Judge blocks Fla. governor’s order banning mask mandates
FORT LAUDERDALE, Fla. — Florida school districts can legally require their students to wear masks to prevent the spread of COVID-19, a judge ruled Friday, saying Gov. Ron DeSantis overstepped his authority when he issued an executive order banning such mandates.
Leon County Circuit Judge John C. Cooper agreed with a group of parents who claimed in a lawsuit that DeSantis’ order is unconstitutional and cannot be enforced. The governor’s order gave parents the sole right to decide if their child wears a mask at school.
Cooper said DeSantis’ order “is without legal authority.”
His decision came after a four-day virtual hearing, and after 10 Florida school boards voted to defy DeSantis and impose mask requirements with no parental optout. Districts that have done so include Miami, Fort Lauderdale, Orlando, Tampa, Jacksonville and West Palm Beach. Cooper’s ruling will not go into effect until it is put into writing, which the judge asked the parents’ lawyers to complete by Monday.
Cooper said that while the governor and others have argued that a new Florida law gives parents the ultimate authority to oversee health issues for their children, it also exempts government actions that are needed to protect public health and are reasonable and limited in scope. He said a school district’s decision to require masking falls within that exemption.
The governor’s office said Friday that Cooper’s decision wasn’t based on the law and the state will appeal it.
“It’s not surprising that Judge Cooper would rule against parents’ rights and their ability to make the best educational and medical decisions for their family, but instead rule in favor of elected politicians,” spokeswoman Taryn Fenske said in a statement. “This ruling was made with incoherent justifications, not based in science and facts — frankly not even remotely focused on the merits of the case presented.”