IN THE CHANCERY COURT FOR WILLIAMSON COUNTY, TENNESSEE AT FRANKLIN HAM LEK3 CITIZENS FOR LIMITED GOVT. & CONSTITUTIONAL INTEGRITY, INC d/b/a RECALL WILLIAMSON, GARY P. HUMBLE, as the parent & guardian of E.H. & G.H., minor children, TONY & HEATHER as the parents and guardians of C.B & R.B., minor children, and CHELSEA GILBERT, as parent and guardian of J.G., P.G, M.G., & B.G., minor children, Plaintiffs, 7 No. ACV 44753 B JASON GOLDEN, in his capacity as SUPERINTENDENT FOR WILLIAMSON COUNTY SCHOOLS & WILLIAMSON COUNTY, TENNESSEE SCHOOLS, Defendants. COMPLAINT FOR DECLARATORY & INJUNCTIVE RELIEF COME NOW the Plaintiffs, Citizens for Limited Government and Constitutional Integrity, Ine. d/b/a Recall Williamson; Gary Humble, as parent and legal guardian of E.H. and G.H. (minor children); Tony & Heather Bates, as parents and legal guardians of C.B. and R.B. (minor children); and Chelsea Gilbert, as parent and legal guardian of J.G., P.G., M.G., and B.G. (minor children), by and through undersigned counsel, and for their Complaint for Declaratory and Injunctive Relie against Defendants, Jason Golden, in his capacity as Superintendent of Williamson County Schools and Williamson County, Tennessee Schools state as follows:PARTIES 1. Plaintiff, Citizens for Limited Government and Constitutional Integrity, Ine. d/b/a Recall Williamson, is a nonprofit corporation organized and existing under the laws of the State of Tennessee. Plaintiff Gary Humble is the founder and president of Recall Williamson, which was created to inform Tennessee citizens of their constitutional rights and to defend against government overreach. 2. Plaintiff Gary Humble is a citizen and resident of Williamson County, Tennessee and is the legal custodian of the minor children E.H. and G.H., who are also residents of Williamson County, Tennessee. 3. Plaintiffs Tony and Heather Bates are citizens and residents of Williamson County, Tennessee and are the legal custodians of the minor children C.B. and R.B., who are also residents of Williamson County, Tennessee. 4, Plaintiff Chelsea Gilbert is a citizen and resident of Williamson County, Tennessee and is a legal custodian of the minor children, J.G., P.G., M.G., and B.G., who are all residents of Williamson County, Tennessee. 5. Defendant, Jason Golden, is named in his official capacity as Superintendent of Williamson County Schools and may be served with process at his office located at 1320 W. Main Street, Franklin, TN 37064. 6. Williamson County Schools (hereinafter “WCS") is a local body politic comprised of elected board members created to perform certain, specified governmental functions related to the education of children within the school district and has only such powers and auth as expressly conferred on it by the Tennessee State Legislature * The minor children named herein are referred to collectively as the “students.”at T.C.A. §49-2-203. WCS may be served in care of Jason Golden at the address above. JURISDICTION & VENUE 7. Jurisdiction and venue are appropriate before this Court pursuant to T.C.A. §16-10- 101 and §20-4-101 in that all parties reside within this judicial district and the acts complained of herein arose within this district. 8. Notice will be provided to Tennessee Attorney General & Reporter, William Slatery, IIL, via U.S. mail to P.O. Box 20207, Nashville, Tennessee 37202 as required by Rule 24.04 of the Tennessee Rules of Civil Procedure to the extent that the Plaintiffs challenge the constitutionality of the powers allegedly transferred to the Governor of Tennessee by the Tennessee General Assembly pursuant to T.C.A. §58-2-107. FACTS COMMON TO ALL COUNTS 9. E.H. and G.H. are 2"! and 3" grade students, respectively, formerly enrolled Oak View Elementary School student; a WCS public school. 10. Gary Humble brings this cause of action on his own behalf, and on behalf of his. minor children, E.H. and G.H. 11. Gary Humble withdrew E.H. and G.H. from enrollment at Oak View Elementary School based solely upon the mandate issued by WCS requiring students to wear masks on campus. 12, C.B. and R.B. are students previously enrolled at Nolensville Elementary School; a WCS public school. 13, Heather and Tony Bates bring this cause of action on their own behalf, and on behalf of their minor children, C.B. and RB.14. Heather and Tony Bates withdrew C.B. and R.B. from enrollment at Nolensville Elementary Schoo! based solely upon the mandate issued by WCS requiring students to wear masks on campus. 15. J.G. is a 6" grade student enrolled at Woodland Middle School; a WCS public school. 16. P.G.,M.G.,, and B.G., are 5! grade, 3" grade and kindergarten students enrolled at Clovereroft Elementary; a WCS public school, 17, Chelsea Gilbert brings this cause of action in her own behalf, and on behalf of her minor children, J.G., P.G., M.G., and B.G. 18, Jason Golden is the duly appointed Superintendent of Williamson County, Tennessee schools. 