Administration Updates / Coronavirus / Government Watch / Politics

Federal Judge Sides With DeSantis on Mask Mandate Ban

federal

On Sept. 15, a Miami federal judge handed Florida Gov. Ron DeSantis a victory when he ruled against the parents of students with disabilities in a lawsuit over public school mask mandates.

Twelve parents from eight Florida school districts whose children have special needs sued the governor and the Florida Department of Education (FDOE) over a DeSantis executive order (pdf) that allows parents to opt-out of student face coverings. The school boards of the Alachua, Broward, Hillsborough, Orange, Palm Beach, Pasco, Miami-Dade, and Volusia school districts were also named in the suit for implementing the governor’s order. The federal suit argued that their children were at elevated risk of becoming ill or dying from COVID-19 if other children came to school without facial coverings.

In Judge K. Michael Moore’s decision, he denied the parents’ request for a preliminary injunction against the July-issued executive order, which was the catalyst for the Florida Department of Health to issue a rule (pdf) requiring school districts to allow parents to opt-out of any student mask mandates. Thus far, 13 school districts have defied the governor’s order. Two counties, Broward and Alachua, have been fined for non-compliance, while others are under investigation by FDOE.

Moore found that the parents hadn’t exhausted all “remedies” at their respective schools to accommodate their children’s needs before bringing a lawsuit.

One of the attorneys for the parents, Matthew Dietz, said he isn’t sure if an appeal will be filed and hoped that the Biden administration would step in and bring forth some sort of remedy instead.

“We are disappointed in the decision of the court and are evaluating our options at this point,” Dietz said in an emailed statement. “We would hope and expect federal education officials and the U.S. Department of Justice will weigh in on the rights of children with disabilities to be safely integrated into their local schools.”

Recently, the U.S. Department of Education announced a grant program that provides funding for school districts in Florida (and elsewhere) that lose money for issuing “anti-coronavirus practices,” such as mask mandates. State officials were warned by the federal agency that they would be investigating whether the state’s ban on mask mandates violates federal civil rights laws that protect students with disabilities.

In the past, DeSantis has insisted that the new Parents Bill of Rights law gives parents the authority to decide whether their children should wear face coverings to school.

The offices of the governor and the FDOE didn’t respond to requests for comment by press time.

Reprinted with Permission from - The Epoch Times by - Jannis Falkenstern

We hope you've enjoyed this article. While you're here, we have a small favor to ask...

As we prepare for what promises to be a pivotal year for America, we're asking you to consider a gift to help fund our journalism and advocacy.

The need for fact-based reporting that offers real solutions and stops the spread of misinformation has never been greater. Now more than ever, journalism and our first amendment rights are under fire. That's why AMAC is passionately working to increase the number of real news articles we deliver WEEKLY, while continuing to strengthen our presence on Capitol Hill.

AMAC Action, a 501 (C)(4), advocates to protect American values, free speech, the exercise of religion, equality of opportunity, sanctity of life, the rule of law, and love of family.

Thank you for putting your faith in AMAC!

Donate Now

If You Enjoy Articles Like This - Subscribe to the AMAC Daily Newsletter
and Download the AMAC News App

Sign Up Today Download

If You Enjoy Articles Like This - Subscribe to the AMAC Daily Newsletter!

Sign Up Today
Read more articles by Outside Contributor
Subscribe
Notify of
7 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments
LindaAnn
1 month ago

Masks are not scientific and very unhealthy, just another big lie. Students get a covid cold, but your child is not protected by wearing a mask. So home school or let others have their freedom to choose.

ASC
1 month ago

Wear a mask if you feel they protect you, but leave others to make that choice!
If people want mask mandates, move to Australia if you want that kind of totalitarianism!!! Bad enough we have a wanna be dictator trying to take away our freedoms!
Pay attention to what the left is doing? Having LARGE gatherings, mask less and no social distancing??? A mountain has been created out of a molehill, it’s time to get back to some semblance of normalcy! ❤️????????

schnu
1 month ago

They need a “mask officer” in the schools that demand a mask. Each one should be inspected to determine that it is rated to stop a virus. If not, send that child home. Same for staff. I keep saying it, one more time – masks do not stop a virus, masks do not stop a virus, masks do not stop a virus UNLESS SPECIFICALLY RATED TO DO SO. Otherwise what’s the point. Now let’s talk about the other aspect of those rated to do so. How long does one of those type last? One day? 4 hours? How long??? get over it and get rid of them

Sandi P
29 days ago
Reply to  schnu

No they most certainly dont, let kids breathe these masks cause respiratory issues and more.

Anthony Smith
1 month ago

This is an asinine argument. If you believe wearing a thin piece of paper or cloth that leaks “like a sift” is going to protect your child then feel free to make them wear it, but the rest should not be forced to do the same.

Old beotch
1 month ago

What part of “masks don’t work” do these parents not understand? Plus if your child has an elevated health risk, why would you expose them to any health risk at all? 98% of masks only filter 3 microns or larger…Covid is 1 micron. 98% survival rate, this isn’t about the virus!!!

Gofukk Urself
1 month ago

When is this mask hand wringing going to fizzle. Either you’re going to get COVID or you’re not. The friggin leaky face diapers will do not to alter the outcome either way.

7
0
Would love your thoughts, please comment.x
()
x