Anti-mask judge says he will stay on case

Opponents call for disqualification after holiday party photo

In another rejection of anti-maskers, Palm Beach County Circuit Judge John Kastrenakes is shutting down objections over a photo showing him wearing a mask improperly at a holiday party last month.

The mask opponents called for the judge to disqualify himself from hearing their lawsuit challenging the county’s mask requirements, arguing that the image is a telling sign that he’s biased against them.

But Kastrenakes, in a ruling signed Monday, wrote that the group’s demand was “legally insufficient.”

To support his ruling, Kastrenakes cited previous legal rulings in several cases concerning other judges. One states that “motions to disqualify based on judge’s non-verbal expressions do not provide a well founded fear of prejudice.”

On July 27, the judge found that the county government was within its rights to require a mask to help protect the public during the coronavirus pandemic.

Masks have been a contentious issue across South Florida, with some people contending that being forced to wear them infringes on their constitutional rights to free speech and privacy.

“We do not have a constitutional right to infect others,” Kastrenakes ruled, prompting the opponents to file an appeal.

While that action is pending, the anti-maskers pounced on the photo of Kastrenakes that was taken at the Palm Beach County Bar Association’s holiday party, held Dec. 8 at the PGA National Resort in Palm Beach Gardens.

The picture, posted first on Facebook, shows the judge with his mask resting on his chin as he stood in front of a walk-up food station. Kastrenakes was photographed at the same party with his mask covering his nose and mouth.

Attorneys Louis Leo IV and Joel Medgebow, who represent the

mask critics, wrote that the photo shows Kastrenakes “publicly flaunting” his order upholding the county’s mask mandate.

At the time, it followed other instances of public officials nationwide who were criticized for disregarding COVID-19 precautions after urging others to follow them.

The local opponents said they feared Kastrenakes would sympathize with “members of the Palm Beach County Board of County Commissioners who have similarly not complied with the mask mandate and/or have selectively or discriminatorily enforced the Order at issue in this case.”

Leo and Medgebow could not be reached for comment Tuesday despite emails and a call to their office.

The event attended by Kastrenakes followed public health safety guidelines for social distancing and facial coverings, said Lynne Poirier, communications director for the bar association.

Attendance was limited to about 75 people, including five judges, at an outside pavilion with a 200-person capacity.

All guests had their temperatures taken before entering, and hand sanitizer and gloves were available, Poirier said, adding that PGA National staff served all the food.

“While there may be a picture or two which show a brief moment where someone’s mask was down (for eating/drinking for instance), adherence to the various safety protocols ... were present for the overwhelming totality of the event, both by our members and PGA Resort staff,” Poirier told the South Florida Sun Sentinel.

COURTESY Palm Beach County Circuit Judge John Kastrenakes was photographed with his mask lowered while at a party buffet line Dec. 8.