While extremely unpopular, Tennessee County Mayors, (and many City Mayors), have the power, under Tenn. Code Ann. sec. 58-2-110, to order masks be worn in public settings during a time of pandemic emergency. Tennessee’s Governor Bill Lee has declared the COVID-19 pandemic an emergency under Tenn. Code Ann. sec. 58-2-107. For citizens, this means that criminal citations and arrests are possible for violating any ordinance requiring masks be worn in public. Nashville has recently began strictly enforcing their version of this policy. For public institutes such as natural gas utilities, these same emergency mandates bar the utility from disconnecting a person’s home utilities for non-payment of fees due during the time of emergency. See e.g., In Re: Emergency Petition of the Consumer Advocate Unit of the Financial Division of the Office of the Tennessee Attorney General, 2020 WL 4207282 (Tenn. Pub. Serv. Comm. 7/20/2020).
The COVID-19 pandemic may temporarily delay a lawsuit, but it does not stop a lawsuit. While courts may be closed for all but extraordinary or emergency circumstances, cases can still be filed, discovery continues, and mediation occurs. Be sure to check with your attorney because time deadlines may be running. Legal representation is one of the listed “essential services” that continue, even though most businesses are closed, so your attorney should be available, either in person, via Skype, or by phone. On April 22, 2020, I have the honor speaking to approximately 800 judges from across the U.S. (and in several other countries) about the judge’s ethical duty to move cases along during a pandemic as part of a National Judicial College country-wide podcast. If you wish to talk with an attorney about your case in the Montgomery County, Tennessee area, and you have not already retained a lawyer, call attorney Gregory D. Smith at 931/647-1299. #covid19 #lawyer #lawyers