DeSantis Ban On School Mask Mandates Allowed By Court

FLORIDA — A state court's decision Friday to reinstate Florida Gov. Ron DeSantis' executive order preventing school districts from mandating masks has put 13 Florida school districts in legal limbo.

Just one day after a state judge ruled against DeSantis' executive order giving parents a choice of masking their children, Florida's 1st District Court of Appeals reversed the ruling. The court's decision removes the stay on Tallahassee Circuit Court Judge John Cooper's ruling allowing school districts to require masks.

The ruling also comes a day after one Florida school district extended its mask mandate an additional 30 days.

At its meeting Thursday, the Hillsborough County School Board voted to continue requiring students and teachers to wear masks after data showed the number of coronavirus cases fell dramatically after the mask mandate was instituted.

Hillsborough is among 13 Florida counties that have decided to mandate masks in schools due to surging coronavirus rates. Students can only be excused from the mandate with a signed doctor's consent.

Alachua, Broward, Miami-Dade, Orange and Palm Beach counties have passed similar mandates that defy the executive order issued by the governor Aug. 8, explicitly preventing mask mandates.

DeSantis has stated that any counties that go against his executive order could lose federal coronavirus recovery funds and school board members could have their pay docked or be removed from office.

A group of parents sued the state after DeSantis issued his executive order, and Cooper ruled in their favor, concluding that the state cannot prevent school districts from mandating masks due to public health concerns.

In response, DeSantis appealed the court's ruling and asked for a stay until the issue makes its way through the appeals process.

Friday afternoon's ruling upholds that stay, essentially preventing school districts from requiring face coverings.

There has been no reaction from the school districts yet on Friday's decision.

DeSantis' response came in the form of two sentences on his Facebook page: "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," he said.

Patch will provide updates as soon as they are available.

See related stories:

• 30 More Days Of Masks Required At Hillsborough County Schools
• DeSantis' Mask Mandate Ban Struck Down For 2nd Time: Reports