Posted on 12/10/2021 5:24:17 PM PST by TheRobb7
ATTN Tennessee FReepers: I've read through the anti-mask mandate bill that Gov. Lee signed into law back in November.
If a store/business breaks this law, what's the punishment? Is there one?
The place I work in Shelby county is still mandating we wear masks. Thank you for your help.
The key to this is authority. The governor is restricted to the executive of the government.
If a private employer requires it, you must comply.
Same here. Shelby County. City of Memphis. Large employer requires masks at all times. It’s their rule. They consider it PPE, like safety shoes and earplugs. The up side is they have no interest in enforcement of vaccine mandate. They are letting their lawyers give advice. There is no law on vaccines and any OSHA enforcement will be won on procedure. A mandate has no legal force. It’s a regulatory term.
Agreed, but the legislature passed this bill, and it is now law, not just an executive fiat.
Since that’s the case, isn’t a business breaking the law?
Can they be held accountable?
Schools yes, but my understanding is that the portion of the law regarding businesses is still in force.
bookmark
Did you read the actual bill as passed? It was heavily amended during the legislative process.
https://legiscan.com/TN/text/SB9014/2021
There are two face covering provisions, one for government entities, one for schools.
(a) Notwithstanding any law to the contrary and except as otherwise provided in
subsection (c) and (e):
(1) A governmental entity shall not require a person to wear a face covering as
a condition to access the governmental entity’s premises or facilities, or to receive the
benefits of the governmental entity’s products or services, unless severe conditions
exist and the requirement is in effect for no more than fourteen (14) days; and
(2) An employer that is a governmental entity shall not require an employee to
wear a face covering as a term or condition of employment, or take an adverse action
against an employee for failing to wear a face covering, unless severe conditions
exist at the time the requirement is adopted and the requirement is in effect for not
more than fourteen (14) days.
(b) A governmental entity may renew its face covering requirement for additional
fourteen-day periods if severe conditions continue to exist each time the face covering
requirement is renewed. If, at the end of a fourteen-day period, severe conditions no longer
exist, then the governmental entity shall not renew its face covering requirement or otherwise
require a person to wear a face covering as a condition to access its premises or facilities; to
receive the benefits of its products or services; or as a term or condition of employment.
(c) Notwithstanding subsection (a), a governmental entity shall not require a person to
wear a face covering if the person provides documentation from the person’s healthcare
provider that wearing a face covering is contraindicated for the person, or if the person
objects to wearing a face covering because of the person’s sincerely held religious belief.
(d) This section does not authorize a person to access the premises or facilities of a
governmental entity, or to receive the benefits of a governmental entity’s products or
services, if the person is otherwise prohibited from accessing its premises or facilities, or
from receiving the benefits of its products or services.
(e) This section does not apply to state or local correctional facilities housing inmates
in a congregate living arrangement.
(8) “Governmental entity”:
(A) Means a state department, agency, or political subdivision,
including a city, town, municipality, metropolitan government, county, utility
district, public building authority, housing authority, emergency
communications district, county board of health, a development district
created and existing pursuant to the laws of this state, or an instrumentality of
government created by one (1) or more local governmental entities;
(B) Does not include a school or LEA, as defined in§ 49-1-103;
(C) Does not include an airport authority;
(D) Does not include a Medicare or Medicaid certified provider, but
only to the extent such provider is subject to a valid and enforceable Medicare
or Medicaid condition of participation that imposes a requirement contrary to
this title, except a person in a position covered by the definition of emergency
medical services personnel in§ 68-140-302;
(E) Does not include an entity operating on property owned, managed,
or secured by the federal government, but only to the extent such entity is
subject to a valid and enforceable federal requirement contrary to this title;
(F) Does not include a healthcare provider enrolled in Medicare or
Medicaid that is subject to fines or penalties for nonadherence to federal rules
and regulations, but only to the extent such provider is subject to a valid and
enforceable Medicare or Medicaid condition of participation that imposes a
requirement contrary to this title; and
(G) Does not include an assisted-care living facility, a home for the
aged, a nursing home, or a residential hospice, as those terms are defined in
§ 68-11-201;
There is nothing in the final bill regarding private businesses generally when it comes to masks.
The vaccine status portion does apply to private businesses as well as governmental entities.
Correct. The law prohibits mandatory vaccination, but not mask wearing in private businesses.
Also, today a federal judge blocked the part about masks in schools.
No. The mask mandates apply to government run facilities only.
Any private company can require it.
Well said. Let the market weed them out.
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