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Judge blocks DeSantis from banning school mask mandates
The Hill ^ | August 27, 2021 | NATHANIEL WEIXEL

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 ...


TOPICS: News/Current Events; US: Florida
KEYWORDS: childabusers; desantis; education; florida; inconceivable; johncooper; leoncountycircuit; masks; meninblack; parentsrights
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1 posted on 08/27/2021 12:29:08 PM PDT by conservative98
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To: conservative98

Ignore the judge.


2 posted on 08/27/2021 12:31:47 PM PDT by laplata
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To: conservative98

Remind me why we don’t attend public school.


3 posted on 08/27/2021 12:34:11 PM PDT by aspasia
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To: conservative98
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.

Er, does he mean that the Parents' Bill of Rights? Or does it say "the School District's Bill of Rights"?

Also, what does a circuit judge have to say about the Governor's authority?

4 posted on 08/27/2021 12:34:26 PM PDT by SamuraiScot
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To: conservative98

A circuit judge can override a state governor E.O.?

Hmmm


5 posted on 08/27/2021 12:34:42 PM PDT by V_TWIN
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To: laplata

Judges are like roaches and rats. The Democrats know where they are when they need one. Our side must abide. Theirs’ does whatever they want.


6 posted on 08/27/2021 12:34:51 PM PDT by Luke21
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To: conservative98
So the judge quoted "parents' rights" when saying the school's can be allowed to mandate masks that the parents might want to be optional.

That makes about as much sense as a Georgia fan bragging about the past 40 years' worth of national championships.

7 posted on 08/27/2021 12:35:13 PM PDT by Tell It Right (1st Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: Tell It Right

LOL...


8 posted on 08/27/2021 12:37:09 PM PDT by EEGator
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To: conservative98

Can’t find the political party of the judge.


9 posted on 08/27/2021 12:37:59 PM PDT by qaz123
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To: laplata

This is odd. I wondered about the definition of “arbitrary and capricious”

Opened my dictionary, and behold, Leon County Circuit Judge John Cooper

Doing the “judging by the law” stuff is simple once you know the rules. Bit of hand waving, say it is “by definition”, voila.


10 posted on 08/27/2021 12:38:00 PM PDT by Cboldt
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To: qaz123

But Leon County seems to be 2 to 1 in favor do the Dems.


11 posted on 08/27/2021 12:38:44 PM PDT by qaz123
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To: conservative98

I watched the judge’s verdict. It went on for more than two hours. By the end, I had no idea what the hell he was talking about. He is a devout leftist (to get elected in Leon County that’s table stakes) so we will see where this goes. State rep., Anthony Sabatini, is calling for an emergency meeting of the legislature to pass a law directly banning all mask mandates. It’s the only way this is going to pass the judge shopping that the left is notorious for.


12 posted on 08/27/2021 12:39:05 PM PDT by Mase (Save me from the people who would save me from myself!)
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To: aspasia

Probably cause your ancient


13 posted on 08/27/2021 12:40:09 PM PDT by Bell Bouy II
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To: conservative98; JulieRNR21; Travis McGee; AAABEST; kinganamort; katherineisgreat; floriduh voter; ..
I don't know what the next step might be after this. I supposed DeSantis and the GOP can just ignore this ruling, since that seems to be A-OK for the lefties whenever they don't like something.

Florida Freeper

I'm compiling a list of FReepers interested in Florida-related topics.
If you want to be added, please FReepMail me.

14 posted on 08/27/2021 12:43:17 PM PDT by Joe Brower ("Might we not live in a nobler dream than this?" -- John Ruskin)
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To: laplata
“Ignore the judge.”

The Governor can ignore the judge's order, but the judge’s order will allow school districts to ignore the Governor’s order.

It seems the net result is a victory for those opposing DeSantis.

15 posted on 08/27/2021 12:43:59 PM PDT by daler
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To: laplata

If the Biden administration can ignore Federal laws, and Supreme Court rulings, then DeSantis can ignore that judge.


16 posted on 08/27/2021 12:44:38 PM PDT by odawg
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To: conservative98

As soon as the Biden administration starts obeying judges orders for Remain in Mexico and Eviction moratorium, then maybe DeSantis will listen.


17 posted on 08/27/2021 12:48:37 PM PDT by cyclotic (Live your life in such a way that they hate you as much as they hated Rush Limbaugh)
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To: conservative98
So, let me see if I've got this straight:

Forcing people to wear masks: constitutional
Prohibiting forcing people to wear masks: unconstitutional

Riiiiight.

18 posted on 08/27/2021 12:49:57 PM PDT by Sicon ("All animals are equal, but some animals are more equal than others." - G. Orwell)
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To: conservative98
"Parents' rights are very important, but they are not without some reasonable limitations."

Gotta love libtard speak. They think they own children as government property.

19 posted on 08/27/2021 12:51:18 PM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: conservative98
Dear Florida Senate,

Remove this judge!

20 posted on 08/27/2021 12:54:57 PM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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