Florida's First District Court of Appeals reinstated the state's ban on mask mandates in schools on Friday after Governor Ron DeSantis filed an emergency appeal hours after a judge ruled against his executive order for the second time.
'No surprise here – the 1st DCA has restored the right of parents to make the best decisions for their children,’ De Santis wrote on Twitter after the reinstatement. ‘I will continue to fight for parents’ rights.’
The ruling is the latest in the legal battle between DeSantis and school districts defying his order after a significant, statewide surge of COVID-19 cases.
DeSantis filed the motion around 7.30 p.m. Wednesday, on the heels of Leon County Judge John Cooper's second ruling siding with parents who filed a lawsuit against the governor's mask ban on August 26.
It's also DeSantis second instance appealing Cooper's decision amid a back-and-forth war over school mask mandates that seems to be nowhere near its end.
The judge's decision on Wednesday momentarily lifted the ban and revoked DeSantis's order to withhold funding from two school districts that defied the ban and have continued to enforce mask use.
Now the ban is back in force after the appeals court ruled in favor of DeSantis.
Florida's First District Court of Appeals reinstated the state's ban on mask mandates in schools on Friday after Florida Governor Ron DeSantis filed an emergency appeal when a Leon County circuit judge initially blocked the order
The ruling is the latest development in an ongoing saga between the state and several local school districts as some Florida schools are fighting for legal mask mandates after a significant, statewide surge of COVID-19 cases. Pictured are masked students in Florida last month
DeSantis's lawyers, along with Education Commissioner Richard Corcoran, the Florida Department of Education and the State Board of Education had accused Cooper of overstepping his powers as a judge, citing that the state should be the one in charge of COVID-19 restrictions.
'The adequate level of safety in schools and other public settings is a political question reserved entirely for elected representatives who are publicly accountable,'
'Therefore, in finding irreparable harm, the trial court should not have substituted its own health policy preferences or risk assessments for those of the governor or, more importantly, the state health officer and surgeon general,' the motion read.
The court's decree means the state can now go after schools financially if they decide to impose mask mandates.
A spokesperson for DeSantis, Christina Pushaw, praised the decision on Twitter.
'1st District Court of Appeals just granted the State of Florida's request to reinstate the stay - meaning, the rule requiring ALL Florida school districts to protect parents' rights to make choices about masking kids is BACK in effect!' Pushaw proudly declared Friday.
The ruling comes despite objections from concerned parents who fear Desantis' policy could cause 'irreparable harm' to their children amid an unprecedented rise of COVID-19 cases in the Sunshine State.
Cooper ruled last month ruled that the state could not penalize districts that impose strict mask
