Florida Court Sides with DeSantis, Lifts Pause on Mask Mandates for Public Schools

A Florida court has sided with Republican Governor Ron DeSantis and ended the pause on the state’s school mask mandate ban. Breaking Friday, the First District Court of Appeals handed down the decision, placing Governor DeSantis’ measure temporarily back in effect, making Florida public schools unable to enforce mandates requiring students wear masks at school.

The ruling grants the State of Florida’s request to reinstate the stay, which had been “lifted by Judge John Cooper’s Wednesday decision, which briefly permitted public schools to reimpose mask mandates, rejecting Florida governor Ron DeSantis’s previous appeal” reports National Review.

Cooper asserted on Wednesday that “it’s undisputed that in Florida we are in the midst of a COVID pandemic. Based on the evidence I’ve heard, there’s no harm to the state if the stay is set aside.”

Governor DeSantis signed an executive order in July placing the ban on mask mandates. DeSantis acknowledged the decision should be at the discretion of the parents rather than school administrators. DeSantis threatened to revoke salaries and funding from schools as a punishment for violating his ban.

The new ruling will likely remain in place until the appellate court can issue a final ruling on the case. “Given the presumption against vacating the automatic stay, the stay should have been left in place pending appellate review. Accordingly, we grant the appellants’ motion, quash the trial court’s order vacating the automatic stay, and reinstate the stay required by Florida Rule of Appellate Procedure 9.310(b)(2),” the order reads.

Judge Cooper’s preliminary decision said DeSantis overstepped his authority; his original opinion stated that Florida 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.”