Federal Judge Sides With DeSantis on Mask Mandate Ban

BY Jannis Falkenstern, NewsMax, Sept. 16, 2021
https://www.theepochtimes.com/mkt_morningbrief/federal-judge-sides-with-desantis-on-mask-mandate-ban_4000757.html

[NB – every win against medical tyranny helps; DeSantis’ order is against mandatory masks for children (which do more harm than good); the parents are obviously Democrat activists trying using their own children for partisan politics, since there is no scientific evidence to support their position]

On Sept. 15, a Miami federal judge handed Florida Gov. Ron DeSantis a victory when he ruled against the parents of students with disabilities in a lawsuit over public school mask mandates.

Twelve parents from eight Florida school districts whose children have special needs sued the governor and the Florida Department of Education (FDOE) over a DeSantis executive order (pdf) that allows parents to opt out of student face coverings. The eight school boards, Alachua, Broward, Hillsborough, Orange, Palm Beach, Pasco, Miami-Dade, and Volusia, were also named in the suit for implementing the governor’s order. The federal suit argued that their children were at elevated risk of becoming ill or dying from COVID-19 if other children came to school without facial coverings.

In Judge K. Michael Moore’s decision, he denied the parents’ request for a preliminary injunction against July’s executive order, which was the catalyst for the Florida Department of Health to issue a rule (pdf) requiring school districts to allow parents to opt out of any student mask mandates. Thus far, 13 school districts have defied the governor’s order. Two counties, Broward and Alachua, have been fined for noncompliance, while others are under investigation by FDOE.

Moore found that the parents hadn’t exhausted all “remedies” at their respective schools to accommodate their children’s needs before bringing a lawsuit.

One of the attorneys for the parents, Matthew Dietz, said he isn’t sure if an appeal will be filed and hoped that the Biden administration would step in and bring forth some sort of remedy instead.

“We are disappointed in the decision of the court and are evaluating our options at this point,” Dietz said in an emailed statement. “We would hope and expect federal education officials and the U.S. Department of Justice will weigh in on the rights of children with disabilities to be safely integrated into their local schools.”

Recently, the U.S. Department of Education announced a grant program that provides funding for school districts in Florida (and elsewhere) that lose money for issuing “anti-coronavirus practices,” such as mask mandates. State officials were warned by the federal agency that they would be investigating whether the state’s ban on mask mandates violates federal civil rights laws that protect students with disabilities.

In the past, DeSantis has insisted that the new Parents Bill of Rights law gives parents the authority to decide whether their children should wear face coverings to school.

The offices of the governor and the FDOE didn’t respond to requests for comment by press time.

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Ungekrzte

"Enlightenment is man's emergence from his self-imposed immaturity ... the inability to use one's own understanding without another's guidance. This immaturity is self-imposed if its cause lies not in lack of understanding but in indecision and lack of courage to use one's own mind without another's guidance. Dare to know! (Sapere aude.) "Have the courage to use your own understanding," is therefore the motto of the [European] Enlightenment. "Laziness and cowardice are the reasons why such a large part of mankind gladly remain minors all their lives, long after nature has freed them from external guidance. They are the reasons why it is so easy for others to set themselves up as guardians. It is so comfortable to be a minor. If I have a book that thinks for me, a pastor who acts as my conscience, a physician who prescribes my diet [or vaccine], and so on--then I have no need to exert myself. I have no need to think, if only I can pay; others will take care of that disagreeable business for me. Those guardians who have kindly taken supervision upon themselves see to it that the overwhelming majority of mankind ... should consider the step to maturity, not only as hard, but as extremely dangerous. First, these guardians make their domestic cattle stupid and carefully prevent the docile creatures from taking a single step without the leading-strings to which they have fastened them. Then they show them the danger that would threaten them if they should try to walk by themselves. Now this danger is really not very great; after stumbling a few times they would, at last, learn to walk. However, examples of such failures intimidate and generally discourage all further attempts. "Thus it is very difficult for the individual to work himself out of the immaturity which has become almost second nature to him. He has even grown to like it, and is at first really incapable of using his own understanding because he has never been permitted to try it. Dogmas and formulas [e.g., Leftist ideology, identity politics] these mechanical tools designed for reasonable use--or rather abuse--of his natural gifts, are the fetters of an everlasting immaturity. The man who casts them off would make an uncertain leap over the narrowest ditch, because he is not used to such free movement. That is why there are only a few men who walk firmly, and who have emerged from immaturity by cultivating their own minds." - Kant, "An Answer to the Question: What is Enlightenment"

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