Lawyers challenge mask ban in schools
There is a lawsuit challenging Gov. DeSantis’ executive order banning mask warrants in Florida schools.
Parents of 15 children filled out the costume on Friday A parent in the costume is out of Alachua County.
They believe this emergency order will cause the virus to spread even further.
Under Florida law, students have the right to safe schools. Six lawyers believe this is at risk amid a spread of the Delta variant and an executive order for Governor Ron DeSantis, banning schools from requiring masks.
Attorney Gene Nichols, not associated with the lawsuit, points to the Florida State Constitution which grants the power to run schools in local school districts.
“So the real question will be whether or not the governor has the power to make an executive order to override the Florida constitution, and that’s basically what he’s doing now. And that’s what the courts are going to have to decide, ”Nichols said.
In June, the legislature passed House Bill 241. It gives parents the right to health care for their child.
Nichols said a governor would generally use executive authorities in health care and emergencies, but said one argument would be for the governor to use order during a health crisis but potentially contradict the fact that he is is a health crisis.
A complainant from Alachua County said her child was not old enough to be vaccinated and the school’s unmasked, vaccinated and unvaccinated students were a detriment.
“What about the potential of parents to sue the system for their children who might get sick? It will be very difficult to sue a school, school board or county if a child fell ill in a school for or without issuing mask warrants, ”Nichols said. “So it’s not just that my child got sick on campus to attack a school board. In these situations, you are going to have to prove that the school board not only knew that this person was sick, not only knew that it was spreading, but that it was putting the children in place. And then on top of that, you have sovereign immunity issues.
The order also threatens to maintain state funding for schools.
Nichols said he would be shocked to see this happen, but if it does, districts can use the state’s constitution to back them up.
Nichols said the governor’s office had 20 days after being served to file a response.
He thinks it will end in the Supreme Court of the state where they decide since it is a constitutional issue.
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