A judge in Florida ruled against Republican Gov. Ron DeSantis‘ appeal, allowing state schools to resume mask mandates and removing an automatic stay from the previous order while the case is appealed at a higher level.
Leon County Second Circuit Judge John Cooper made the decision Wednesday, meaning the state must immediately stop the enforcement of a pandemic-related ban that blocked institutions from requiring masks in certain settings.
“It’s undisputed that in Florida we are in the midst of a COVID pandemic. Based on the evidence I’ve heard, there’s no harm to the state if the stay is set aside,” Cooper said.
As a result, the sanctions DeSantis imposed against several districts that went against his July 30 executive order barring mask mandates will come to an end.
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The governor previously appealed Cooper’s earlier ruling arguing DeSantis overreached and did not have the authority to block school districts from implementing mask mandates without a parent opt-out choice.
“It’s undisputed that the delta variant is far more infectious than the prior version of the virus and that children are more susceptible to the delta variant than to the form from a year ago,” Cooper said. “In particular, for children under 12, they cannot be vaccinated. Therefore, there’s really only one or two means to protect them against the virus as either stay at home or mask.”
As Cooper delivered his ruling on Wednesday, DeSantis told reporters at a press conference in Palm Coast that he suspected the judge would keep the stay order, according to local NBC affiliate WFLA-TV.
However, a spokesperson for the governor told the outlet that the decision was “no surprise,” adding, “Today we plan to file our emergency motion to reinstate the stay, and we anticipate the appellate court will rule quickly, much like during the school re-opening case last year.”
Removing the stay will keep Cooper’s previous written order, which was verbally stated on Aug. 27 but formalized on Sept. 2, in effect.
Cooper said the order would not take effect until the written copy was published.
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The Washington Examiner contacted Florida’s Second Judicial Court and the governor’s office but did not immediately receive a response.
