The Shelby County Election Commission has been sued — this time over restrooms.

And, a U.S. district judge has issued a temporary restraining order for Election Day, saying the Election Commission and the state may not forbid campaign workers from entering polling places to use the restrooms “or for other legitimate purposes such as voting.”

Campaign workers must still forego wearing or possessing campaign materials when entering the buildings.

The lawsuit was filed last month by Memphis City Councilwoman Patrice Robinson, who is campaigning for reelection, campaign worker Latanya Barber Thomas, campaign worker Johnson Saulberry III and the Greater Memphis Democratic Club.

Both Thomas and Saulberry were denied access to restrooms in church buildings and Glenview Community Center while working the polls during early voting, according to court records.

“When they are forced off the premises to find a restroom, their speech promoting a candidate is being silenced,” read the court’s order, signed by U.S. District Judge John Fowlkes, Jr. “Their ability to interact with the voting public and associate with a particular political party or candidate is being impinged. While they are away, no voter will hear them advocating for a certain candidate or see their campaign materials.”

Linda Phillips, administrator of elections for Shelby County, said she was surprised at the judge's decision since it is established state law that only six types of people can enter polling places: election officials, voters, people assisting voters, the press, poll watchers and people with written authorization.

The order from the judge will be difficult to enforce, she said.

“I understand campaign workers, they’re just doing their jobs," Phillips said. "Their job is to connect with voters and try to get them to vote for their candidate, but I’ve also seen over the years some very creative stuff. I’m afraid the judge has made it very difficult for us.”

Robinson said she was happy at the ruling but hopes to have a change made for all future elections.

"Throughout my lifetime, it never crossed my mind I would have to go to court to make sure people would have the (ability) to go to the restroom," she said. "I never thought that would be a battle or an issue.”

Katherine Burgess covers county government, religion and the suburbs. She can be reached at katherine.burgess@commercialappeal.com, 901-529-2799 or followed on Twitter @kathsburgess.