MIAMI - A state judge dismissed a trial lawyer’s complaint Tuesday against the governor for an alleged mild response to the COVID-19 outbreak.
Attorney Daniel Uhlfelder filed an emergency injunction along with his complaint that would have required Gov. Ron DeSantis to close all beaches statewide to stop the spread of COVID-19.
On March 20, DeSantis issued an executive order, directing beaches to be closed in Broward County and Palm Beach County due to the COVID-19 outbreak but stopped short of closing all beaches statewide, according to media reports.
Attorney Daniel Uhlfelder
| courtesy of Daniel Uhlfelder
“The governor needs to shut down the state and close all beaches,” Uhlfelder told the Florida Record.
However, Justice Kevin Carroll dismissed Uhlfelder’s lawsuit on April 7, citing the state's constitution.
“The court finds that it lacks authority to grant the relief requested due to the separation of powers clause of the Florida Constitution,” wrote Judge Carroll in his order granting the governor dismissal of the action.
But Uhlfelder isn't giving up.
On Wednesday, he filed a notice of appeal with the Circuit Court of the Second Judicial Circuit in and for Leon County.
“The judge was very professional and complimentary of what I’m doing but he is concerned about whether he has the authority to get involved with the governor's activities,” Uhlfelder said. “I believe he does have authority to hear the case and that’s why I am appealing.”
The governor's office did not immediately respond to the Florida Record's requests for comment.
“I did not sue the governor for damages or for any money,” Uhlfelder said. “I sued for an injunction to force the governor to protect the state.”
He alleges in his lawsuit that the governor’s failure to use his emergency powers to issue a statewide Beach Closure Order and Safer-at-Home Order is a threat to Floridians, many of whom are now more likely to contract COVID-19 and as a result become ill, transmit the virus or die.
The provisional COVID-19 death count nationwide is 3,307 as of April 8, according to the CDC website.