Governor files emergency motion to reinstate stay on school mask ruling

BY JENNIFER CABRERA
Governor DeSantis’ administration has filed an emergency motion asking an appeals court to reinstate the stay on Judge John Cooper’s ruling that schools can overrule parents’ choices on masking children in school. The appeals court (First District Court of Appeals) has given plaintiffs until 8:00 p.m. tonight to file a response to the motion. The emergency motion can be read here.
Some quotes from the motion:
- “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.”
- “There are numerous other factors that policymakers must weigh while governing the control of communicable diseases in schools. Here, one such factor is the adverse consequences of universal masking in schools.”
- “According to its plain terms, the Parents’ Bill of Rights limits governmental authority and protects the inherent rights of parents. See §§ 1014.01–.06, Fla. Stat. Thus, the Governor could not possibly have violated the Parents’ Bill of Rights by protecting parents’ rights. Most assuredly, the Parents’ Bill of Rights does not grant any authority to local school districts that did not previously exist.”
Taryn Fenske, Communications Director for Governor DeSantis, issued the following statement: “No surprise here that Judge Cooper concluded that he is unlikely to be overruled on appeal. We (unsurprisingly) disagree. Yesterday we filed our emergency motion to reinstate the stay, and we anticipate the appellate court will rule quickly, much like during the school reopening case last year.”
Yesterday, Fox News reported that the Biden administration “tightened its masking guidance after a prominent teachers union threatened White House officials with publicly releasing harsh criticism.” Internal emails obtained by a FOIA request highlight the extent of teachers’ unions’ influence on the Biden Administration’s messaging on school reopening.
A year ago, teachers’ unions were fighting to keep kids locked out of school, including staging a parade with hearses in Miami in September, 2020. However, after a series of court actions similar to those that have played out during the dispute over whether districts can require students to wear masks, Governor DeSantis prevailed in court, and schools were open for the entire 2020-21 school year.
Teachers’ unions are now fighting to require masks in schools; Randi Weingarten, president of the American Federation of Teachers, was in Florida last week meeting with Democratic gubernatorial candidate Nikki Fried to advocate for measures like masking in schools.

If the appeals court rules in favor of the governor in this case and reinstates the stay, school districts will not be able to overrule parents’ choices and must allow parents to opt their children out of mask mandates.
Enough already! Tired of the nonstop political circus. Everyone is shopping for a court that favors them.
This is no longer, nor has it EVER been, about right or wrong. If it were liberals I would have the same response. Time to get over it instead of checking who has the biggest ©0©k.
Time to believe in something better than this political theater…
Twitter (9/9/21): Christina Pushaw liked Jennifer Cabrera
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Jennifer Cabrera might be Beautiful Alachua County Jewel slaying DeathCultsUntrue With Journalism Pure and True (and Thank You to Len Too)
a bit difficult to determine the exact number BUT in districts allowing simple parental opt-out they average around 15%. High schools (where students are vaccine eligible) run higher than average & elementary schools have lower opt-outs. The highest reported simple parental opt-out is 27% @ Jupiter High School where area vaccination rates also run higher than average!
Elementary schools, where the students are mostly together in the same classroom all day should be able to provide a CDC compliant classroom for the 85% who want their children in a room where everyone is masked & separate opt-out rooms for the 15%. Probably less trouble & expense than all the legal wrestling?
Hey commie control freak, leave our kids alone!
Stop pushing fear. You wear the mask & get clot shot.
I don’t need it and you can’t make me…