- A judge ruled Wednesday Florida schools can continue to impose mask mandates for now.
- Last month, a judge ruled Gov. Ron DeSantis did not have the authority to issue a mask ban.
- Now his mask mandate ban is on hold while a court considers his appeal.
- See more stories on Insider's business page.
Florida school districts can continue enforcing mask mandates, despite Gov. Ron DeSantis' appeal, CNN reported on Wednesday.
Second Circuit Judge John Cooper ruled that Florida must stop enforcing the governor's mask mandate ban, which means school districts in the state can continue to require masks while the case is appealed in a higher court, according to CNN.
This comes after Judge John Cooper ruled last month the governor did not have authority to issue a mask ban. But DeSantis appealed and his order stood while a higher court considered it.
Cooper said there was "overwhelming evidence" presented to him in a lawsuit by Florida parents that wearing masks in school settings does provide protection, especially for those kids under 12 who have yet to be vaccinated, the Associated Press reported.
"We're not in normal times. We are in a pandemic," Cooper said during a hearing held remotely, according to the AP. "We have a (coronavirus) variant that is more infectious and dangerous to children than the one we had last year."
After Cooper's initial ruling, mask bans in districts were immediately lifted. A number of districts had already defied the governor's ban, though, and were imposing mask mandates anyways.
DeSantis initially ordered the mask ban in July, saying that it gave parents the right to make the choice for their own children, but Cooper ruled it also removed the government's authority to impose actions that are needed to protect public health.
"This ruling was made with incoherent justifications, not based in science and facts - frankly not even remotely focused on the merits of the case presented," Taryn Fenske, DeSantis' communications director, said in a statement following Cooper's ruling.
The case goes to the First District Court of Appeals next, but could ultimately be decided by the state's supreme court, the AP reported. DeSantis is hopeful the state will prevail, he said at an appearance Wednesday, according to the AP.
This story is developing. Please check back for updates.
source https://www.businessinsider.com/desantis-loses-florida-schools-mask-mandate-ban-appeal-2021-9