Judge Ruled FL Can't Enforce Ban On School Mask Mandates

A Florida Judge, ruled Wednesday, that the State cannot Enforce a Ban on Public Schools Mandating the use of Masks, to Guard against the Coronavirus, while an Appeals Court, sorts out, whether the Ban is ultimately Legal.

Leon County Circuit Judge, John C. Cooper, last Friday, Agreed with a Group of Parents, who Claimed, in a Lawsuit that Gov. Ron DeSantis' (R) Ban on the Mandates is Unconstitutional and cannot be Enforced. He also said, State Education Officials Exceeded their Authority by Imposing the Blanket Ban through Executive Order and tagging defiant Pro-Mask Local School Boards with Financial Penalties.

Cooper said the Ovewhelming Evidence, before him, in a Lawsuit by Parents Challenging the DeSantis Ban, is that Wearing Masks does provide some Protection for Children in Crowded School settings, particularly those under 12 for whom No Vaccine yet exists. The issue came to a Head amid a recent Surge in Cases caused by the more Contagious and Deadly Delta Variant of the Virus. “We're not in normal times. We are in a pandemic,” Cooper said during a Hearing. “We have a (coronavirus) variant that is more infectious and dangerous to children than the one we had last year."

Since DeSantis signed the Mandatory Mask Ban Order, on July 30th, 13 School Boards, representing more than Half of Florida's 2.8 Million Students, have adopted Mask Requirements with an Opt-Out only for Medical Reasons. State Education Officials have begun going after Rebellious School Board Members' Salaries as a form of Punishment. The Case next goes before the 1st District Court of Appeal, in Tallahassee.

The core of the Governor's Argument is that the recently Passed, Parents Bill of Rights, gives Decision-making Authority to Parents on whether their Children should Wear a Mask to School. “What we’ve found is in the trial courts in Tallahassee, state and federal, we typically lose if there’s a political component to it, but then in the appeals court we almost always win," the Governor said.

On the Parents Bill of Rights, Cooper said his previous Order follows the Law, as passed earlier this year by the Legislature. The Law, he said, reserves Health and Education Decisions regarding Children to Parents, unless a Government Entity, such as a School Board, can show their Broader Action is Reasonable and Narrowly Tailored to the Issue at hand. The DeSantis Order impermissibly Enforces Only the First Portion of that Law, Cooper said. “You have to show you have authority to do what you're doing,” the Judge said. “You cannot enforce part of that law but not all of it.”

In a separate Case, Parents of Special Needs Children, have filed a Federal Lawsuit, claiming the DeSantis Mandatory School Mask Ban, Violates the Americans with Disabilities Act by Placing their Medically Sensitive Children in Jeopardy. A Federal Judge, in Miami, was set to hold a Hearing later today, in that Case.

Additionally, School Officials in: Alachua, Broward, and Orange, Counties filed a Petition to Schedule a Hearing before an Administrative Law Judge.

According to the Filing, the Local School Officials, want the Judge to Invalidate a State Health Department Emergency Rule, against School Mask Requirements based on the Governor’s Executive Order.










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