Posted on 08/27/2021 12:29:08 PM PDT by conservative98
School districts in Florida will be allowed to impose mask requirements after a district judge on Friday blocked an executive order from Florida Gov. Ron DeSantis (R) banning the mandates.
Leon County Circuit Judge John Cooper ruled in favor of a group of parents who sued DeSantis over his executive order, arguing it was unconstitutional. He ruled the order is "without legal authority" and is by definition "arbitrary" and "capricious."
Cooper issued an injunction stopping the Department of Education from taking any action against local districts that require masks in schools without a parental opt-out.
Cooper said the state's new "Parents' Bill of Rights" does not allow the governor or the Department of Education to prohibit school districts from mandating masks.
"The law expressly permits school boards to adopt policies regarding the health care of students, such as a mask mandate, even if a parent disagrees," Cooper said. "Parents' rights are very important, but they are not without some reasonable limitations."
DeSantis previously said he would appeal if the ruling was not in his favor.
(Excerpt) Read more at thehill.com ...
Can go to the state supreme court
” He ruled the order is “without legal authority” and is by definition “arbitrary” and “capricious.”
There are over 35 studies showing that the masks are harmful.
That is not “arbitrary and capricious”.
The school districts were not parties in this case. The plaintiffs were parents and the defendant was the state.
More school districts in Florida are against mask mandates than not. The Gov. has more people on his side.
I agree.
There ya go. Legislate from the bench.
Nope. And this judge, like many, is “legislating by the bench”.
Most of those school districts will side with the governor, IMO.
And there’s that.
When I see headlines and decisions like that I think I’d just like confirmation of my initial thoughts. Democrat or appointed by all the usual suspects
You’re right. And it’s Legislating From The Bench.
The SCOFLA!
Thanks to this bunch, I learned that law is whim of judges. Totally lost respect, gained healthy realism. But hey, it's a great way to make a buck! Still, I'm not going to buy any of that "rule of law" platitude. Sell it to a rube.
J.D. w/honors.
Classroom ionizers, filters and improved ventilation would help prevent COVID spread in classrooms MORE than mandatory masks - masks kids don’t know how to wear (even if they were that effective).
And yes, these measures will cost more - money that can be raised by downsizing the number of administrators bloating any school system.
The judge is wrong. DeSantis needs to appeal this. The governor does have the right and authority to ban the mandates. It is by no means overbroad and is in line with parental rights guaranteed by the Fl Constitution.
“The law expressly permits school boards to adopt policies regarding the health care of students, such as a mask mandate, even if a parent disagrees,”
Which law would that be? It sure is not part of the “Parents’ Bill of Rights.”
What about most of the state agrees with DeSantis?
Ah, yes. Liberal ol’ Leon County, home of Tallahassee. I’m certain that the attorney for these parents was careful to judge-shop for their case.
So a Governor can order everone must mask.
But a Governor can not order that school under him can not order everone must mask.
“State rep., Anthony Sabatini, is calling for an emergency meeting of the legislature to pass a law directly banning all mask mandates”
God, I love that guy. Worth watching. He’s got steel ones.
“In legalese parlance it is called : “ Judge Shopping “.”
Yeah. Tallahassee is a lib hotbed surrounding our State Capitol. Lots of special interst groups and lobbyists all around, lots of cash. No doubt filed theee on purpose, with a libtard army of woke lawyers helping.
This won’t stand, mark my words. Desantis and the legislature here don’t mess around. They are steamrolling all things lib. In 5 weeks, I’ll bet there will be a new law, banning mask mandates in schools.
Well, school districts can choose whether to obey the governor or obey a judge. It's just that the governor can arrange to pull all of said district's state funding, so they need to choose wisely...
<>J.D. w/honors. I learned that law is whim of judges.<>
Yikes. Our republic is screwed.
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