A group of parents in Florida asked a judge to block an executive order by Gov. Ron DeSantis that bans school districts from imposing mask requirements when classes resume in the fall.
The lawsuit, filed Friday in state court in Florida, comes amid a fierce national debate about whether children in schools should wear masks as the delta variant of the coronavirus sweeps the country and case counts rise. The lawsuit argues that DeSantis’ order violates a provision of the state constitution that requires public officials to ensure schools are safe for students.
“The Executive Order impairs the safe operation of schools,” the parents said in the lawsuit, which was filed in Leon County. “Students will become sick and potentially die as a result of the failure to follow the mandatory masking requirements” set forth by the Centers for Disease Control and Prevention.
On Monday, DeSantis said the state Board of Education could withhold salaries of superintendents and school board members who implement COVID-19 mask mandates, according to CBS Miami.
School leaders across the country are facing complex pressures as millions of students prepare to return to classes. The delta variant is highly contagious, though it still appears that children typically fare better with the virus than their elders do. But they may bring deadly infections home.
Early this summer, the CDC said that only unvaccinated children need masks at school. In the face of delta, however, the CDC changed its guidance July 27, advising that everyone should wear masks in schools.
At least seven states have banned local school districts from requiring pupils to wear masks. Other states, such as California and Washington, have required them in public schools but with some flexibility for school districts.
DeSantis issued his executive order banning mask requirements on July 30, calling the CDC’s rules “unscientific and inconsistent.”
Several of the parents who filed the suit have children with preexisting conditions, such as asthma, that make them especially vulnerable to COVID-19. Others are simply concerned about the spread of the coronavirus in a setting populated by unvaccinated students. The executive order creates an “imminent and actual threat” to those students, the lawsuit says.
U.S. Sen. Bill Cassidy, a Republican from Louisiana who practiced medicine for more than two decades, said he disagreed with DeSantis and that the governor’s order violates conservative principles that favor local-level decision-making.
“The local officials should have control here,” Cassidy said Sunday on CNN’s “State of the Union.” “When it comes to local conditions, if my hospital is full, and my vaccination rate is low, and infection rate is going crazy, we should allow local officials to make those decisions best for their community.”
Rich Barak of The Atlanta Journal-Constitution contributed to this report.
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