On May 18. The First District Court of Appeal in Tallahassee issued a very short opinion, per curiam--affirming the trial court’s ruling and rejecting Reynolds v. Florida, for raising what judge Kevin J. Carroll wrote were “non-justiciable political questions” in the court's desition.
"The issue here is, in my judgment, respectfully, constitutional rights are not a political issue," says Mitchell Chester, the attorney on the case.
"They have the right to life, liberty, property, enjoyment of life, and you can't enjoy life as your climate is deteriorating around you… And so to say that something is political, and can't be dealt with by the courts, who are they going to go to?" asks Chester. "Where else can they go besides the courts to protect their Constitutional rights? Can they go to the governor's office? He opposes any meaningful plan to try to reduce greenhouse gases. Can they even go to the Department of Agriculture and Consumer Services, Nikki Fried? She opposed what the children were trying to do here. And that is just to have a future."
Valholly Frank, a member of the Seminole tribe of Florida, joined Reynolds v. Florida when she was 15. Now, at 18, she is still fighting, and has seen worsening effects of climate change as she’s grown up.
"I'm always reminded how dangerous climate change is, and how close it is to us to completely just being irreversible and absolutely destroying our planet and our home," she says. "And I can't believe that states don't share that same urgency and their governments don't feel it. It's not completely unbelievable that they would favor money over saving the planet and saving their citizens. But it's definitely disheartening."
Frank notes that for her community and Indigenous peoples around the world, the impacts of climate change are devastating.
"It's so much more than just losing their home. It's losing your culture and being split up from your entire community," she notes.
Chester says he and other attorneys on the case are looking at next steps.
To learn more about Reynolds v. Florida visit https://www.ourchildrenstrust.org/florida