Second Circuit Judge John Cooper has ruled against Florida Gov. Ron DeSantis’ appeal, which allows Florida schools to continue to have masked warrants while the case is appealed to a higher level.
With immediate effect, the state of Florida must stop enforcing the mask ban, which puts an end to sanctions against several school districts that have implemented mask warrants.
DeSantis had appealed Cooper’s earlier decision that the governor was overreacting and did not have the authority to ban school districts from implementing mask warrants without the possibility of disabling parents.
That appeal caused an immediate pause in mask warrants while a sentence was being handed down. Thirteen Florida school districts have now implemented a mask mandate, without parents excluding it, challenging a previous executive order from the governor.
Cooper ruled that he believed there was not enough irreparable damage to set aside the automatic stay brought about by the appeal.
“It is undisputed that in Florida we are in the middle of a COVID pandemic. Based on the evidence I have heard, there is no harm to the state if the stay is set aside, ”Cooper said.
Cooper added that, based on expert testimony, it is clear that the only way to protect children who cannot be vaccinated is to keep children isolated at home, which would cause further harm.
“It is indisputable that the Delta variant is much more infectious than the previous version of the virus and that children are more susceptible to the Delta variant than it was a year ago,” Cooper said. “In particular, for children under 12, they cannot be vaccinated. Therefore, in reality there is only one or two means to protect them against the virus as they stay at home or mask themselves ”.
Cooper added that, based on the evidence, young students “certainly have no way to avoid it, except to stay home and isolate themselves.”
“I think everyone agrees, that’s not going well for them,” Cooper said.