Florida may continue to withhold salaries from school board members to demand masks.
In a victory for Florida Gov. Ron DeSantis, an appeals court ruled Friday that the state ban on student mask warrants be upheld, at least until it issues a final ruling on legality. of the ban.
The ban on mask requirements – issued by the Florida Department of Health in August after DeSantis ordered it to “protect parents’ freedom to choose whether their children wear masks” – had been suspended Wednesday by a Tallahassee judge . Judge John C. Cooper ruled that the state could not continue to punish school districts that needed masks while the appeals court works toward a final sentence.
Friday’s order overturns Cooper, giving the Florida Board of Education the green light to continue withholding school board members ’salaries in districts that require facial coverage for students. The state has imposed this punishment on two districts and announced investigations into several others.
“Like last year in the school’s reopening litigation, the First District Court of Appeals has restored Florida’s ability to protect parents’ freedom to make the best decisions for their children while they rule on the appeal, “Taryn Fenske, DeSantis’ director of communications, said in a statement to ABC News. “We hope to win the call and continue to fight for parental rights.”
DeSantis tweeted: “There are no surprises here: the first DCA has restored the right of parents to make the best decisions for their children. I will continue to fight for parental rights.”
Alachua County, one of the districts where the salaries of school board members are withheld to impose a mandate, said in a statement that, despite Friday’s ruling, “it will continue to apply universal masking to our schools.”
“The decision is disappointing, but we understood from the beginning that the legal battle for masks in schools would take time and not all decisions would be favorable,” said Carlee Simon, superintendent of public schools in Alachua County.
“While Alachua County public schools are not part of this particular demand, we certainly support it,” Simon continued. “We are pleased that the plaintiffs plan to continue their fight. In the meantime, our legal challenges are just beginning and we support the rest of the Florida districts and families who are also taking the state to court over this issue.”
At least 13 school districts, including Florida’s six largest, have implemented mask mandates.
“After reviewing the final judgment of the trial court and the judicial statements of the device, we have serious doubts about the question of jurisdiction, jurisdiction and other matters of threshold,” the order reads on Friday. “These doubts militate significantly against the likelihood of the appellants’ final success in this appeal.”
A lawyer representing the parents who sued the state said Friday’s decision will make students less safe.
“We are disappointed with the 1st DCA ruling restoring the stay and will seek to go through the jurisdiction of the Florida Supreme Court, as this matter involves statewide issues. With a stay in place, students, parents and teachers Charles Gallagher, one of the lawyers representing the group of parents who sued the state for banning masked warrants, he wrote on Twitter.
Dave Packer tells ABC News Radio: