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An appeals court allows Florida to punish schools that force students to wear a mask

2021-09-10T21:31:26.020Z


The court suspends the previous decision of a judge against the executive order of the Republican governor, who wants to prevent schools from protecting their students from this disease with the use of masks.


By Elisha Fieldstadt, Natalie Obregon and Doha Madani -

NBC News

The governor of Florida, Republican Ron DeSantis, received judicial permission this Friday to keep in force the executive order that prohibits the mandates to wear masks in schools while the appeals court decides definitively if it is legal or, as ruled by a judge district, exceeds its responsibilities and therefore must be eliminated. 

"When a public official or agency asks to appeal, which is the case here, there is a presumption under the rule in favor of a suspension, and the suspension should be overturned only for the most compelling reasons," ruled the First Court of Appeals. District. 

"Given the presumption against overturning the automatic stay, the stay should have been left in place while the appeal was being reviewed," he added.

[Texas stops prohibiting mandatory use of masks in schools following state Supreme Court ruling]

Thus, and temporarily at least, 

schools can be penalized for forcing their students to 

wear masks

to prevent the spread of COVID-19.

DeSantis threatened financial consequences to districts that defied his order.

And, in August, the Florida Board of Education voted to

sanction school districts in Alachua and Broward counties.

The rate of vaccination against COVID-19 decreases and only 53% of the country's population is fully immunized

Sept.

9, 202100: 54

Leon County Judge John C. Cooper ruled last month that school districts have the right to set policies such as masking mandates as long as they have a

"compelling state interest" and a "strictly tailored" plan of action.

On Wednesday, Cooper insisted that Florida must immediately stop enforcing the DeSantis ban, refusing to issue a stay of his previous sentence while the state appeals that decision.

[Children already account for 27% of new COVID-19 cases.

A Florida judge rules again how to protect them]

Cooper argued that the state had failed to prove that an appeal would be successful and that it

was necessary to delay his order to avoid irreparable damage.

A teacher sings a song with her students at a school in Laguna Niguel, California.

Getty Images / Paul Bersebach

"We are not in normal times. We are in a pandemic. There are children who cannot be protected by vaccination," Cooper said. 

"Children are at risk and wearing masks provides at least some protection."

Currently, the Food and Drug Administration (FDA) has not approved vaccination in children under 12 years of age.

August was the deadliest month in Florida since the pandemic began last year, according to data compiled by the Centers for Disease Control and Prevention (CDC). 

Use of masks will be mandatory in all schools in New York

Sept.

3, 202100: 41

Pediatric hospitalizations have also increased

as the delta variant appears to affect children more than previous versions of the coronavirus.

Source: telemundo

All news articles on 2021-09-10

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