Florida’s 1st District Court of Appeals sided with Florida Governor Ron DeSantis (R) and allowed his ban on mask mandates in schools to go back into effect.
This order reversed a previous ruling that put the ban on mask mandates on hold.
BREAKING: 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!
— Christina Pushaw (@ChristinaPushaw) September 10, 2021
Florida’s 1st District Court on Friday reinstated a stay on mask mandates in schools, blocking local school requirements for now, court documents show.Lawyers for Gov. Ron DeSantis filed the emergency appeal after a judge ruled on Wednesday that the state must stop its enforcement of a mask ban.
The latest court ruling comes amid a showdown between the state and some local school districts that have insisted on requiring students to wear masks as Covid-19 infections surge.
On August 27, Second Circuit Judge John Cooper ruled against DeSantis, allowing Florida schools to institute mask mandates while the case was appealed at a higher level.
Here is part of the ruling explaining why the order will not be put on hold:
“When a public officer or agency seeks appellate review, which is the case here, there is a presumption under the rule in favor of a stay, and the stay should be vacated only for the most compelling of reasons,” read the order from the First District Court of Appeal in Tallahassee.”Given the presumption against vacating the automatic stay, the stay should have been left in place pending appellate review.”
DeSantis responded to the ruling on Twitter saying the ruling was “no surprise.”
He then vowed, “to continue to fight for parents’ rights.”
No surprise here – the 1st DCA has restored the right of parents to make the best decisions for their children.
I will continue to fight for parents’ rights.
— Ron DeSantis (@GovRonDeSantis) September 10, 2021