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In a major rebuke to Gov. Ron DeSantis and his administration’s attempt to rob public school districts of the authority to require mask-wearing and potentially penalize the ones that do, a Florida judge on Friday ruled that the governor didn’t have the authority to do so.
Leon County Circuit Court Judge John Cooper tore down the state’s legal argument, and ruled that DeSantis’ executive order was overreaching, adding that the governor did not have the authority to outright ban school districts from enacting their own mask mandates.
The ruling comes about a month after DeSantis had doubled down on dangerous anti-mask rhetoric and issued an executive order on July 30, barring public school districts from issuing their own mask mandates and allowing parents to decide “whether their children should wear masks in school.” The State Board of Education had suggested withholding salaries and removing officers from any public school districts that adopt mask mandates, including Miami-Dade County Public Schools and Broward County Public Schools.
After several days of evidence being presented at the virtual trial proceedings, Cooper heard final arguments Thursday from both the state, as well as attorneys representing parents of students who were aiming to dismantle the governor’s executive order.
During a Friday morning hearing that was held on Zoom, Cooper said: “The evidence clearly demonstrates that the recommendation of the CDC for universal masking of students, teachers, and staff represents the overwhelming consensus of scientists, medical doctors, and medical organizations,” the judge said during the hearing.
“Although no individual school policy is in front of me, I have heard significant evidence concerning the medical and scientific basis for face mask policies, and 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.”
Cooper’s decision will almost certainly be challenged by DeSantis’ team in the coming days and weeks, setting up for a potentially protracted legal battle.
The executive order is now invalidated.
DeSantis’ office did not immediately return a request for comment from New Times.
In the meantime, New Times rounded up reactions from local and state officials, teacher unions, and superintendents who were overwhelmingly in favor of the judge’s ruling.
Teachers Unions and Superintendents
Teachers unions in Miami-Dade and Broward counties celebrated Cooper’s ruling Friday, saying the decision was one grounded in science and reason – and a smack-down of partisan politics.
United Teachers of Dade President Karla Hernandez-Mats says the union was very pleased with the judge’s decision on Friday afternoon.
“We’re elated, to be honest with you,” she tells New Times. “We’re glad that Judge John Cooper had the knowledge and the common sense because this wasn’t a really difficult ruling.”
Children will always win! Wear a mask and get vaccinated! #MasksSaveLives pic.twitter.com/tbAdCrs40G
— United Teachers of Dade (@UTD_AFT1974) August 27, 2021
She says the decision brings a sense of relief not only for teachers, but for the school boards, school board members, and superintendents whose salaries have been threatened by DeSantis in recent weeks.
The court’s decision appears to uphold the legality of protocols that are reasonable, serve a compelling public interest, such as the containment of communicable diseases, and are narrowly tailored. https://t.co/Ky8xgV3WA4
— Alberto M. Carvalho (@MiamiSup) August 27, 2021
As for Broward teachers, who are still mourning the loss of three educators who died of COVID-19 within 24 hours span just before the school year kicked off, Teachers Union President Anna Fusco says: “I’m feeling that the law prevailed, and an honorable judge who saw through what our governor was trying to do called him out on it and said, you know, you overstepped your lane.”
Florida Elected Officials
Today was a big win for public health in #Florida, and a big loss for @GovRonDeSantis unconstitutional and authoritarian overreaches. We still have a fight ahead of us, but as of right now our schools are free to #ProtectTheKids!#MaskUp #COVID19
https://t.co/byMhsg3bAT— Senator Gary Farmer (@FarmerForFLSen) August 27, 2021
Today is a GREAT day for Florida's kids, parents, teachers and school districts who bravely stood up to political bullies. 💪
Today is a BAD day for @GovRonDeSantis and for coronavirus, who until now, was allowed to have its way with kids in our school. ðŸ¦
— Rep. Carlos G Smith (@CarlosGSmith) August 27, 2021
Huge win for SCIENCE, public health, local control and especially families! https://t.co/APECd47KgE
— Rep. Anna V. Eskamani 🔨 (@AnnaForFlorida) August 27, 2021
Judge Cooper’s ruling shuts down @GovRonDeSantis‘ outrageous ban on school mask requirements.
Huge win for all of Florida – our students, teachers, families, schools and economy. This verdict helps keep our schools and economy open, while continuing to protect lives.
— Charlie Crist (@CharlieCrist) August 27, 2021
The 2nd Judicial Circuit Court of Florida just overturned the Governor's indefensible, illegal executive order stripping the power of local school boards to implement a temporary mask mandate with medical opt out.
This is a win for students, parents, teachers, and democracy.
— Nikki Fried (@NikkiFried) August 27, 2021
