Florida Gov. Ron DeSantis suffered a legal defeat on Friday after Tallahassee Circuit Judge John Cooper ruled that schools can impose mask mandates on students:
It's complicated, but Tallahassee Circuit Judge John Cooper is ruling "for now" against the @GovRonDeSantis and Ed. Comm'r @richardcorcoran ban on mask mandates, and for #Florida school districts that require in-school mask wearing.
— Jim Rosica (@JimRosicaFL) August 27, 2021
From the order:
Judge Cooper concludes: FL law "does not support a statewide order, or any action interfering with the constitutionally provided authority of local school districts to provide for the safety and health of children, based on the unique facts on the ground in a particular county."
— Mary Ellen Klas (@MaryEllenKlas) August 27, 2021
Cooper adds: "The evidence submitted by the defendant [the state] I think reflects a minority, perhaps even a small minority of medical and scientific opinion."
— Mary Ellen Klas (@MaryEllenKlas) August 27, 2021
"I conclude that this evidence demonstrates that face mask policies that follow CDC guidance are at this point in time, reasonable and consistent with the best scientific and medical opinion guidance in the country at this time." But he admits that guidance could change.
— Mary Ellen Klas (@MaryEllenKlas) August 27, 2021
He rules: "The school district which adopts a policy, such as a mass mandate, is acting within discretion, given to it by the Legislature in the Florida Parents Bill of Rights."
— Mary Ellen Klas (@MaryEllenKlas) August 27, 2021
"This is not something I made up. This power has been given to the school boards very recently by bill that the governor signed…I am enforcing the bill passed by the Legislature in requiring anyone who uses that bill has to follow all provisions."
— Mary Ellen Klas (@MaryEllenKlas) August 27, 2021
"A school district, adopting a policy, such as a mask mandate is acting within its discretion it has been given this discretion by the Florida Legislature in the Parents Bill of Rights."
— Mary Ellen Klas (@MaryEllenKlas) August 27, 2021
"The doctrine of separation of powers requires that the discretionary power exercised by the school board, cannot be interfered by the judiciary, or by the executive branch of government, and neither the judiciary nor the executive can substitute judgment for the schl bd's power"
— Mary Ellen Klas (@MaryEllenKlas) August 27, 2021
And we’d like the judge to explain this one:
This Florida clown judge just said the hard data that showed zero mask effect in Florida schools last year are irrelevant because of delta. I.e., an intervention that failed with a less infectious variant could work with a more infectious variant. This is a crime against logic.
— Phil Kerpen (@kerpen) August 27, 2021
He also didn’t agree with the child abuse argument:
Judge is unimpressed with @MMcDonaldMD, who said masking kids is “child abuse” and other anti-mask things
Judge clearly disagrees
McDonald was featured in a @GovRonDeSantis closed door roundtable, video of which is likely to be featured in @OANN “investigation” this weekend
— Matt Dixon (@Mdixon55) August 27, 2021
School districts had revolted against the policy and opened with mask mandates in place and this is the second recent legal defeat for the governor
Past month….
Districts representing 50% of Fla students instituted mask mandates despite DeSantis' threats
A judge said DeSantis could not punish districts for instituting mask mandates
Cruise lines are requiring vaccines in defiance of DeSantishttps://t.co/KSO5xIouq3
— Matt Dixon (@Mdixon55) August 27, 2021
“DeSantis has been iron-fisted with local governments and defending his hands-off pandemic policies, but there has been a recent shift: entities are no longer paying attention to the threats and bluster”:
DeSantis has been iron fisted with local governments and defending his hands-off pandemic policies, but there has been a recent shift: entities are no longer paying attention to the threats and bluster
— Matt Dixon (@Mdixon55) August 27, 2021
DeSantis has already announced his intention to appeal the verdict:
.@GovRonDeSantis comms team out with a statement after judge finds Florida's mask mandate ban unconstitutional: "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." pic.twitter.com/bLPNgKWhWi
— Forrest Saunders (@FBSaunders) August 27, 2021
And, FWIW, every judge has been appointed by a Republican (Charlie Crist *was* a Republican back the):
-Program note-
Number of sitting judges on @1dca_flcourts – 15.
Number appointed by Republican @GovRonDeSantis – 3.
Number appointed by his predecessor, Republican @SenRickScott – 8.
(Rest appointed by @CharlieCrist or @JebBush)— Jim Rosica (@JimRosicaFL) August 27, 2021
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