Judge Overrules Ron DeSantis' Mask Mandate Ban, Says Governor Overstepped His Authority

A judge overruled Florida Governor Ron DeSantis' executive order banning mask mandates imposed by schools on Friday, saying the governor overstepped his authority by issuing the order.

DeSantis' executive order left the decision up to a child's parents to choose whether they should wear a mask or not while attending school amid the COVID-19 pandemic. Leon County Circuit Judge John C. Cooper sided with parents who filed a lawsuit, claiming the order was unconstitutional.

Cooper said the mask mandate ban was "without legal authority" at the conclusion of a three-day hearing and after at least 10 Florida school boards voted to go against DeSantis' order.

Although DeSantis and others on his side argued a new Florida law gives parents total authority to make health-related decisions for their children, Cooper pointed out that there are exemptions to that law when it involves protecting the public's health. In the matter of schools imposing mask mandates to curb COVID-19 from spreading, Cooper said it qualifies for being exempt from the new law.

For more reporting from the Associated Press, see below.

Florida Gov. Ron DeSantis
A judge overruled Florida Governor Ron DeSantis' executive order banning mask mandates imposed by schools. Above, DeSantis speaks at the Grand Beach Hotel Surfside on August 10, in Surfside, Florida. Joe Raedle/Getty Images

The new Florida law exempts government actions that are needed to protect public health and are reasonable and limited in scope.

The judge also noted that two Florida Supreme Court decisions from 1914 and 1939 found that individual rights are limited by their impact on the rights of others. For example, he said, adults have the right to drink alcohol but not to drive drunk. There is a right to free speech, but not to harass or threaten others or yell "fire" in a crowded theater, he said.

"We don't have that right because exercising the right in that way is harmful or potentially harmful to other people," Cooper said. He added that the law "is full of examples of rights that are limited (when) the good of others…would be adversely affected by those rights."

DeSantis has dismissed the masking recommendation of the Centers for Disease Control and Prevention as not applicable to Florida, but Cooper cited numerous Florida laws and statutes covering health care in nursing homes, prisons and elsewhere that say state decision-makers should give great weight to CDC guidelines.

The school districts that have defied Santis' order represent slightly more than half of the 2.8 million Florida public school students enrolled this year. DeSantis, a Republican who is eyeing a possible presidential run in 2024, had threatened to impose financial penalties on school boards that vote for strict mask mandates. Democratic President Joe Biden has said if that happens, federal money will be used to cover any costs.

Orange County, home to the city of Orlando and Disney World, on Tuesday became the latest large district to impose a mask mandate after positive tests for COVID-19 disrupted classes. Through Tuesday, the district reported 1,968 positive cases among students since school began, with 1,491 people under active quarantine, according to the district's dashboard.

In Fort Lauderdale on Tuesday, the Broward County School Board told the Department of Education that it won't back down on its requirement that students wear masks. Its policy, like that of most other districts, gives parents a medical opt-out for students. The board said giving parents the unlimited right to send their kids to school without a mask would infringe on the rights of other parents who want their children to be safe.

The state had given Broward and Alachua counties until Tuesday to end their mask mandates. Broward's students began school a week ago with a mask policy in place.

"We believe that the district is in compliance. We don't believe that we have done anything inappropriate as it relates to the executive order and the rule of the Department of Education," Rosalind Osgood, chairwoman of the Broward School Board, said Tuesday.

The highly contagious Delta variant led to an acceleration in cases around Florida and record high hospitalizations just as schools prepared to reopen classrooms this month. By mid-August, more than 21,000 new cases were being added per day, compared with about 8,500 a month earlier. The state said 16,820 people were hospitalized on Tuesday, down from a record of more than 17,000 last week.

About 6 in 10 Americans say students and teachers should be required to wear face masks while in school, according to a poll conducted this month by The Associated Press-NORC Center for Public Affairs Research.

Florida Gov. Ron DeSantis
Florida Governor Ron DeSantis mask mandate bad was overruled by a judge on Friday. Above, DeSantis speaks at the opening of a monoclonal antibody site on August 18, in Pembroke Pines, Florida. Marta Lavandier/AP Photo