A Florida judge ruled Friday that Gov. Ron DeSantis “exceeded his authority” in his attempts to bar school districts from implementing mask-wearing requirements in classrooms after parents sued the state, pointing to the spread of the highly infectious coronavirus delta variant.
Florida Second Circuit judge John Cooper agreed with those parents from various districts who said the governor’s executive order infringes on their state constitutionally protected right to have children educated in a safe and secure environment.
“We don’t have a right to go into a crowded theater and yell fire because we decided it’s our right to do that,” said Judge Cooper.
The judge’s injunction prohibits Florida’s Education Department from imposing consequences on districts that defied the governor’s order.
Lawyers for the state alleged the parents lacked the appropriate standing to file a lawsuit. However, the judge saw it differently and disagreed. State attorneys argued the governor was protecting parents’ right to choose what medical decisions they make for their children, claiming that mask-wearing has not been proven effective.
The judge’s decision could face review if appealed, which DeSantis has promised to do.
“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,” the governor said in a statement Friday. “We are used to the Leon County Circuit court not following the law and getting reversed on appeal.”
Across the country, at least eight states, including Florida and Texas—both top states for new infections, have attempted to strip school boards of their authority to enact public health mitigation measures to prevent the spread of COVID-19. Most of those states face legal actions over their efforts.
The U.S. Department of Education warned Florida, and other states, about penalizing school officials who ignored the governor’s order by withholding their salaries. President Biden said if that happened, the federal government would reimburse educators through funds already allocated for coronavirus relief.
Children under 12-years-old are not yet eligible for any of the vaccines, yet the demographic has seen a spike in infections in Florida, with more than 20,300 new cases last week. Currently, Florida is reporting more than 240 deaths a day, nearly a record.
“This is an emergency,” said attorney Charles Gallagher, who represented the parents.
Some parents testified in support of the governor’s decision in court.
“We know our children better than anyone,” parent Ashley Benton told a courtroom. “We can make decisions based on their individual needs.”
Members of the Texas House Democratic Caucus released several statements Friday.
“The operation of our public schools constitutionally belongs to the school boards,” said Democratic House Co-Leader Evan Jenne. “There is no reason to waste taxpayer dollars appealing today’s decision.”
“I wish [DeSantis] would just go back to campaigning for president and let this decision stand,” said. State Rep. Fentrice Driskell.
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