Parental rights affirmed in 1st DCA order


Today the First District Court of Appeal (DCA) issued an order explaining the decision on September 10 that stayed Leon County Judge John Cooper’s September 9 order ruling against Governor Ron DeSantis’ executive order that said parents have the right to opt their children out of school mask mandates. 

The case has had a number of twists and turns, with Judge Cooper initially ruling that “the Parents’ Bill of Rights permits local school boards to enact policies relating to health care and education, including mask mandates,” followed by an automatic stay of his order when the governor appealed, Cooper’s September 9 order putting the ruling back in place, and then the First DCA order on September 10 reinstating the automatic stay.

In today’s order, the First DCA wrote regarding the Plaintiffs, “We reinstated the stay because we concluded that the appellees failed to carry their burden of demonstrating that they are likely to prevail on the merits.” The Court also questioned whether the Plaintiffs had standing and criticized Judge Cooper for inventing his own legal theory when he ruled that the governor somehow violated the Parents’ Bill of Rights by giving parents more rights.

The First DCA wrote, “While the Parents’ Bill of Rights undoubtedly played a role in the governor’s issuance of the executive order—and was even pleaded as an affirmative defense—the [Plaintiffs] never sought relief in their complaint based on an alleged violation of the Parents’ Bill of Rights. They certainly never requested an injunction against a state administrative actor proceeding in some way in contravention of the Parents’ Bill of Rights… Despite the absence of any allegation that a state administrative actor was breaching—or planning to breach—the Parents’ Bill of Rights, the trial court still ordered the Education Defendants not to. That is, the trial court appeared to have awarded relief that was not requested, based on a theory that was not pleaded. It appeared to us, then, that the trial court issued an injunction that it did not have authority to issue, because the injunction was predicated on matters ‘wholly outside’ the [Plaintiffs’] causes of action.”

The order concludes with a statement that the Court has “some clear doubts about the [Plaintiffs’] success in this appeal.”

  • Naturally Dr. Carlee Simon will continue to defy the Governor and the appellate court. Speaking of the fact that the State carried out its threat to withhold funds from Alachua school board members because of their violations, Simon said:

    “I am appalled that the state would penalize the district by pulling funding we have not even received.”

    Hey Carlee, we are appalled that you are not yet in jail!

    • Two words: Child abuse. — I know that I need to breath, it’s autonomic….having
      Something uncomfortable covering my nose & mouth restricting my breathing and making me
      Re-breath hot air is all I’m thinking about..how can
      I learn the ABC’s if I can’t breath and that’s all I’m
      Thinking about? What a bunch of commie control freaks.
      They should be brought up on charges for suffocating the children & depriving
      The children of being able to breath oxygen.

      • P. Floyd – really do you think a surgeon suffocates during an 8hr surgery? Does the auto body mechanic drop dead while prepping and painting a car. But maybe you are unable to think and breathe at the same time. But lots of people in lots of occupations already wear masks all day and are completely fine.

        • Mark K. You are free to double mask then, that’s your choice. My choice to get a shot if I need one, it’s not yours or the mobs.

  • Wait, I thought the Marxist Democratic Party with the teachers union owned our kids. We’re not supposed to have any say what they teach our kids. Thankfully common sense prevailed.

  • Even though Simon has said that she has no qualifications for her position, she seems to go out of her way to prove it.

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