A Florida judge on Friday blocked Republican Gov. Ron DeSantis’ executive order prohibiting mask mandates in schools, saying he overstepped his authority.
Leon County Circuit Judge John Cooper ruled in favor of a group of parents who filed a lawsuit against the governor, arguing his order is unconstitutional and puts their children’s safety at risk if there is a coronavirus outbreak at school.
Mr. DeSantis’ office said he will appeal the decision.
The July 30 order permits the State Board of Education, which was also listed as a defendant in the suit, to impose penalties on school districts that do not allow parents to opt their children out of a school mask mandate. Ten school districts, which educate slightly more than half of the 2.8 million Florida public school students in the state, have defied his order.
The judge said during a virtual hearing that Mr. DeSantis’ order “does not meet constitutional muster because such action exceeds the authority given to the defendants under the Parents’ Bill of Rights Law passed by the Florida legislature.”
Judge Cooper pushed back on the governor’s claims that the law gives parents the final say in health-related issues for their children and that it exempts government actions to protect public health.
The law, he said, does not bar mask mandates nor does it require a mask mandate be subject to an opt-out option for parents.
The judge also said that the state’s medical experts who testified that masks do not help prevent the spread of COVID-19 are part of a minority of scientists and doctors making such assertions.
The Centers for Disease Control and Prevention recommends mask-wearing to prevent the spread of the virus, which Mr. DeSantis has criticized.
Judge Cooper added the governor’s claim that a Brown University study found that masks are ineffective is incorrect because the authors specifically noted that conclusion should not be made.
“I don’t say that the governor has time enough to read a report that thick, but his advisers do … and that statement is incorrect,” Judge Cooper said.
He issued an injunction barring the state education department from penalizing school systems that do not adhere to the governor’s order.
The parents’ attorney, Charles Gallagher of Gallagher & Associates Law Firm, tweeted Friday that his firm is “proud of our plaintiffs standing up for what is right.”
“School boards now can protect their students without fear of financial consequences,” the tweet states.
The governor’s office vowed Friday to appeal the judge’s decision that “was made with incoherent justifications, not based in science and facts — frankly not even remotely focused on the merits of the case presented.”
“It is not surprising that Judge Cooper would rule against parents’ rights and their ability to make the best education and medical decisions for their family, but instead rule in favor of elected politicians,” the statement said.
The state education board said in a statement that it is “immensely disappointed” in the judge’s decision, which “conflicts with basic and established rights of parents to make private health care and education decisions for children.”
• This article is based in part on wire service reports.
• Emily Zantow can be reached at ezantow@washingtontimes.com.
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