DeSantis' school mask mandate ban is unlawful, Florida judge rules
Local school boards have the right to set their own policies as long as they're "narrowly tailored," the judge said Friday.
Aug. 27, 2021, 11:44 AM CDT / Updated Aug. 27, 2021, 1:26 PM CDT
By David K. Li
A Florida judge on Friday knocked down the state's order banning local school boards from implementing mask mandates, saying the sweeping action from Tallahassee doesn't "pass constitutional muster."
Leon County Circuit Judge John C. Cooper's decision followed a four-day trial, which was held online as the state struggles to contain the spread of Covid-19.
School districts have the right to set policies, like mask mandates, as long as they have “compelling state interest” and have a “narrowly tailored” plan of action, according to Cooper.
The judge made clear that he was not ruling against Gov. Ron DeSantis, but taking action to bar state agencies from enforcing the governor's blanket order against local mask mandates, which tramples on Florida’s separation of powers statutes.
“The actions of the defendants [DeSantis] do not pass constitutional muster,” Cooper said. “They seek to deprive the school boards in advance.”
Still, Friday's ruling was a blow to the Republican governor and his education commissioner, who have threatened to withhold funding from school districts that went against the ban.
Jared Ochs, director of communications for the state's Department of Education, said the administration is "immensely disappointed" by Cooper's ruling.
"This decision conflicts with basic and established rights of parents to make private health care and education decisions for children," Ochs said in a statement. "We will continue to fight to make sure every child has access to education. We are committed to the fundamental rights of parents and will push forward on appeal to ensure that this foundation of democracy is upheld."
The governor's office attacked Cooper, saying his "ruling was made with incoherent justifications, not based in science and facts – frankly not even remotely focused on the merits of the case presented."
"It’s not surprising that Judge Cooper would rule against parent’s rights and their ability to make the best educational and medical decisions for their family, but instead rule in favor of elected politicians," Taryn Fenske, DeSantis' communications director, said in a statement.
The state plans to appeal.
READ MORE: DeSantis' school mask mandate ban is unlawful, Florida judge rules
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Posted By: Dea. Ron Gray Sr.
Friday, August 27th 2021 at 6:21PM
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