Gov. Ron DeSantis’ ban on school boards from enacting COVID-19 mask mandates under the banner of parents’ rights was ruled illegal by a Leon County judge Friday.
During a Zoom meeting with parties in the lawsuit, Judge John Cooper found that a state law, the Parents’ Bill of Rights, does not ban school districts from imposing face mask mandates with opt-outs for health reasons. A written judicial order will be in place by Tuesday that generally favors the arguments of Florida parents who objected to the ban on school mask mandates, Cooper said.
The decision is a setback for DeSantis, the state Department of Education and Education Commissioner Richard Corcoran, who are named as defendants.
“The actions of the defendants do not pass constitutional muster because they seek to deprive the school boards in advance and without the school boards’ right to show reasonableness of the (mask) policy,” Cooper said.
He also made an analogy about how personal rights can be limited if they pose risks to others, saying that people have the right to drink alcoholic beverages in their homes but don’t have the right to endanger others by driving drunk.
The Governor’s Office expressed confidence that it would prevail in its upcoming appeal of the case to the First District Court of Appeals.
“It’s not surprising that Judge Cooper would rule against parent’s rights and their ability to make the best educational and medical decisions for their family, but instead rule in favor of elected politicians,” Taryn Fenske, DeSantis’ communications director, said in an email to the Florida Record. “This ruling was made with incoherent justifications, not based in science and facts – frankly, not even remotely focused on the merits of the case presented.”
The Leon County Circuit Court also saw a decision it made last year on school-reopening policies reversed on appeal, she said.
A spokesman for the Florida Department of Education also expressed disappointment with Cooper’s decision, saying it disregards the rule of law.
“This decision conflicts with basic and established rights of parents to make private health care and education decisions for children,” Jared Ochs said in an email to the Record. “We will continue to fight to make sure every child has access to education. We are committed to the fundamental rights of parents and will push forward on appeal to ensure that this foundation of democracy is upheld.”