FL 1st District Court of Appeals Lambasts Lower Court For Striking Down DeSantis Mask Rule

By Eric Daugherty, Florida's Voice

January 7, 2022 Updated 7:58 PM ET

October 28, 2021 Updated 9:10 A.M. ET

TALLAHASSEE, FL – Wednesday, Florida’s 1st District Court of Appeals (DCA) issued a preliminary ruling in Florida Governor Ron DeSantis’ (R) appeal against a Leon County Judge’s decision to strike down DeSantis’ no-mask mandate rule for schools. 

The 1st DCA said that the plaintiffs in the original lawsuit against DeSantis did not have standing to assert the claims they made. “Those entities [FL schools] alone must advance their own institutional rights,” the 1st DCA explained.

The Court also argued that the plaintiffs were not harmed by the Governor’s order because the order took no direct action against them.

It said that the plaintiffs’ alleged injuries of being exposed to COVID-19 was not “concrete” enough to warrant any judicial intervention in policy.

The 1st DCA judge went on to lambast the Leon County judge for “award[ing] relief that was not requested, based on a theory that was not pleaded.” In effect, the judge created his own legal theory to rule against DeSantis.

DeSantis’ full appeal is still pending a final ruling, but the preliminary ruling is a strong indicator that the Governor will win the case.

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