quodverum.com
2021-09-07T14:38:29Z
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So this plaintiff, I'd say, fails to state a claim for which relief can be granted. It's not revealed in the complaint whether "S.T." has been vaccinated or not, but once she recovers from her bout of COVID, she'll be at least as well protected against reinfection as someone who's been immunized. What additional protection masking all the other students in the school would offer this plaintiff against infection from future COVID variants is pretty damn speculative as a basis for relief.
(DIR) Post #AB7aRqGZgRbvaN9gjA by darulharb@social.quodverum.com
2021-09-07T14:47:16Z
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And these are the plaintiffs for which the judge sees a likelihood of success on the merits sufficient to justify a temporary restraining order? And looking at the case caption, "S.T.' is trying to be a representative plaintiff in a class action, when it's not even clear she can be a plaintiff individually. Good luck with that... and I hope their attorney has taken it on contingency.
(DIR) Post #AB7o01H2YyXmyV05zs by umad80@social.quodverum.com
2021-09-07T17:19:06Z
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@darulharb I'm so sick of these activist judges.
(DIR) Post #AB86dIUmGY2gr5IxEG by FedUppp@social.quodverum.com
2021-09-07T20:47:53Z
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@darulharb Sorry but that students rights end , where another students rights begin. If your immuno impaired , then you need to do what you need to do to protect yourself. It is not everyone else who have to accommodate you and your "condition" . In a class of 25 students ,24 others should have to wear a mask ?