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Source: News4Jax
Tallahassee circuit judge rules against Gov. DeSantis, Board of Education
By Joe McLean | August 27, 2021
TALLAHASSEE, Fla. – Circuit Judge John Cooper concluded a lengthy explanation of Florida law and previous court cases Friday morning before announcing that Florida law does not allow the state to enforce a ban on mask mandates against school districts that have implemented them to fight COVID-19.
Source: News4Jax
Tallahassee circuit judge rules against Gov. DeSantis, Board of Education
By Joe McLean | August 27, 2021
TALLAHASSEE, Fla. – Circuit Judge John Cooper concluded a lengthy explanation of Florida law and previous court cases Friday morning before announcing that Florida law does not allow the state to enforce a ban on mask mandates against school districts that have implemented them to fight COVID-19.
"The law expressly permits school boards to adopt policies regarding the healthcare of students such as a face mask mandate even if a parent disagrees with that policy,” Cooper wrote.
The ruling came as coronavirus cases are increasing in schools across the state, prompting student quarantines by the thousands in some districts. Ten districts -- including Duval and Alachua counties -- have defied the governor's order, enacting mask mandates with exceptions only for medical reasons. Counties with such mask requirements now represent about half of Florida’s 2.8 million students.
After a three-day hearing, the Florida Second Judicial Circuit judge ruled that Gov. Ron DeSantis and the Board of Education's actions on mask mandates are "without legal authority" and are by definition "arbitrary" and "capricious."
Cooper said that while the governor and others have argued that a new Florida law gives parents the ultimate authority to oversee health issues for their children, it also exempts government actions that are needed to protect public health and are reasonable and limited in scope. He said a school district's decision to require student masking to prevent the spread of the virus falls within that exemption.
"I conclude that this evidence demonstrates that facemask policies that follow CDC guidance are, at this point in time, reasonable and consistent with the best scientific and medical and public opinion guidance at this time," Cooper said. "I am enforcing the bill passed by the Legislature and requiring that anyone who uses that bill has to follow all of the provisions, not some of the provisions."
The judge also noted that two Florida Supreme Court decisions from 1914 and 1939 found that individual rights are limited by their impact on the rights of others. For example, he said, adults have the right to drink alcohol but not to drive drunk. There is a right to free speech, but not to harass or threaten others or yell "fire" in a crowded theater, he said.
"We don't have that right because exercising the right in that way is harmful or potentially harmful to other people," Cooper said. He added that the law "is full of examples of rights that are limited (when) the good of others ... would be adversely affected by those rights."
Cooper issued an injunction barring the state Department of Education, Education Commissioner Richard Corcoran and the State Board of Education from enforcing DeSantis' order.
"I am not granting an injunction against the governor of Florida. I am granting an injunction against the other defendants who are the ones primarily involved in enforcement actions," Cooper said.
Please go to News4Jax to read more.
The ruling came as coronavirus cases are increasing in schools across the state, prompting student quarantines by the thousands in some districts. Ten districts -- including Duval and Alachua counties -- have defied the governor's order, enacting mask mandates with exceptions only for medical reasons. Counties with such mask requirements now represent about half of Florida’s 2.8 million students.
After a three-day hearing, the Florida Second Judicial Circuit judge ruled that Gov. Ron DeSantis and the Board of Education's actions on mask mandates are "without legal authority" and are by definition "arbitrary" and "capricious."
Cooper said that while the governor and others have argued that a new Florida law gives parents the ultimate authority to oversee health issues for their children, it also exempts government actions that are needed to protect public health and are reasonable and limited in scope. He said a school district's decision to require student masking to prevent the spread of the virus falls within that exemption.
"I conclude that this evidence demonstrates that facemask policies that follow CDC guidance are, at this point in time, reasonable and consistent with the best scientific and medical and public opinion guidance at this time," Cooper said. "I am enforcing the bill passed by the Legislature and requiring that anyone who uses that bill has to follow all of the provisions, not some of the provisions."
The judge also noted that two Florida Supreme Court decisions from 1914 and 1939 found that individual rights are limited by their impact on the rights of others. For example, he said, adults have the right to drink alcohol but not to drive drunk. There is a right to free speech, but not to harass or threaten others or yell "fire" in a crowded theater, he said.
"We don't have that right because exercising the right in that way is harmful or potentially harmful to other people," Cooper said. He added that the law "is full of examples of rights that are limited (when) the good of others ... would be adversely affected by those rights."
Cooper issued an injunction barring the state Department of Education, Education Commissioner Richard Corcoran and the State Board of Education from enforcing DeSantis' order.
"I am not granting an injunction against the governor of Florida. I am granting an injunction against the other defendants who are the ones primarily involved in enforcement actions," Cooper said.
Please go to News4Jax to read more.
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Here's another "judge," this time a Democrat:
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