Parents, state ask an appeals court to dismiss the legal fight over school masks

Health News Florida

Published December 2, 2021 at 8:29 AM EST

Elementary school students wear masks as a precaution against Middle East respiratory syndrome as they wait for a lesson to start at Midong Elementary School in Seoul on Monday.

A group of parents and Gov. Ron DeSantis’ administration Monday asked an appeals court to dismiss a legal fight about a DeSantis executive order aimed at preventing school mask mandates during the COVID-19 pandemic.

In a joint motion, attorneys for the parents and the DeSantis administration said the case was moot because of a law passed during a special session this month.

The parents from various parts of the state filed the lawsuit Aug. 6, about a week after DeSantis issued the executive order. Following the executive order, the Florida Department of Health issued rules designed to carry out the executive order.

Leon County Circuit Judge John Cooper sided with the parents, finding that DeSantis overstepped his legal authority in the executive order. The DeSantis administration appealed Cooper’s ruling to the 1st District Court of Appeal.

While the case remained pending, lawmakers met in a special session and passed a measure that barred school districts from requiring students to wear masks.

In the motion for dismissal Monday, attorneys for the two sides said the law “recently enacted by the Florida Legislature and signed by the governor has superseded the executive order and the Department of Health rule that were at issue in this appeal.”

They also requested that the Tallahassee-based appeals court vacate Cooper’s ruling as part of the dismissal.