John Cooper, Mayor

Tina Lester, RN, MSN

Interim Chief Administrative Director of Health
Gill C. Wright, III, MD, FAAFP, MMM
Interim Chief Medical Director of Health
Board of Health
A. Alex Jahangir MD MMHC FACS, Chair
Tené Hamilton Franklin MS, Vice-Chair
Thomas W. Campbell MD
Carol Etherington MSN RN FAAN
David A. Frederick MS
Calvin M. Smith III MD MPH

AMENDED AND RESTATED ORDER 8

FROM THE INTERIM CHIEF MEDICAL DIRECTOR
CLOTH FACE COVERINGS OR MASKS ORDER
Pursuant to the Declaration of Public Health Emergency adopted by
the Board of Health for Nashville and Davidson County on
March 15, 2020

From: Dr. Gill C. Wright III, Interim Chief Medical Director of Health

WHEREAS, the Interim Chief Medical Director of Health (“Medical Director”) recognizes
the emergency declarations of the President of the United States, the Governor of the
State of Tennessee, and the Board of Health for Nashville and Davidson County related
to the spread of COVID-19 disease in our community; and,

WHEREAS, COVID-19 is a disease caused by a novel coronavirus, previously unknown in

humans, and causes upper-respiratory tract illnesses that can range from mild to severe,
spread quickly, and may cause death, particularly in older adults and persons with
certain medical conditions; and,

WHEREAS, the World Health Organization declared COVID-19 to be a global pandemic

as of March 15, 2020; and,

WHEREAS, states of emergency have been declared by the President of the United
States, the Governor of Tennessee, and the Mayor of Nashville and Davidson County,
and continue to exist; and,

WHEREAS, the Medical Director finds that the coronavirus remains a threat in Nashville
and Davidson County; and,

WHEREAS, as of April 7, 2021, Nashville and Davidson County had seen a total of 95,400
cases, and 889 fatalities; and,

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2500 Charlotte Avenue ● Nashville, TN 37209-4129 ● Phone: (615) 340-5616 ● Fax: (615) 340-5665 ● www.health.nashville.gov

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WHEREAS, the Medical Director recognizes that it is critical to continue maintaining 6-
feet social distancing to slow the spread of COVID-19, and that the additional use of
simple cloth face coverings or masks, as recommended by the Centers for Disease
Control and Prevention, can further aid in slowing the spread of the virus; and,

WHEREAS, in reopening certain businesses, places of work, and venues and other
activities in the Nashville and Davidson County, it is in the best interest of public health
for individuals to continue to use social distancing and the additional precaution of cloth
face coverings or masks while in public contact with other persons; and,

WHEREAS, it continues to be extremely important to protect individuals from

contracting the virus; and,

WHEREAS, the risks of inaction are high for serious and possibly fatal illness for elderly
persons and individuals with underlying health conditions, including persons with
serious heart conditions; pregnant women; smokers and those with asthma, scarred or
damaged lungs or chronic lung disease; diseases that affect blood flow to the brain;
cystic fibrosis; high blood pressure; dementia; liver disease; diabetes; obesity; sickle cell
disease; and those whose immune system is compromised such as by chemotherapy for
cancer and other conditions requiring such therapy; and,

WHEREAS, on June 25, 2020, the Board of Health for Nashville and Davidson County
unanimously approved a policy of requiring the use of face coverings and masks; and

WHEREAS, medical evidence indicates that indoor spaces are more conducive to the
spread of the virus; and,

WHEREAS, the Medical Director finds that it is in the best interest of the public peace,
health, welfare, and safety, and to preserve the lives and protect the health of citizens
of Nashville and Davidson County, to require that cloth face coverings or masks be worn
by persons when interacting in indoor public places in Nashville and Davidson County.

NOW, THEREFORE, BE IT ORDERED by the Medical Director of Nashville and Davidson

County that: 1) cloth face coverings or masks shall be required within Nashville and
Davidson County as set forth in this Order to slow the spread of the novel coronavirus
disease, known as COVID-19; and 2) this Order supersedes and replaces Order 8 from
the Medical Director.

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SECTION 1.

(a) “Face Covering” is a cloth face covering, mask or other device to cover the nose
and mouth of a person to impede the spread of saliva or other fluids during speaking,
coughing, sneezing or other intentional or involuntary action. Medical grade masks are
not required; coverings may be fashioned from scarves, bandanas, or other suitable
fabrics. The Face Covering must cover the mouth and nose of the wearer.

(b) Face Coverings shall be worn at all times by members of the public except as
specifically exempted herein.

(c) Face Coverings are not a substitute for social distancing. Even if wearing a Face
Covering, persons should practice appropriate social distancing, stay six feet apart, clean
their hands frequently, and take other everyday preventive actions.

