School board, petitioners trade filings in lawsuit over mask mandate

Photo by Scott Graham on Unsplash


Alachua County Public Schools filed its response to a petition for Writ of Mandamus from parents in Alachua and Duval Counties on Friday, October 8, and attorneys for the petitioners filed an amended petition today.

The school district’s response argued that the case should have been brought in Circuit Court, not in the First District Court of Appeal, and that the petitioners did not have standing to bring the petition because they had not claimed to live in any county within the jurisdiction of the First District or to be parents of children attending Alachua County or Duval County schools or to have been affected by the policies of the two school boards. The response also argued that the petitioners had failed to meet the elements required for a Writ of Mandamus; here they argued that parental rights are not absolute because school boards “may infringe on such rights where, as here, such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by a less restrictive means.” The response further argues that “The Alachua County School Board and Superintendent are following the law and guidance issued by the CDC.”

The amended petition, filed this morning, clarifies that the petitioners are all residents of Alachua or Duval Counties, “and either have children in the public school or have removed their children from public school because of the School Boards’ masking and quarantine policies. All the Petitioners are subjects to the School Boards’ mask and quarantine policies and are being continuously harmed by the School Board’s failure to adhere to applicable law.”

The Court has ordered the school boards to file amended responses to the amended petition by October 13, and the petitioners may file a reply no later than October 14.

  • You say “tomato,” I say “tomato.” Here we go again, shopping for a favorable court.

    “The Alachua County School Board and Superintendent are following the law and guidance issued by the CDC.”

    I didn’t think the CDC had the authority to write laws but just give guidance for Congress to write laws. Correct me if I’m wrong though.

    On a side note, the liberals must be pretty excited that Dr. Fauci has given them permission to go trick or treating this year. Good trick but the greatest is the “devil convincing the world he doesn’t exist.”

    Keep believing…

    • Love your comment…but, The CDC? Covid communism is global. The CDC
      And the WHO (World Health Organization) are interchangeable…the whole pandemic was the perfect
      Cover to implement the globalists’ great reset.

      • Bullwinkle…just referencing the stated “leader” the SBAC is falling in lockstep with. I think the Covid pandemic was a means of removing a president that many politicians never approved of. He went against the grain and he said as much. That’s not to say I agree with everything he said and did and I do not believe the election of 2020 was “stolen” as some claim.

        The majority of voters made more of a statement against Trump, (see Trump vs Clinton 2016), than they did for Biden. Hopefully, voters will show the same enthusiasm in the 2022 mid-terms and 2024 primaries.

        That being said, IF, Trump runs again, don’t be surprised if the same numbers show up against his incessant rants and put another liberal in office. Myself, I’m hoping for a more moderate conservative that can attempt to close the fissure before we fall completely over the edge.

        I believe…that we can be better.

        • I hear you. There’s no one else that can fill Trump’s shoes. The man has smarts & charisma.
          He’s the only one looking out for freedom & liberty. The problem is: we’re surrounded by a bunch of commies that want free stuff. I don’t believe “his incessant” rants & tweets triggered
          The looney left to destroy this country. The tyranny is global. The United Nations has been planning this New World Order, One World Gov
          For a long time. Re. Agenda 21 (now), Agenda 30, Green New Deal. Global totalitarianism.Tell
          Me someone else who can fill Trumps’ shoes?
          His recent rallies are standing room only. I’m sure
          To get a bunch of haters triggered by what I just said…

    • Jeff, really? He was elected by a majority of voters. Didn’t say they were the smartest…just a majority.

      • C’mon man…”creepy joe” wasn’t really elected because of the mail in ballots and those Dominion voting machines…I can change (edit) the data on my computer program because I know
        The edit keys and no-one could tell without the
        Physical paperwork or know where to begin to look…
        Then shop for a “favorable court” like you said in your first comment…The Covid commies will
        Stop at nothing to get their power: lie, cheat, or steal.

  • If I had the urge to place a waiver on this outcome, I would study the recent records of the contestants. That being said on the inside lane is JC excellent out the gate and strong on the home stretch. He is listed a 5 to 1 favorite. With National wins over G’ville in recent months. His opposition only hope is a muddy track (bad court) plus serious lack of any local ruling to (wins) to mention make him a very long shot. Delaney might be better off never leaving the staple on this one.

    • I’m with you on this Bob…JC’s got this even on a muddy track! Looking forward
      to him bringing this win across the finish line!

  • >