Orange County mom joins mask case against DeSantis
Worried about the upcoming school year, Allison Scott shared her fears on Facebook and connected with other parents angry face masks weren’t required on campus even as COVID-19 cases surged in Florida.
One day someone asked the Orange County mother if she wanted to join a lawsuit challenging Gov. Ron DeSantis, whose July 30 executive order banned public schools from imposing mask mandates.
“I sure do,” she replied. “This is my 10-year-old son, and it’s not just my son it’s anybody’s son or daughter.”
Scott, who lives in Horizon West, was one of a dozen parents named in the Aug. 6 lawsuit that argues DeSantis’ order “impairs the safe operation of schools” and is unconstitutional.
A judge in Leon County Circuit Court began hearing the parents’ lawsuit Monday morning, opening another front in the battle between those who cheer DeSantis’ focus on parents’ rights and those who criticize him for decisions they view as in opposition to public health.
They want local school boards to be able to decide if the spread of the coronavirus in their communities warrants face masks mandates in their public schools.
“Because of the delta variant, our public schools are not safe and secure at this time unless everyone wears a mask,” Charles Dodson, a former judge who is representing the parents, said during an opening statement on Monday.
Thomas Unnasch, a University of South Florida professor, testified that the coronavirus variant poses a risk to students that justifies having them wear masks at school.
“This does appear to be a more pathogenic virus that’s causing more illness in children in all age groups than the variants that we’ve previously seen,” Unnasch said during questioning by the plaintiffs’ attorneys.
An attorney for the state said its witnesses would include an expert who would testify there is “ample evidence” of physical and developmental harm to children from wearing masks, as well as from parents who oppose mask mandates.
“Like the plaintiff families, these are parents who care equally about promoting the best interests of their children,” attorney Michael Abel said.
Another lawsuit filed in federal court argues DeSantis’ face mask ban violates federal law and endangers students with disabilities by putting them at greater risk of contracting COVID-19.
Most of Florida’s 67 school boards made face masks optional for the 202122 school year but as virus cases and hospitalizations spiked six districts recently imposed mandates, defying the governor.
The Sarasota County School Board was the most recent, joining those ranks Friday.
The Orange County School Board could discuss a mask mandate at its meeting Tuesday.
The DeSantis administration is fighting the districts that have bucked his order and plans this week to start withholding some state money from Alachua and Broward county school districts — the first to adopt the mandates. The controversy has prompted a war of words between Florida’s Republican governor and the Democratic administration of President Joe Biden. Biden’s education secretary has told the districts they can use federal COVID-19 relief to make up any loss of state funds.
Thursday, Judge John Cooper denied DeSantis’ request to dismiss the parents’ lawsuit immediately. His attorneys said the governor, as the state’s chief executive, has the right to make policies and to direct state agencies — in this case, the Florida Department of Health — to make rules that enforce his policies.
But Cooper ruled against them, saying the parents have a right to be heard.
“They have the right to contest the governor’s and the department of health’s actions,” Cooper said. “This case should be tried.”
DeSantis’ order said parents, not school boards, should decide if their children wear face masks at school. The health department, following his order, then issued a rule that said students could wear face coverings at school but parents must be able to opt out of any mandate.
“Parents ultimately know what’s best for the kids and how they best learn,” DeSantis said Thursday when asked about the districts mandating face masks for all students but those with medical exemptions.
In their brief arguing to dismiss the lawsuit, DeSantis’ attorneys said the governor can make political and policy decisions and the courts should not interfere. They noted success in several previous cases — including the unsuccessful challenge last summer of DeSantis’ order to reopen schools — to bolster their argument.