WSHC+B’s constitutional law dream team Jamie A. Cole, Edward G. Guedes and Richard Rosengarten are challenging the state’s anti-mask mandate before the Florida Division of Administrative Hearings on behalf of six Florida school districts. The districts argue that the state rule that prevents them from taking basic COVID-19 safety measures based on local conditions is legally invalid.
The six school districts challenging the rule are Miami-Dade, Leon, Duval, Broward, Orange and Alachua.
According to Jamie, the Florida Department of Health’s latest emergency order does nothing to prevent communicable disease. “A rule that says parents have to have the sole discretion to opt their kids out of a mask mandate does not control COVID,” observed Jamie. “If anything, it results in less children wearing masks, which will result in more spread of COVID.”
“The DOH rule challenged in this petition is actually focused not on controlling COVID-19, but rather on protecting parental rights,” reads the case filed by Jamie, Edward and Richard. “The DOH does not have rulemaking authority in this area and thus exceeded its rulemaking authority.”
The division of administrative hearings has assigned Administrative Law Judge Brian Newman to preside over the rule challenge. A final hearing has been scheduled to begin on October 21, 2021.
To read the full petition, click here.
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