19, Pursuant to the WCS Reopening Framework (hereinafter “the mandate”), as revised July 17, 2020, all WCS students are required to wear a “cloth face covering, or disposable face mask, at all times while on campus unless directed by WCS staff to remove them, or there is an allowable exemption.” A copy of the WCS mandate is attached hereto as Exhibit A. 20. The mandate is an attempt by WCS to issue certain health regulations as a student eligibility requirement necessary to enter into its schools. 21. Should students refuse to wear a cloth face covering or disposable face mask, they are denied entry or the opportunity to remain within their respective WCS school for the purpose of attending in-person classes. 22. Thus, the only available public-school alternative for any student who fails or refuses to abide by the mandate is to enroll in the distance learning option promulgated by wes.STATUTORY AUTHORITY OF LOCAL SCHOOL BOARDS 23. Absent a specific grant of authority to local school boards, “the system of public education in [Tennessee] shall be governed in accordance with laws enacted by the general assembly and under policies, standards, and guidelines adopted by the state board of education that are necessary for the proper operation of public education in kindergarten through grade twelve (K-12). The policies, standards and guidelines, shall be formulated by the state board of education, with such assistance from the commissioner of education as the state board may request.” See T.C.A. §49-1-102; see also Tennessee Constitution, Art. XI, §12. 24, Neither, the Tennessee General Assembly, nor the State Board of Education have promulgated any mandate that students within the state wear a face mask as a condition precedent to entry into a public school. 25, Moreover, the Tennessee State Legislature, in its limited grant of authority, has not authorized local boards of education to promulgate compulsory health mandates before allowing a student to attend public school within a school building. See T.C.A. §49-2-203, 26. In fact, the only authority granted to local boards of education with respect to health care regulations of their students and employees is limited to such board’s ability to demand a physical examination by a competent physician where there is reason to believe a student/employee has tuberculosis or other, communicable disease and exclude them from school until such time as it is certified that their disease is cured, See §49-2-203(b)(2).27. Atno time relevant to these proceedings did any of the students named herein have or otherwise exhibit symptoms of tuberculosis or any other communicable disease. RIGHT TO FREE PUBLIC EDUCATION & SUBSTANTIALLY EQUAL OPPORTUNITIES 28. It is well recognized that the Tennessee Constitution guarantees to school children the right toa free and public education. See Tenn. Small School Systems v. MeWherter, 851 SW.2" 139, 151 (Tenn, 1993); see also Tennessee Constitution, Article XI, §12. 29, Further, the Tennessee Constitution imposes upon the General Assembly the obligation to maintain and support a system of free public schools that affords substantially equal education opportunities to all students. Tenn, Small Schools, 851 S.W.2d at 140-141. 30. However, a significant number of school systems within the State, do not presently have a mask mandate in effect for their students, employees and staff. 31. The distance learning option WCS provides students is not substantially equal to the educational opportunities each would receive when attending in-person instruction at their respective WCS schools, or in other school districts without a mandate. 32. Thus, in denying students the opportunity to attend in-person classes based solely upon their failure to abide by WCS" unlawful mandate, WCS denies its students substantially equal educational opportunities available to other students within the state. UN ITIONAL TRANSFER OF AU’ TO THE EXECUTIVE 33. William B. Lee, in his official capacity as Governor of the State of Tennessee, has issued a number of Executive Orders in response to the COVID-19 virus pursuant tothe emergency powers afforded him by the General Assembly codified at T.C.A, §58- 2-107. 34, Specifically, on August 3, 2020 and pursuant to the authority purportedly granted to him by T.C.A. §58-2-107, the Governor issued Executive Order No. 55 which provides in relevant part: (9) Face coverings in schools and higher education inst agencies, schools. and institutions of higher education are strongly encouraged to implement a policy requiring the use of face coverings by students and staff, with appropriate exemptions, and consistent with any policies issued by the Tennessee Department of Education. No policy, local order, or official may prohibit a student, teacher, school employee or contractor, or visitor from voluntarily wearing a face covering except to the extent that such face covering presents a safety or security risk. A copy of Executive Order No, 55 is attached hereto as Exhibit B. 35. WCS presumably acted pursuant to the apparent authority granted to local boards by the Governor through Executive Order No. 55 when it adopted the mandate complained of herein, 36. However, T.C.A. §58-2-107 is directly contrary to Article II, §1 of the Tennessee Constitution which provides: “the powers of the Government shall be divided into three distinct departments: the Legislative, Executive, and Judicial.” 