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This is the first legal challenge to the constitutionality of the governor’s mask order, Gallagher said.
“They are presenting it as a parent choice issue when it really is a public health issue,” Gallagher told CNN by phone.
And although the state represents less than 7% of the U.S. population, about one in five cases of Covid-19 nationwide has been reported in Florida in the past two weeks.
The state also leads the country in the number of adults and children admitted to hospitals with Covid-19, according to data released Thursday by the United States Centers for Disease Control and Prevention.
Despite the grim numbers, DeSantis has repeatedly doubled down on the fact that it does not want to allow schools to impose masks on children – even though many students still cannot get vaccinated against Covid-19. Children under 12 are not eligible for a vaccine.
Plaintiffs in the lawsuit include parents who represent school-aged children from counties across the state, including Miami-Dade, Orange, Hillsborough, Palm Beach and Alachua.
The lawsuit makes several points, according to Gallagher, including that the Florida Constitution guarantees a safe school environment and gives counties the power to govern themselves. DeSantis’ executive order attempts to remove power from elected school districts, Gallagher said.
“The Constitution is equal justice under [the] law and so we think we’re on the right side of those facts, ”Gallagher said.
CNN has contacted both the governor’s office and the Florida education commissioner for comment.
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