Florida judge allows school mask mandates to continue despite governor's appeal

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A Florida judge rules against Gov. Ron Desantis and allows schools in the state to mandate face masks while the case is appealed at a higher level.

The ruling from Second Circuit Judge John Cooper, effective immediately, means the state of Florida must stop enforcement of banning mask mandates — which ends sanctions against several school districts that have implemented such mandates.

Even so, 13 Florida school districts have now implemented a mask mandate without a parent opt out in defiance of the governor's position. That pause has now been lifted. In Wednesday's ruling, Judge Cooper said there was not enough irreparable harm to set aside the automatic stay triggered by the appeal.

"It's undisputed that the Delta variant is far more infectious than the prior version of the virus, and that children are more susceptible to the Delta variant than to the form from a year ago," Cooper said. "They'll thoroughly consider the arguments of all parties, and they'll make a decision, then it may or may not end up at the Florida Supreme Court," Cooper said.

 

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