DeSantis' Mask Mandate Ban Struck Down For 2nd Time: Reports

FLORIDA — School districts such as Hillsborough County and Sarasota County can continue to keep their mask mandates in place after a circuit court judge again rejected Gov. Ron DeSantis' appeal, news outlets reported.

The state of Florida must immediately stop banning local mask mandates, according to the latest court ruling.

"Effective immediately, the state of Florida must stop enforcement of banning mask mandates — which ends sanctions against several school districts who have implemented such mandates," WFOR-TV reported.

The sanctions were enacted by Florida's Education Commissioner, Richard Corcoran. School districts in Alachua and Broward counties' had money withheld equal to the pay of the superintendents as punishment for defying the governor's ban. Sanctions were in effect four days before the judge's ruling, according to WFLA.

"It's undisputed that in Florida we are in the midst of a COVID pandemic," Circuit Court Judge John C. Cooper said at Wednesday's hearing. "Based on the evidence I've heard, there's no harm to the state if the stay is set aside ... there's nothing in my final judgment that prevents the defendants from enforcing the full Bill of Rights. I'm just saying you can't just enforce part of it. I see no harm to the state setting aside the stay."

Setting aside the stay keeps the judge's previous order issued Aug. 27 in place, when he said DeSantis had overstepped his authority by banning mask mandates in schools.

Cooper's decision Wednesday followed arguments presented during the hearing, a review of evidence presented by both parties, and studies about COVID-19 the judge said he read. A main concern the judge noted was the exposure to COVID-19 children face, since only youths age 12 and older are old enough to receive a vaccination.

Cooper also said the negative effects he believes isolation at home could have on a child were part of his decision.

The state recorded 23,557 new COVID-19 cases for children 12 and under from Aug. 27 to Sept. 3. Hospitalizations for Florida children with COVID-19 increased in August, according to outlets.

DeSantis sent a statement to WFLA that said, "No surprise here that Judge Cooper concluded that he is unlikely to be overruled on appeal. We disagree. Today, we plan to file our emergency motion to reinstate the stay, and we anticipate the appellate court will rule quickly, much like during the school re-opening case last year."

Related Story:

• Families Defeat Gov. Ron DeSantis Over FL School Mask Lawsuit