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Judge: DeSantis Overstepped Authority on Mask Mandates

Florida judge says school districts can impose them
By Newser Editors and Wire Services
Posted Aug 27, 2021 12:35 PM CDT
Judge: DeSantis Overstepped Authority on Mask Mandates
Florida Governor Ron DeSantis.   (Joe Burbank/Orlando Sentinel via AP)

(Newser) – School districts in Florida may impose mask mandates, a judge said Friday, ruling that Gov. Ron DeSantis overstepped his authority by issuing an executive order banning the mandates, per the AP. Leon County Circuit Judge John C. Cooper agreed with a group of parents who claimed in a lawsuit that DeSantis' order is unconstitutional and cannot be enforced. The governor's order gave parents the sole right to decide if their child wears a mask at school. Cooper said DeSantis’ order “is without legal authority.” His decision came after a three-day virtual hearing, and after at least 10 Florida school boards voted to defy DeSantis and impose mask requirements with no parental opt-out.

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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. DeSantis has dismissed the masking recommendation of the Centers for Disease Control and Prevention as not applicable to Florida, but Cooper 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. (Read more Ron DeSantis stories.)

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