Florida schools can mandate masks, judge rules
Judge says Governor Ron DeSantis overstepped authority
by banning face-covering requirements
Guardian
staff and agencies
Fri 27 Aug
2021 18.32 BST
https://www.theguardian.com/us-news/2021/aug/27/florida-schools-mask-mandates-judge
School districts
in Florida may impose mask mandates, a judge said Friday, ruling that the
state’s Republican governor, Ron DeSantis, overstepped his authority by issuing
an executive order banning the mandates.
The Leon
county circuit judge John Cooper agreed with a group of parents who claimed in
a lawsuit that DeSantis’ order is unconstitutional and cannot be enforced.
The news
came as it emerged that some Florida districts are asking the public to
conserve water to keep hospitals provided with all the liquid oxygen they need
to help Covid patients breathe, as well as utilities which need it for water
processing.
The
governor’s order gave parents the sole right to decide if their child wears a
mask at school. Cooper said DeSantis’ order “is without legal authority”.
He issued
his decision after a three-day virtual hearing, and after at least 10 Florida
school boards voted to defy DeSantis and impose mask requirements with no
parental opt-out.
Cooper said
that while the governor and others have argued that a new Florida law gives
parents the ultimate authority to make health decisions for their children, it
also exempts government actions that are needed to protect public health and
are reasonable and limited in scope.
He said a
school district’s decision to require student masking to prevent the spread of
the virus falls within that exemption.
‘A vocal
group got its way’: Florida parents condemn schools’ lack of mask mandates
The judge
also noted that two Florida state 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.
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 healthcare in nursing homes, prisons and elsewhere that
say state decision-makers should give great weight to CDC guidelines.
The school
districts that have defied DeSantis’ order represent slightly more than half of
the 2.8 million Florida public school students enrolled this year.
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.
The
coronavirus pandemic is currently the worst it has ever been in Florida, with
record levels of new infections, hospitalizations and deaths as the Delta
variant of Covid-19 rages through the state, with the unvaccinated population
by far the worst affected.
Tampa and
Orlando are among areas asking the public to conserve water, including urging
people not to wash their cars or power-wash or water lawns.
Help for
very sick Covid-19 hospital patients is using precious water resources across
Florida, the Tampa Bay Times reported, saying it was creating competition
between hospitals and municipal water systems for crucial supplies of liquid
oxygen.
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