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Florida fights to block deposition of its own surgeon general in school mask legal battle
The Miami Herald ^ | September 16, 2021 | JIM SAUNDERS

Posted on 09/16/2021 4:00:38 PM PDT by American Number 181269513

Attorneys for the Florida Department of Health, school boards and parties such as the NAACP battled Thursday about whether Surgeon General Scott Rivkees should give a deposition in a legal fight over the state’s efforts to prevent school mask mandates.

Administrative Law Judge Brian Newman held a nearly hour-long hearing as the department seeks a protective order to block Rivkees from having to testify in challenges to an Aug. 6 rule issued by the health agency. The rule required that parents be able to “opt out” their children from any school mask mandates during the COVID-19 pandemic.

School boards in Broward, Alachua, Orange, Miami-Dade and Leon counties and other parties, including the Florida State Conference of the NAACP, have challenged the rule. Their attorneys want to question Rivkees, who, as surgeon general, heads the Department of Health and signed the rule.

At least in part, they contend that the effort to prevent mask requirements in schools conflicts with past statements by Rivkees about masks helping curb the spread of COVID-19.

“It matters what the surgeon general was thinking in this case,” David Ashburn, an attorney for the school boards in Broward, Alachua and Orange counties. But Ed Lombard, an attorney for the Department of Health, focused on a protection — known in the legal world as the “apex doctrine” — that generally shields high-ranking government officials from having to give depositions if information can be obtained from other sources.

“They (attorneys for the challengers) have means to ascertain the information they want,” Lombard said. “It’s not the surgeon general they need to start with.”

(Excerpt) Read more at miamiherald.com ...


TOPICS: News/Current Events
KEYWORDS: florida; masks

1 posted on 09/16/2021 4:00:38 PM PDT by American Number 181269513
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To: American Number 181269513

Censorship destroys trust.


2 posted on 09/16/2021 4:06:23 PM PDT by TheDon (Resist the usurpers)
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To: American Number 181269513

They should make a rule that all masks must be black. That way the NAACLP would be arguing that everyone must wear blackface.


3 posted on 09/16/2021 4:15:07 PM PDT by FlipWilson
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To: American Number 181269513

But it didn’t bother them when Fauci did the same thing.


4 posted on 09/16/2021 4:29:22 PM PDT by Lake Living
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To: American Number 181269513

In regard to masks, HCQ and Ivermectin, Big Pharma is using our own drug mandate laws against the American people and it is costing thousands of lives.


5 posted on 09/16/2021 4:34:43 PM PDT by chopperk
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