37. Further, Article II, §2, goes on to state that: “no person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted.” 38. Itis the General Assembly, not the Governor, which the state Constitution affords the lone authority to create laws under Article III, §3. As such, the General Assembly cannot delegate its power to the Executive or Judicial Departments pursuant to the requirements of the Constitution.39. Therefore, the Governor's attempt to delegate authority to issue mandates to local government entities, including county mayors, local boards of health, and school boards, is unconstitutional, COUNT I DECLARATORY JUDGMENT 40. Plaintiffs hereby restate and reallege the facts and allegations contained in paragraphs 1 through 39 inclusive, as if fully restated herein. 41. Plaintiffs seek a declaration that the WCS mandate is beyond the authority granted to local schoo! boards by the General Assembly and is otherwise in violation of Tennessee law. 42. Plaintiffs seek a declaration that the WCS mandate denies students substantially equal access to educational opportunities as are afforded to other public-school students within the state in violation of the Tennessee Constitution. 43. Plaintiffs seek a declaration that, to the extent T.C.A. §58-2-107 purports to give the Governor the authority to make laws concerning the administration of Tennessee public schools or otherwise transfer that authority to local school boards, the statute is unconstitutional, 44. A just le controversy exists between Plaintiffs and Defendants concerning the mandate being forced upon students as a condition precedent to attendance at public school, in-person, within this state. 48. This Court is vested with the power to declare the rights of the parties and to provide such other and further relief as may be necessary to enforce the same.COUNT I COMPLAINT FOR TEMPORARY AND PERMANENT INJUNCTION 46. 47. 48. 49. 50. Plaintiffs hereby restate and reallege the facts and allegations contained in paragraphs 1 through 45 inclusive, as if fully restated herein. Plaintiffs will suffer immediate and irreparable harm should WCS continue to deny the named students educational opportunities which are otherwise afforded to them under Tennessee law. Plaintiff’ have no adequate remedy at law because the students’ only option is to be deprived of their equal right to access with the WCS public-school buildings, or subject the minor children to the unlawful WCS mandate. Plaintiffs have shown that the WCS mandate requiring students to wear a face mask as a condition precedent to being allowed to attend in-person classes is beyond the authority delegated to the local school board by the General Assembly and is otherwise unlawful. Absent the issuance of a permanent injunction, there is sufficient probability that WCS will continue to violate Plaintiffs’ rights by enforcement of its unlawful mandate. WHEREFORE, BASED UPON THE FOREGOING, PLAINTIFFS PRAY: iL ‘That summons issue and Defendants be required to answer this Complaint in accordance with Tennessee law and the Rules of Civil Procedure. ‘That this Court enter a judgment declaring that the WCS mandate is illegal in that it exceeds the scope of authority granted to the local school board by the General Assembly.3. That t Court enter a judgment declaring that the WCS mandate is illegal in that it operates to deny students substantially equal access to educational opportunities available to other public-school students within this state. 4, That this Court enter judgment declaring the WCS mandate unenforceable based upon the fact it relies upon T.C.A. §58-2-107 which is, itself, an unconstitutional delegation of power, 5. That this Court enter a temporary injunction prohibiting Defendants from enforeing the WCS mandate pending final hearing in this matter. 6. That this Court enter a permanent injunction prohibiting Defendants from enforeing the WCS mandate. 7. For such other, general relief as may be appropriate. Respectfully submitted, J Parham, BPR #022222 Moc \derson, BPR #026696 Parhani Taw Offices, LLC 1806 B Memorial Blvd Murfreesboro, TN 37129 Phone: 615-256-4050 Email: jparham@pach 2.601 Jeremy 10o7a WCS Face Coverings during School Hours ‘The following table provides specific guidance for Teachers and Parents on the wearing of face cloth coverings (Mask) in school, and conditions when you can provide students a short break from the masks. Staff and students must wear a cloth face covering, or disposable face mask, at all times while on campus unless directed by WCS staff to remove them, or there is an allowable exemption. “A cloth or disposable face covering must be worn by all students, staff and visitors, Wearing of Face Coverings ‘hile on school property except as follows: -When an individual cannot safely wear a cloth or disposable face covering. -While eating and drinking, -While indoors and maintaining social distancing, at the direction of WCS staff. -While outdoors and maintaining social distancing, at the direction of WCS