Florida appeals court rules in favor of DeSantis allowing his ban on mask mandates in school to stand.
Florida’s 1st District Court on Friday reinstated a stay on mask mandates in schools, blocking local school requirements for now, court documents show. DeSantis had requested a stay after Judge John Cooper ruled that the state could not impose penalties on local officials and educators who refused to comply with the ban on mask mandates.
DeSantis can now punish districts that do not comply with his order while the case works its way through the court system. “Upon our review of the trial court’s final judgment and the operative pleadings, we have serious doubts about standing, jurisdiction, and other threshold matters,” Friday’s ruling said. “These doubts significantly militate against vacating the automatic stay, the stay should have been left in place pending appellate review.”
DeSantis Tweeted the following in reaction to the result “No surprise here – the 1st DCA has restored the right of parents to make the best decisions for their children. I will continue to fight for parents’ rights.”
“We are disappointed by the ruling and will be seeking pass-through jurisdiction of the Supreme Court of Florida. With a stay in place, students, parents and teachers are back in harm’s way,” said attorney Charles Gallagher, who is representing a group of parents suing the state, according to the Miami Herald.