Florida’s governor has announced his intent to appeal a decision by a Broward County judge. The challenge stems from a high school student wearing a mask depicting the face of President Trump. The governor’s attorney has asked the Florida court of appeals to stay the decision, saying that “there is not clear authority for this ruling.”
Florida’s governor is appealing a judge’s ruling that allows students in some public schools to be barred from wearing masks in class, despite the Trump administration’s appeal that the judge’s ruling is unconstitutional.
Florida’s school superintendents are in the national spotlight following the tragic school shooting in Broward County, Florida. Many of the school superintendents are making headlines for their demands that students be allowed to wear masks at school. One school superintendent, Robert Runcie, has even gone so far as to threaten to send home any child who refuses to wear a mask.. Read more about judge john cooper and let us know what you think.
The decision by Second Circuit Judge John Cooper, which takes effect immediately, means that the state of Florida must cease enforcing banning mask requirements, thus ending penalties against many school districts that have done so.
DeSantis, a Republican, issued an executive order in late July directing the Florida Department of Education and the Florida Department of Health to create emergency regulations allowing parents to choose whether or not to allow their children to wear masks in class. The state threatened to withdraw funds from districts that disobeyed the directive, which mandated that everyone wear masks.
Despite the governor’s opposition, 13 Florida school districts have now adopted a mask requirement without allowing parents to opt out.
Judge Cooper overturned DeSantis’ order two weeks ago, saying the governor went too far and lacked the power to prohibit school districts from enforcing mask requirements without a parent opt-out.
DeSantis filed an appeal, which resulted in an immediate halt to school mask requirements until a decision was determined.
That hiatus has finally come to an end. Judge Cooper ruled on Wednesday that there was not enough irreparable damage to overturn the automatic stay triggered by the appeal.
“It is undeniable that we are in the middle of a Covid epidemic in Florida. The state will suffer no damage if the stay is lifted, according to the evidence I’ve heard “Cooper said.
Cooper went on to say that based on expert testimony, the only option to safeguard children who are unable to be vaccinated is to keep them at home, which would be harmful.
“It’s undeniable that the Delta variation is much more contagious than the previous version of the virus, and that youngsters are more vulnerable to the Delta variant than they were a year ago,” Cooper said.
“Vaccination is not possible for children under the age of 12. As a result, there are just a few options for protecting them against the virus: remain at home or wear a mask.”
According to the data, young kids “arguably have no option to prevent this, except to remain at home and isolate themselves,” according to Cooper.
Cooper said, “I believe everyone agrees, that’s not healthy for them.”
The matter will now be heard by the Court of Appeal for the First District.
“They’ll carefully examine all of the reasons and make a judgment,” Cooper said. “It may or may not wind up in front of the Florida Supreme Court.”
Prior to Cooper’s decision, Gov. DeSantis said that he is “quite optimistic” that his statewide prohibition on mask requirements would be upheld in court.
“What we’ve seen is that when there’s a political component to a case in Tallahassee’s trial courts, both state and federal, we usually lose. However, we nearly always win in appeals court “When questioned about the hearing on Wednesday, DeSantis replied. “As a result, I don’t believe (the judge) will remove the stay… but if it is, I am sure that it will be restored at the 11th Circuit.”
DeSantis spoke from Palm Coast at an event advocating monoclonal antibody therapy as a way to reduce Covid-19 infection-related severe illness and mortality.
Eric Levenson of CNN contributed to this story.
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