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DeSantis’ mask mandate ban back in effect after appellate court reinstates stay in case

Florida Gov. Ron DeSantis speaks at a news conference at Orlando Regional Medical Center...
Florida Gov. Ron DeSantis speaks at a news conference at Orlando Regional Medical Center Tuesday, June 23, 2020, in Orlando, Fla. DeSantis spoke about Florida's caseload of coronavirus topping 100,000. (AP Photo/John Raoux) (WILX)
Published: Sep. 10, 2021 at 12:49 PM EDT|Updated: Sep. 10, 2021 at 2:10 PM EDT
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TALLAHASSEE, Fla. (WCTV) - Gov. Ron DeSantis’ ban on mask mandates in schools is in effect again after an appellate court reinstated the stay on a judge’s ruling that blocked the executive order.

The First District Court of Appeal issued the stay again on Judge John Cooper’s ruling a little after 12:30 p.m. Friday.

This means the ban is back in effect and will likely remain in effect for the remainder of the school semester since it typically takes months for the appellate court to issue a final ruling.

“The stay should have been left in place pending appellate review. Accordingly, we grant the appellants’ motion, quash the trial court’s order vacating the automatic stay, and reinstate the stay required by Florida Rule of Appellate Procedure 9.310(b),” the order says.

Judge Cooper had initially blocked the governor’s executive order on Aug. 27 after a virtual hearing regarding a lawsuit from a group of parents challenging the executive order. The governor then appealed Cooper’s ruling on Sept. 2, which placed an automatic stay on the ruling and allowed the mask mandate ban to continue.

On Wednesday, Sept. 8, Cooper overturned that automatic stay so his ruling, which said DeSantis’ mask mandate ban was unconstitutional and cannot be enforced, would go back into effect.

The appellate court’s Friday order once again allows DeSantis’ executive order to officially be in place.

You can read the First District Court of Appeal’s order at this link or below.

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