A Florida judge ruled against Governor Ron DeSantis on Wednesday, paving the way for school districts in the state to implement mask mandates without fear of reprisal. But the issue isn’t settled. The conservative 1st District Court of Appeal in Tallahassee will soon consider an appeal and the case will likely travel all the way to the Florida Supreme Court.
Wednesday’s development comes after convoluted legal maneuvering. Last month, Second Circuit Judge John Cooper found that DeSantis lacked the authority to ban compulsory mask mandates in schools.
DeSantis immediately appealed the ruling, which triggered an automatic stay – or suspension – of Cooper’s decision until a higher court could take up the case.
On Wednesday, Cooper lifted that stay, explaining “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.”
“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,” he added.
Bay 9 News explains the implications of Cooper’s ruling: “Right now the state is withholding funding from two school districts, Alachua and Broward counties, and investigating several others. But Cooper’s decision to lift the stay means that can’t happen anymore.”
A spokesperson for DeSantis responded to the news by promising more legal wrangling: “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.”