(d) Fully vaccinated individuals are encouraged to be aware of and follow CDC
guidance on safe interpersonal interactions that may be found at:
https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html

SECTION 2.

A Face Covering is not required in the following settings and circumstances:

(a) Within one's own residence or another's residence;

(b) By persons younger than two years;

(c) By persons who cannot medically tolerate wearing a Face Covering. No person
declining to wear a Face Covering because of a medical condition shall be required to
produce verifying medical documentation;

(d) Within one's own or another’s motor vehicle, provided the vehicle is not being
used for public transportation or a vehicle for hire;

(e) By persons working alone in separate office spaces or in non-public workplaces

that have more than adequate area for social distancing based on the size of and
number of people in the space (either indoors or outdoors). Such persons must be
prepared to wear a Face Covering when interacting with others when social distancing
of more than six (6) feet cannot be consistently maintained;

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(f) When wearing a Face Covering poses a safety risk or security risk. "Safety risk"
includes, but is not limited to, where wearing a Face Covering may pose a risk to persons
working on ladders or at height, wearing other respiratory protection, engaging in heavy
physical exertion, operating heavy equipment, or operating in an environment where a
Face Covering hinders communications. “Security risk” includes, but is not limited to, an
activity or transaction where establishing the identity of the customer or employee is
important. However, employers are encouraged to structure work to promote social
distancing and limit close contact as much as possible within workplaces where Face
Coverings may pose such risks;

(g) When actively eating or drinking in public at a restaurant, bar, or other food or
beverage establishment;

(h) While outdoors in public spaces. Maintaining a physical distance of six feet from
persons who are not members of the same household or residence is still strongly
recommended; if that is not feasible, the wearing of a Face Covering is strongly
recommended;

(i) While engaged in outdoor work or recreation, such as swimming, walking, hiking,
bicycling, or running, unless maintaining a physical distance of six feet from persons who
are not members of the same household or residence is not feasible;

(j) While in a place of worship. Places of worship are strongly encouraged to follow
the health guidelines in paragraph 3 of Governor Lee’s Executive Order No. 38, issued on
May 22, 2020; and

(k) While in a building or indoor space owned, managed, or leased by the State of
Tennessee or federal government.

SECTION 3.

(a) Businesses or facilities open to the public shall post conspicuous signage at all
public entrances stating to the effect:

“Dear Customers/Visitors,

Pursuant to Order 8 from the Chief Medical Director of Health for the
Metropolitan Government of Nashville and Davidson County, you are
REQUIRED to wear a cloth face covering or mask while in this

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 business/facility. This will help PROTECT our EMPLOYEES and EACH
OTHER.”

(b) Except for the circumstances specified in Section 2, all businesses, facilities,
commercial venues, and critical infrastructure sectors (including first responders) as
outlined at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19 shall
require:

i. Customers and visitors to wear a Face Covering while inside the business,
facility, or workplace, or at a worksite; and
ii. Employees to wear a Face Covering when physically interacting with the
public or other employees.

(c) Persons entering or walking through interior "Common Areas" of commercial

buildings, residential apartment or condominium buildings, and residential cooperative
buildings are required to wear Facial Coverings. "Common Areas" include
lobby/reception areas, hallways, elevators, mailrooms, clubhouse/meeting rooms, and
stairwells. The respective property managers/building managers shall be required to
enforce this requirement.

(d) K-12 schools shall require Face Coverings be worn at all times in school buildings
when social distancing is not occurring, as well as on buses to and from school. Face
Coverings may be removed in school when students are actively eating or drinking; if
the student cannot medically tolerate wearing a face covering. Schools should have an
internal appeal process for students who wish to request a Face Covering exemption.

(e) Mayor John Cooper’s Executive Order No. 7, “Requirement that Face Coverings
be Worn at Metropolitan Government Buildings,” issued on May 18, 2020, shall
continue to apply and is incorporated herein by reference.

SECTION 4.

Violations of this Order shall be subject to civil and criminal penalties, including
punishment as a Class C Misdemeanor pursuant to Tenn. Code Ann. § 68-2-602.

SECTION 5.

If any provision, sentence, clause, phrase, or word of this Order or any application of it
to any individual, business, or circumstance is held to be invalid by a decision of a court

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of competent jurisdiction, then such decision shall not affect the validity of the
remaining portions or applications of this Order.

SECTION 6.

Upon becoming effective, this Order supersedes, and replaces Order 8 from the Medical
Director.

This Order is hereby issued and effective at 12:00 p.m. CDT on April 9, 2021, and the
Order shall remain in effect until it is rescinded, superseded, or amended.

Date: ___April 9, 2021_____ _________________________________

Gill C. Wright, III, MD, FAAFP, MMM
Interim Chief Medical Director of Health

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