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Florida judge rules state overstepped authority restricting school districts from enacting mask mandates
Posted by: Speedy
Date: August 27, 2021 11:47AM
[www.washingtonpost.com]

A Florida judge ruled Friday that the state overstepped its authority in restricting school districts from enacting mask mandates after parents sued officials amid a surge of coronavirus infections.

Judge John Cooper of Florida’s Second Circuit sided with parents from six Florida counties who challenged Ron DeSantis (R) and state education officials in court this week, arguing that the governor’s order infringes on classroom safety guaranteed by the state’s constitution.

In a milestone decision in the heated debate about mask mandates in Florida, Cooper ordered that the state cannot require districts to offer voluntary mandates over “the preservation of general welfare,” comparing the masking issue to the difference between the right to drink alcohol and the criminality of drunk driving.

“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,” he said.

Masks in schools: Explaining the debate over face coverings in classrooms

This injunction bars the Department of Education’s enforcement against school districts not complying with a Department of Health rule. The ruling came after DeSantis ordered revising state policy to allow parents to choose if they want their children to wear masks.

The state’s legal team argued that parents suing the state didn’t have legal standing and had not named the health department in their lawsuit so they could not effectively block the state’s actions. But Cooper disagreed.

The decision could be overturned by an appeals court or differ from the outcomes of other lawsuits moving through courts. Before Thursday’s ruling, DeSantis said that if his administration lost, it would appeal.



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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Re: Florida judge rules state overstepped authority restricting school districts from enacting mask mandates
Posted by: N-OS X-tasy!
Date: August 27, 2021 12:19PM
So we've established there is at least one intelligent person in Florida...



It is what it is.
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Re: Florida judge rules state overstepped authority restricting school districts from enacting mask mandates
Posted by: Diana
Date: August 27, 2021 12:28PM
Quote
N-OS X-tasy!
So we've established there is at least one intelligent person in Florida...

I bet he (or she) is quite lonely.
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Re: Florida judge rules state overstepped authority restricting school districts from enacting mask mandates
Posted by: pdq
Date: August 27, 2021 12:29PM
Perhaps Mr. DeSantis would like to move this case to Texas, where judges appear more compliant with anti-mask edicts from state governors during pandemics.
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Re: Florida judge rules state overstepped authority restricting school districts from enacting mask mandates
Posted by: Ombligo
Date: August 27, 2021 01:22PM
DeathSantis already said he will appeal. The higher the court the more likely DeathSantis wins since he appointed many appeal court judges and controls the majority of the state supreme court. The judge who made the ruling is in an elected position (well, he is appointed but then must be retained by voters every four years) and that court is in a very blue city.



“No persons are more frequently wrong, than those who will not admit they are wrong.” -- François de La Rochefoucauld

"Those who cannot accept the past are condemned to revise it." -- Geo. Mathias

The German word for contraceptive is “Schwangerschaftsverhütungsmittel”. By the time you finished saying that, it’s too late
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