staff. Student has an approved Student Face Covering Exemption Request form on file with Allowable Exemptions the school. Parent should contact the school Principal to request the form. -Any child on campus who is under age 2. Student is having trouble breathing, is sleeping. Student is unable to remove their face covering without assistance. -Staff or Student is eating or drinking -Staff has provided a documented medical reason approved by Human Resources. “Face shields may only be used in place of a face covering ifthe student or staff member Consideration has an approved exemption on fie at school or with Humian Resources, -Cloth face coverings should be washed after each use. Consistency is key among teachers. Guidance for Classroom Teachers Students may remove their cloth face covering: -At the direction of WCS staff, when outdoors when 6-foot social distancing is maintained. “At the direction of WCS staff, when inside the building when 6-foot social distancing is maintained, but only for periods less than 15 minutes. -When eating or drinking. Teachers may schedule appropriately distanced “mask breaks” when needed.STATE OF TENNESSEE EXECUTIVE ORDER BY THE GOVERNOR No. 55 AN ORDER TO FACILITATE AND RESPOND TO CONTINUING EFFECTS OF COVID-19 BY AMENDING PRIOR EXECUTIVE ORDERS WHEREAS, 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 public health authorities to slow the spread of Coronavirus Disease 2019 (COVID-19), including practicing effective social distancing, personal hygiene measures, and usage of face coverings; and WHEREAS, COVID-19 remains a threat to our citizens, our healthcare systems, and our economy, requiring ongoing regulatory flexibility to cope with continuing effects and risks due to the COVID-19 emergency; and WHEREAS, the Centers for Medicare and Medicaid Services has recommended the establishment of certain nursing facilities for residents who become COVID-positive in order to protect other residents and provide additional flexibility for health care system capacity; and WHEREAS, measures should be taken to promote the safety and health of teachers, school administrators, staff, volunteers, and students and mitigate the spread of COVID-19 in K- 12 schools and institutions of higher education, which are designed to keep schools open and promote student success; and WHEREAS, athletics should continue because they are an important part of education and community and provide many benefits for student-athletes, though commonsense precautions must be taken due to COVID-19 as part of any athletic activity; and WHEREAS, pursuant to Tennessee Code Annotated, Section 58-2-107, and other general emergency and management powers of the Governor under law, the temporary suspension of selected state laws and rules and the other measures contained herein are necessary to facilitate the response to the ongoing effects of the emergency resulting from COVID-19. NOW THEREFORE, |, Bill Lee, Governor of the State of Tennessee, by virtue of the power and authority vested in me by the Tennessee Constitution and other applicable law, dohereby declare that a state of emergency continues to exist in Tennessee and accordingly order the following: Effective immediately, Executive Order No. 36, dated May 12, 2020, as extended by Executive Order No. 50, dated June 29, 2020, is amended by adding the following new paragraphs: 23.6 23.7 341 34.2 Commercial driver licenses with medical cards are extended until September 29, 2020. The provisions of Tennessee Code Annotated, Section 55-50-413, are hereby suspended to the extent necessary to delay the cancellation of a Class A, B, or C driver license with a medical card issued for more than ninety (90) days that is set to expire between March 12, 2020, and September 29, 2020. Class A, B, and C driver license holders affected by this suspension will have until September 30, 2020, to submit a new medical card to the Department of Safety and Homeland Security to avoid cancellation. Renewal requirements shall return to their original schedule in subsequent years. Any Class A, B, or C driver license that was downgraded between July 1, 2020 and the date of this Order shall be converted back to the previous license class if the sole reason for the downgrade was the expiration of Executive Order No. 36. Drivers who, since their last medical certificate was issued, have been diagnosed with a medical condition that would disqualify the driver from operating in interstate commerce, or who, since their last medical certificate was issued, have developed a condition that requires an exemption or Skill Performance Evaluation from FMCSA are not covered under the suspension in this paragraph. CDL Expiration Extension. The provisions of Tennessee Code Annotated, Sections 55-50-31, 95-50-336, and $5-50-337, are hereby suspended to the extent necessary to delay the expiration of all valid Class A, B, C, PA, PB, and PC driver licenses that are set to expire between March 12, 2020, and September 29, 2020. Class A, B, C, PA, PB, and PC licenses shall instead expire on September 30, 2020. Any Class A, B, C, PA, PB, or PC driver license