Saturday, November 27, 2021

Judge ruled that Governor DeSantis’ executive order was unconstitutional

Punta Gorda, Florida-Leon County Judge John Cooper ruled that the executive order signed by Florida Governor Ron DeSantis banning school masks was found to be unconstitutional and said that the state cannot sanction the requirements The local school board wearing a mask to prevent the spread of the epidemic. COVID-19, the Delta variant on school property.

The judge said that DeSantis’ executive order interpreted the “Parental Rights Act,” which was signed into law in July, as saying that he can ban wearing masks in schools.

Cooper said: “Based on the unique local facts, this orphan law does not support statewide orders or any action that interferes with the right to provide children with safety and health under the local school district’s constitution.”

In early August, the parents and the Hillsborough, Pinellas, Alachua, and Palm Beach County school boards filed a lawsuit against the governor’s prohibition of school districts from enforcing the order to wear masks unless the parents wish to opt out through a written statement. The lawsuit insisted that the executive order violated part of the state constitution that required public schools to provide a “uniform, efficient, safe, reliable, and high-quality system.” The judge agreed and stated that they had the legal right to sue, thereby overturning the state government’s argument.

The initial complaint filed by the St. Petersburg lawyer Charles Gallagher stated that the governor’s order “damaged the safe operation of the school.” In the complaint, he wrote that the governor’s order deprived the respective regions of the “constitutional power to operate, supervise, and control schools”.

After the judge’s ruling was issued, the DeSantis government appeared to be vacillating.

Jared Oaks, director of communications and external affairs at the Florida Department of Education, said on Friday: “We are very disappointed with the decision issued by the Second Judicial Circuit today to abandon the rule of law.” “This decision is related to parents’ private health care for children. Conflicts with the basic and established rights of educational decisions.”

“We will continue to work hard to ensure that every child can receive an education. We are committed to safeguarding the basic rights of parents and will promote appeals to ensure that this democratic foundation is maintained.”

Taryn Fenske, head of communications at DeSantis, said that today’s decision has no real surprises.

Finsk said on Friday: “It is not surprising that Judge Cooper will rule against the rights of parents and their ability to make the best educational and medical decisions for their families, but to support elected politicians.” “This ruling is based on no It’s made for coherent reasons, not based on science and facts—to be frank, not even remotely following the merits of the case presented.”

Finsk added: “We are used to the Leon County Circuit Court for not following the law and being overturned on appeal. This is exactly what happened in the school reopening case last year.” “We will continue to defend Florida law and parents. We will immediately appeal to the First District Court of Appeal. We believe that we will win the case on the merits.”

Cooper said he relied on the Florida Supreme Court’s Case and Separation of Power Acts of 1914 and 1939 to make decisions, as well as data provided in court by the Centers for Disease Control and Prevention. He added that the delta variant that plagued Florida and other states played a key role in his decision.

“Compared with the previous form, the delta variant has a higher risk for children,” he said. “Last year we were infected with a less dangerous virus. As the situation on the ground changes, the demand for different measures will also change.”

When Cooper made the decision, he also talked about the Parents’ Bill of Rights and stated that it does not prohibit the wearing of masks, nor does it “authorize the governor to prohibit schools from adopting a comprehensive mask policy.” He believes that the “Parents of Rights Act” confirms the right of the school board to approve mask instructions consistent with science (mainly CDC guidance). He went on to say that he believed that the scientific community agreed to block K-12 schools regardless of vaccination status and social distance. He disagreed with state witnesses who gave testimony to the contrary.

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DeSantis signed the Parental Rights Act in June. It concerns the right of parents to control their children’s education and health decisions. In addition, DeSantis also issued an executive order citing the new law, and instructed the State Department of Health and the State Department of Education to ensure that any school wearing mask requirements “compliance” with the law, and “protect the right of parents to make decisions about wearing masks.” . Their children are related to COVID-19. “

Contrary to this case, the 2020 lawsuit filed by Republican State Representative Anthony Sabatini claimed that the emergency mask authorization in Tallahassee violated privacy, due process, religion, and equal protection laws. The lawsuit further added that it can be classified as “excessive government intervention that burdens ordinary citizens and is incomprehensible.” But in the end, Cooper sided with Tallahassee and allowed the authorization to be established.

In court, Cooper said: “If people are not going to keep a distance of 6 to 10 feet, and if people are going to start a business and spread it to various places, the only thing available is a mask,” he said. Said. “In the scientific community, this is almost indisputable.”

The judge also relied on Florida’s status, such as requiring children to be vaccinated for certain diseases before school, except for certain religious and medical reasons, which he believed was more of a violation of parental rights than a mask policy.

Cooper said that parental rights are important, but not without restrictions.

In his concluding remarks, the judge said that the actions of the governor and state agencies have not passed the “constitutional review.”

Cooper granted relief to the plaintiff on three of the six charges and rejected one of them. He did not grant relief for the two crimes, saying that he did not fulfill the burden of proof. The judge ordered the ban on the Board of Education and the Ministry of Education, but did not enforce the ban against DeSantis. He prohibited these agencies from continuing to execute the order.

“I believe the governor will abide by the law,” Cooper said.

The judge said the order may take effect after it is signed on Monday.

“If you want to appeal; a quick appeal,” Cooper told the parties.

On Wednesday afternoon, the judge foresaw that his opinion would be challenged in a higher court.

“Regardless of the outcome of this case, I think we can suggest to the (state) Supreme Court that if they want to know how to deal with the case really quickly, this might be a good case study,” Cooper said in his Friday The Wednesday afternoon before the ruling.

DeSantis promised at a press conference on Thursday that if Cooper is not on the side of the country, he will appeal.

“If we win in the court of first instance, I believe it will also appeal on the other side. So this is good, and I think we obviously need to crystallize these things,” DeSantis said. “We think the legislature has indeed made a major statement on their parental rights bill. This is an important piece of legislation.”

Jannis Falkenstern is a reporter for The Epoch Times, covering Florida.


This News Originally From – The Epoch Times

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