Judge rules schools can require masks while DeSantis appeals initial ruling

According to the judge, there will be no harm to the defendant if the stay is set aside, adding it will be for a short period until an appeals court rules. This essentially makes Gov. Ron DeSantis’ mask mandate null and void unless the State wins in appeals court.

Judge John C. Cooper says there’s no doubt that we’re in a pandemic, adding “We have children who can’t be protected by a vaccination.”

Cooper’s initial decision came after a three-day virtual hearing, and after at least 10 Florida school boards voted to defy the governor and impose mask requirements with no parental opt-out.

DeSantis had dismissed the masking recommendation of the Centers for Disease Control and Prevention as not applicable to Florida, but Cooper at the time cited numerous Florida laws and statutes covering health care in nursing homes, prisons and elsewhere that say state decision-makers should give great weight to CDC guidelines.

The defendant’s attorney argued this case is a model case for maintaining the stay because the judge made his decision based on a new statute (Parents Bill of Rights), which has only been on the books for a couple of months.

The plaintiffs argued that allowing for a stay will cause more sick and dead children, while vacating stay will save lives and have no negative impact on the defendants.

“Everybody has a part in it. And if a part, your part, all you can do is to try to wear a mask for 30 days, while we do contact tracing and extra testing and extra, you know, catching up on where we’re behind and making sure things are clean, and hands are washed and all that, then, everybody’s doing something,” said Gwyn Gittens, a board member of Lee County Schools Board.

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