Judge sides with parents and overturns DeSantis school mask ban

Florida Department of Education says they are ‘immensely disappointed that ruling discards the rule of law’

A Florida judge has sided with parents and overturned Governor Ron DeSantis’ ban on mask mandates, saying that school districts in the state can impose requirements and that Mr Desantis overstepped his authority.

The governor’s ban on local mandates will be put on hold after it was overruled by a Leon County Circuit Court Judge after parents brought a case wanting to impose mask mandates without the possibility of opting out.

Judge John Cooper issued the ruling after listening to testimony from parents, physicians and education officials over the course of three days.

He said the executive order banning school mask mandates and the enforcement of the restriction without parental opt-outs violated the Parental Bill of Rights, which was put into effect by the state legislature earlier this year.

Judge Cooper noted that he was enjoining the agencies tasked with enforcing the mandate ban, not issuing an order against Mr DeSantis, WFTS reported.

Lawyers on both sides of the case made their closing arguments on Thursday. According to attorney Craig Whisenhunt, Mr DeSantis had gone beyond his authority when issuing the mandate ban, arguing that the order was dangerous, illegal, and required the possibility for parents to be able to opt-out.

He urged the judge to direct Florida’s education commissioner Richard Corcoran “and the Department of Education to cease and desist the enforcement of the unconstitutional order that they are currently beating school districts down with to force compliance in unsafe environments”.

Ten school districts have ignored the governor’s order and imposed mask mandates without the possibility of parents opting out. The six largest districts in the state with around half of all Florida’s public school students have all disregarded the order from Mr DeSantis.

The State Board and Department of Education have said that any district that violates the executive order may be at risk of economic sanctions. Broward and Alachua counties are the only districts sanctioned so far.

Mr DeSantis said on Thursday that he would appeal any decision that was not in his favour.

“Obviously, if we win in district court or trial court, I’m sure it’ll be appealed on the other side too,” he said. “That’s good. We obviously need to have this stuff crystallised.”

Judge Cooper said that the mandate ban is partly prohibited from being enforced by the Parents’ Bill of Rights: “It doesn’t ban mask mandates at all. If you do adopt one, it has to be reasonable, support a compelling state purpose, be narrowly drawn, and accomplish a goal not available through some other means.”

The judge’s decision will take effect at the date of the written order, which looks likely to be on Tuesday.

“A school board enacting a mask mandate is acting within its discretion provided by the Florida Legislature if they meet the requirements set forth in the parent’s bill of rights,” he added.

Judge Cooper said the rights of parents are “very important,” but added that there are reasonable restrictions on those rights, as is the case across the US. As an example, he noted that while drinking alcohol is a right, drinking and driving is not. He also mentioned that often-cited example of not being allowed to yell “fire” in a crowded theatre while also having free speech rights.

The Judge said that rights can be limited if “exercising that right is harmful to other people”. He partly agreed with the plaintiffs, explaining that the governor’s order went against the recommendations of the scientific community and the Centers for Disease Control and Prevention, which he called “the preeminent medical authority in this country about infectious disease”. The judge detailed his decision over the course of two hours, local10 reported.

State lawyers argued that the mandate ban was a policy decision that was protected under the Parents’ Bill of Rights.

The governor’s Communications Director Taryn Fenske said in a statement to WFTS: “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 favour of elected politicians. 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.”

Ms Fenske added that the administration will “immediately appeal the ruling to the First District Court of Appeals, where we are confident we will prevail on the merits of the case”.

Jared Ochs of the Florida Department of Education said they were “immensely disappointed that the ruling issued today by the Second Judicial Circuit discards the rule of law. This decision conflicts with basic and established rights of parents to make private health care and education decisions for children”.

Hillsborough County Schools told the outlet: “The actions of this School Board when they adopted mandatory face coverings in schools is consistent with the judge’s ruling. We will continue to make the health and safety of students and staff top priority.”