Appeals court reinstates Governor Ron DeSantis’ ban on school mask warrants

In a victory for Florida Governor Ron DeSantis, an appeals court on Friday ruled to keep the state’s ban on student masks in place, at least until it makes 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 the freedom of parents to choose whether their children wear masks” – was suspended by a judge on Wednesday. Tallahassee. Judge John C. Cooper had ruled that the state could not continue to punish school districts that demand masks while the appeals court works on a final decision.

Friday’s order rescinds Cooper, giving the Florida Board of Education the green light to continue withholding salaries from school board members in districts that require face coverings for students. The state imposed the sentence in two districts and announced investigations into several more.

“Much like last year in the school reopening litigation, the First District Court of Appeals restored Florida’s ability to protect the freedom of parents to make the best decisions for their children while they’re making their own decision on the appeal, “Taryn Fenske, communications director of DeSantis, said in a statement to ABC News. “We look forward to winning the call and will continue to fight for parents’ rights.”

DeSantis tweeted: “No surprise here – 1st DCA restored the right of parents to make the best decisions for their children. I will continue to fight for the rights of parents.”

Alachua County, one of the districts where the salaries of school board members are withheld for imposing a warrant, said in a statement that despite Friday’s decision, it “will continue to enforce universal masking in our schools. “.

“The decision is disappointing, but we understood from the start that the legal battle over masks in schools would take time and not all decisions would be favorable,” said the superintendent of public schools in Alachua County, Carlee Simon, in a statement.

“Although the public schools in Alachua County are not part of this particular lawsuit, we certainly support it,” Simon continued. “We are delighted that the plaintiffs are considering continuing their fight. In the meantime, our legal challenges are only just beginning and we support other Florida districts and families who are also suing the state on this matter.”

At least 13 school districts, including the six largest in Florida, have mask mandates in place.

“After our review of the final judgment of the trial court and pleadings, we have serious doubts about standing, jurisdiction and other threshold matters,” said Friday’s order. “These doubts militate significantly against the likelihood of the respondents’ ultimate success in this appeal.”

A lawyer representing parents who sued the state said Friday’s ruling would make students less safe.

“We are disappointed with the decision of the 1st DCA which restores the stay and will seek the jurisdiction of the Supreme Court of Florida, as this case concerns state-wide issues. With a stay in place, the students, the parents and teachers are in danger again, “Charles Gallagher, one of the lawyers representing the parent group that sued the state over its ban on mask warrants, wrote on Twitter.

Dave Packer’s reports for ABC News Radio: