A Florida appeals court reinstated a stay on mask mandates in schools on Friday, disallowing institutions to require masks for students and staff, court records show.
In a struggle between the state and parents as some school districts want to require students to wear masks to curb the spread of COVID-19, the First District Court of Appeal in Tallahassee ruled in favor of Gov. Ron DeSantis‘s emergency appeal. This comes days after a judge ruled Wednesday that Florida must stop enforcing a mask ban.
“Just like last year in the school re-opening litigation, the First District Court of Appeal has reinstated Florida’s ability to protect the freedom for parents to make the best decisions for their children while they make their own ruling on the appeal,” said Taryn Fenske, communications director for DeSantis, in a statement to the Washington Examiner. “We look forward to winning the appeal and will continue to fight for parents’ rights.”
FLORIDA JUDGE ALLOWS MASK MANDATES DESPITE DESANTIS’S EXECUTIVE ORDER
Charles Gallagher, the lead attorney for the group of parents, said they would take the fight to the Florida Supreme Court.
“We are disappointed by the ruling and will be seeking pass-through jurisdiction of the Supreme Court of Florida. With a stay in place, students, parents, and teachers are back in harm’s way,” Gallagher said.
Second Circuit Judge John Cooper ruled against DeSantis on Aug. 27, allowing Florida schools to institute mask mandates while the case was appealed at a higher level.
Cooper’s ruling stated the Republican governor overreached when he issued an executive order in late July ordering the Florida Department of Education and the state health department to issue emergency measures allowing parents to choose whether their children should wear a mask in schools.
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Last month, Desantis threatened to withhold salaries of school officials who resisted his anti-mask rule. The threat was met with President Joe Biden, who promised to fund schools that would defy the governor’s executive order.