that was downgraded between July 1, 2020 and the date of this Executive Order shall be converted back to the previous license class if the sole reason for the downgrade was the expiration of Executive Order No. 36. Designation and Payment for Certain Nursing Facilities as “COVID-19 Skilled Nursing Facilities/Units.” The provisions of Tennessee Code Annotated, Titles 4, 68, and 71 and related regulations and policies are hereby suspended to the extent necessary to provide the Department of Health and the Division of TennCare the necessary authority and discretion to select. designate, and reimburse certain nursing facilities, or units within certain nursing facilities, as “COVID-19 Skilled Nursing Facilities/Units” Medicaid Payments to “COVID-19 Skilled Nursing Facilities/Units.” The provisions and requirements of Tennessee Code Annotated, Section 71-5-105, are hereby suspended to the extent necessary to permit the Division of TennCare to implement additional acuity-based payments for Medicaid members in nursing facilities designated as “COVID-19 Skilled Nursing Facilities/Units”.38.2 Licensed alcohol _and_drug_abuse counselors can_practice telemedicine, The provisions of Tennessee Code Annotated, Section 63-1-155(a)(1), and any other state or local law, order, rule, or regulation that would limit the application of this Paragraph 38.2 are hereby suspended, retroactively to March 26, 2020, when Paragraph 38.1 suspended provisions of law to permit telemedicine by other licensed health care providers, to the extent necessary to allow telehealth or telemedicine services to be provided by an alcohol and drug abuse counselor licensed under Title 68. This suspension does not otherwise alter or amend an alcohol and drug abuse counselor's scope of practice or record keeping requirements. Effective immediately, Executive Order No. 38, dated May 22, 2020, is amended by deleting Paragraphs 2.c., 2.d., and 2.e. and substituting instead the followin ce Local education agencies and schools shall, notwithstanding any orders or provisions to the contrary, have the authority to permit, but are not required to permit, school-sponsored sporting events and activities, provided that all such activities, including practices and games or competition, must be conducted in a manner consistent with COVID-19-related regulations adopted by the Tennessee Secondary Schools Athletic Association. Non-school-sponsored athletics, including practices and games or competition, must be conducted in a manner consistent with guidance from the Tennessee Economic Recovery Group (i.e., Tennessee Pledge), including further and updated operational guidance to be forthcoming. Collegiate and professional sporting events and activities must be conducted pursuant to the rules or guidelines of their respective governing bodi Effective immediately, Executive Order No. 38, dated May 22, 2020, is amended by adding the following new paragraph: 121 Effective immediately, Executive Order No. 93, dated July 1, 2020, regarding li Waiver of application fee to expand premises. The provisions of Tennessee Code Annotated, Title 57, and related rules and other state or local laws, orders, rules, or regulations are temporarily suspended to the extent necessary to waive the $300.00 application fee for restaurants, limited service restaurants, and all other establishments licensed under Title 57, Chapter 4, that apply to the Alcoholic Beverage Commission to expand the boundary of their premises covered under such license to sell alcoholic beverages for on-premises consumption in response to COVID-19. ted liability protection for health care providers and hospitals, is amended and extended by adding the following language to the end of Paragraph 4: This Order is hereby extended for thirty (30) days, and shall continue in effeet until 11:59 pam., Central Daylight Time, on August 30, 2020.Effective immediately, Executive Order No. 54, dated July 3, 2020, regarding local government authority conceming face coverings, is amended by deleting Paragraph 8 and substituting instead the following: 8. Term and effective date. This Order shall be effective upon execution and shall remain in effect until 11:59 p.m., Central Daylight Time, on August 29, 2020. the fective immediately, Executive Order No. 54, dated July 3, 2020, following new paragraph: s amended by adi 9. Face coverings in schools and higher education institutions. Local education agencies, schools, and institutions of higher education are strongly encouraged to implement a policy requiring the use of face coverings by students and staff, with appropriate exemptions, and consistent with any policies issued by the Tennessee Department of Education. No policy, local order, or official may prohibit a student, teacher, school employee or contractor, or visitor from voluntarily wearing a face covering except to the extent that such face covering presents a safety or security tisk, IN WITNESS WHEREOF, | have subscribed my signature and caused the Great Seal of the State of Tennessee to be affixed this 31st day of July, 2020. [iti ee GOVERNOR ATTEST: SECRETARY OF STATE era