Pictured Above: Leon County Circuit Court Judge John C. Cooper ruled against Gov. Ron DeSantis’ July 30 executive order that prohibits Florida schools from establishing mask mandates.
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A Florida judge ruled on Friday that Gov. Ron DeSantis overstepped his authority by issuing an executive order banning school mask mandates.
Leon County Circuit Court Judge John C. Cooper said the state “did not have the authority for a blanket mandatory ban against face mask policy, that does not provide a parental opt-out. They simply do not have that authority.”
DeSantis signed the executive order banning mask mandates in schools on July 30. The order threatened to withhold state funds from non-compliant schools.
The state argued the Parents’ Bill of Rights, a new law DeSantis signed into effect on June 30, prohibits school districts from enforcing mask mandates. Cooper said DeSantis misinterpreted this law, and that it allows mask mandates if they are reasonable and protect public health.
“This statute does not support a statewide order or any action interfering with the constitutional authority of local school districts to provide for the safety and health of students based on the unique facts on the ground in a particular county,” Cooper said.
The order will not go into effect until a written order is issued early next week.
The governor’s office responded to the ruling, issuing the following statement:
“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. 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.
“We are used to the Leon County Circuit Court not following the law and getting reversed on appeal, which is exactly what happened last year in the school reopening case. We will continue to defend the law and parent’s rights in Florida, and 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.”
The lawsuit was brought forth by a group of parents from Alachua, Hillsborough, Miami-Dade, Orange, Palm Beach and Pinellas counties who argued that DeSantis’ order was unconstitutional.
Ten school districts in Florida have already defied DeSantis’ executive order and enacted mask mandates. No state university has done so yet.
USF announced on Aug. 11 that students are “expected” to wear masks on campus, but not required.
USF Assistant Director of Media Relations Althea Johnson issued the following statement in response to this morning’s ruling:
“The University of South Florida continues to follow the guidance issued for all state universities by the Board of Governors [BOG], which oversees members of the State University System. USF is offering in-person classes and activities in the fall with mitigation measures and protocols in place to support health and wellness,” Johnson said.
“Consistent with BOG guidance, USF strongly encourages vaccines for members of the university community and we expect everyone to wear a mask on our campuses, regardless of vaccination status. Any decision to shift to temporary remote course instruction would be made under direction from the BOG.
USF leadership monitors the situation daily and meets regularly with the BOG and the other state university presidents to help inform our plans.”
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