Florida Gov. Ron DeSantis’ ban on mask mandates in the Sunshine State’s public schools was shot down by a judge Friday.
Leon County Circuit Judge John C. Cooper found DeSantis’ July executive order — which barred schools from forcing students to mask-up — “is without legal authority.”
The judge sided with a group of parents, who challenged the executive order in a lawsuit, following three days of video hearings in the case.
DeSantis and supporters of the mask mandate ban have said that a new Florida law leaves decision-making power over children’s health issues with parents. Still, Cooper said that law has an exemption that allows the government to step-in to protect public health as long as the action is limited in scope.
Cooper said that requirements of masking in schools in order to stop the spread of coronavirus is covered under that exemption.
The judge went on to say that citizens’ rights must also be balanced against cases when their actions can hurt others.
The law “is full of examples of rights that are limited (when) the good of others … would be adversely affected by those rights,” Cooper said, giving an example of how adults are allowed to drink alcohol but not drive drunk.
The ruling came on the heels of 10 state school boards — repping half of Florida’s 2.8 million public school students — voting to go against DeSantis’ order and imposing mask mandates with no out for parents who would choose to have their kids go without face coverings.
DeSantis has threatened financial sanctions on school districts that defy his order. But President Biden has offered to provide federal assistance to keep these schools running in the case that the state withholds funding.
On Tuesday, Orange County — where Orlando and Disney World are located — implemented the mask mandate after nearly 2,000 students tested positive for COVID-19 since the new school year started.
With Post wires