Judge throws out Gov. Ron DeSantis' ban on mask mandates in Florida schools

TALLAHASSEE, Fla. – Gov. Ron DeSantis’ ban on mandatory masks at schools was thrown out Friday by a judge who ruled that the governor overreached his authority, misinterpreted state law and ignored scientific evidence in issuing his order.

Before the school year started, DeSantis demanded that counties allow parents to opt out of mask requirements for their children. Circuit Judge John Cooper ruled that school boards are empowered to mandate that all students wear face coverings, unless they obtain a medical exception.

The judge said DeSantis was wrong in determining that the state’s “Parents’ Bill of Rights” – the provision on which he based his order – prohibited school districts from enacting rules on masks.

“This statute does not support a statewide order or any action interfering with the constitutional authority of local school districts to provide for the safety and health of students based on the unique facts on the ground in a particular county,” Cooper said, explaining his ruling over more than two hours in a Zoom court hearing Friday.

“The law of Florida does not permit the defendants to punish school boards for adopting a face mask mandate,” he said, and the Parents Bill of Rights actually allows policies such as mandatory face coverings to improve school safety.

Cooper’s ruling followed a trial that stretched into four days, stemming from a lawsuit challenging DeSantis’ order. The governor said Thursday he would appeal the decision if it went against his order.

Cooper said DeSantis' policy clashed with the “gold standard” for public health, the Centers for Disease Control and Prevention, which calls for everyone in K-12 schools to wear a mask regardless of their vaccination status.

The CDC’s recommendation came as the virulent delta variant of the coronavirus infected millions across the globe, regardless of age. A roundtable DeSantis organized in July before he issued his mandatory mask ban featured a psychologist calling face coverings “child abuse.” Cooper said scientific research into the benefits of masks at schools was misinterpreted.

Parents from a half-dozen Florida counties sued the governor saying his ban violated the state constitution, which not only requires a “safe” public school system but also gives boards the power to operate, control and supervise schools within their districts.

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The lawsuit by parents from Miami-Dade, Broward, Palm Beach, Hillsborough, Pinellas and Alachua counties argued that DeSantis “wrongfully assumes that state authorities can better determine the local health risks and educational needs of students and teachers.”

A Quinnipiac University poll of Florida voters released this week shows 51% disapprove of the governor’s response to COVID-19, and 46% support it. His handling of public schools drew a similar response: 51% of poll responders disapprove, and 44% approve.

DeSantis wants decisions on mask wearing left to parents. Ten Florida counties, including Orange and Indian River whose school boards took action Tuesday while the trial was ongoing, mandate masks except for students who present a doctor’s note.

Other counties skirting DeSantis’ rule are Alachua, Duval, Sarasota, Leon, Broward, Palm Beach, Miami-Dade and Hillsborough. Together, they represent more than half the 2.9 million schoolchildren in Florida.

The state’s Board of Education threatened to withhold the pay of superintendents and school boards in counties that don’t follow the governor’s policy.

Florida averaged 22,556 COVID-19 cases a day for the past week, among the highest levels seen during the pandemic. The state population is 52% vaccinated, and more than 17,000 Floridians are hospitalized because of COVID-19.

John Kennedy is a reporter in the USA TODAY Network’s Florida Capital Bureau. He can be reached at jkennedy2@gannett.com, or on Twitter at @JKennedyReport

This article originally appeared on Sarasota Herald-Tribune: Gov. Ron DeSantis' mandatory mask ban in Florida overturned by judge