Florida school masks: Judge rules against DeSantis, says schools can require face coverings - The Washington Post

A Florida judge on Wednesday ruled against Gov. Ron DeSantis’s administration for a second time over school mask mandates, allowing school boards to require that students wear face coverings.

Leon County Circuit Judge John C. Cooper again sided with parents who said an executive order from DeSantis (R) overstepped the state’s authority in restricting school districts from requiring masks.

“We have a variant that’s more infectious and more dangerous to children than the one we had last year,” Cooper said when issuing his ruling. “We’re in a non-disputed pandemic situation with threats to young children who, at least based on the evidence, have no way to avoid this unless to stay home and isolate themselves. I think everybody agrees that’s not good for them.”

School districts in Florida reopened for full in-person learning last month, just as a surge in the delta variant of the coronavirus hit the state, causing more cases, hospitalizations, and deaths on a daily basis than during any other point in the pandemic.

DeSantis signed an executive order on July 30 that said that “masking children may lead to negative health and societal ramifications” and that parents should be able to decide whether their children wear them. The order cited legislation DeSantis signed into law in June, the Parents Bill of Rights.

About a dozen districts have defied the order and put mask mandates in place for students. DeSantis threatened to withhold the salaries of school board members who approved the mandates. That’s when a group of parents sued.

Cooper initially ruled in favor of the parents on Aug. 27. The DeSantis administration appealed, which temporarily allowed his Department of Education to enforce the no-mask-mandate order.

But Cooper’s ruling Wednesday leaves school districts in Florida free to require students to wear masks.

The state plans to file an emergency motion to reinstate the stay Wednesday, said Taryn Fenske, communications director for DeSantis’s office.

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