ArmoredRodent
Well-Known Member
First two (denied relief) were Safe Schools, 3 and 4 (granted relief) were separation of powers, and 5 (dismissed because the plaintiffs didn't actually sue the Dept of Health so the Court couldn't issue an order against them) was against DoH implementation of the Governor's mask ban order.What exactly were the plaintiffs claims?
A nice summary of the claims from WFLA:
- Count 1 — No relief. Plaintiffs sought a declaration from the court that the governor’s executive order and “related actions or threatened actions” violated a state constitutional amendment approved by voters in 1998 that requires the state to provide “a uniform, efficient, safe, secure, and high quality system of free public schools.”
- Count 2 — No relief. Plaintiffs sought a similar declaration from the court as in count one, based on Article 9, Section 4 of the Florida Constitution, which states: “The school board shall operate, control and supervise all free public schools within the school district.”
- Count 3 — Judge granted relief. Plaintiffs argued the executive order “undermines schools’ safety and makes arbitrary and capricious demands on public schools in violation of the Florida constitution.” Attorneys argued the governor’s executive order was gratuitous and exceeded his authority.
- Count 4 — Judge granted relief. Plaintiffs argued the Department of Education exceeded its authority and that “the subject matter of public health matters, such as masking in schools, is appropriately within the authority of the Florida Department of Health.”
- Count 5 — Judge granted motion to dismiss in part. Plaintiffs argued the Department of Health emergency rule implementing the governor’s executive order also violated their rights under the state constitution.
- Count 6 — Judge granted relief. Request for Emergency Injunctive Relief. Plaintiffs sought to enjoin the governor’s executive order and all related directives from state agencies from going into effect.