Florida Governor Ron DeSantis speaks at a press conference. A Florida judge on Friday struck down Go
A Florida judge on Friday struck down Governor Ron DeSantis’ controversial executive order barring school districts from mandating masks in schools.
Reading from his notes, Leon County Circuit Judge John Cooper stated DeSantis’ ban “doesn’t meet constitutional muster,” according to a CBS affiliate in south Florida. Cooper’s ruling has not yet been put in writing, however he stated he plans to sign the order Monday. He added that he expects the ruling to be appealed, which DeSantis vowed to do on Thursday in advance of his loss.
In his decision, Cooper sided with eight parents who sued DeSantis, Education Commissioner Richard Corcoran, the Florida Department of Education, and the Florida Board of Education. The parents claimed that the ban prevented educators from guaranteeing a safe learning environment for their kids and “endangered all Floridians.”
To come to his decision, Cooper noted that DeSantis’ executive order hinged on a law that took effect July 1 known as the “parents’ bill of rights” law.
“This orphan statute doesn’t support a statewide order or any action interfering with the constitutionally provided authority of local school districts to provide for the security and health of kids, based on the unique facts on the ground,” Cooper stated, according to the Tampa Bay Times.
The law states that the government may not “infringe on the basic rights of a parent to direct the upbringing, schooling, health care, and mental well being of his or her minor child.” However, it goes on to say that these rights can indeed be infringed if the government can demonstrate that any infringing policy is “reasonable and necessary to achieve a compelling state interest.
Reasonable and necessary
The “evidence demonstrates that face mask policies that comply with CDC guidance are, at this point in time, reasonable and in line with the best scientific and medical and public opinion guidance right now,” Cooper concluded in court Friday. Furthermore, Cooper determined that the law doesn’t permit for a ban on mask mandates at all, rather, it offers an avenue for parents to challenge school boards that institute mask mandates to supply proof that the mandate is reasonable and essential.
“My ruling on this case—if you wish to put it in one sentence—is: I’m enforcing the bill passed by the Legislature and requiring that anybody who uses that bill to comply with all provisions and not part of the provisions,” Cooper stated, referring to the bit prohibiting infringement without the “reasonable and necessary” catch.
DeSantis’ ban on school mask mandates has been at the center of intense criticism and controversy as new school terms start and the state shatters records for new COVID-19 cases, hospitalizations, and deaths.
On Thursday, the Associated Press reported that at least 10 school boards had defied the Governor’s order and issued mask mandates anyway. These districts include a few of the largest in the state, leading to over half of Florida’s 2.8 million public school students being under a mask mandate.
DeSantis has, in turn, threatened to penalize districts by withholding salaries and funds in the event that they defied his order. That sparked a disagreement with the Biden administration, which has stated that federal funds may cover any withheld funds to educators. The administration has also repeatedly advised DeSantis to “get out of the way.”
Source: DeSantis’ ban on school mask mandates violates Constitution, judge rules