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Florida judge to hear lawsuit against DeSantis’ mask mandate ban in schools - FOX 13 Tampa Bay

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Despite the governor’s efforts to get the case thrown out, the legal battle over masks continues Monday in Leon County as attorneys for parents across Florida prepare to argue that the governor’s executive order against mandating masks in schools is unconstitutional.

The state attempted to have to the case thrown out last week by saying the parents behind the lawsuit had no grounds. However, the Leon County judge presiding over the case ultimately disagreed, refusing to dismiss the case. He stated that the parents’ arguments were valid based on the heightened risk of kids contracting the highly contagious delta variant, and the fact that these children are still too young to get the vaccine.

Parents from all over the state, including Hillsborough and Pinellas counties, decided to go against the Governor Ron DeSantis after he handed down his executive order last month. 

The lawsuit claims that refusing to let districts mandate masks without an opt-out option violates the section of the constitution that calls for "uniform, efficient, safe, secure and high-quality system" of public schools.

PREVIOUS: Judge won’t dismiss parents' lawsuit over Florida governor's school mask-mandate ban

The parents said that with most of their children ineligible to get vaccinated, there’s concerns for their safety. They believe the decision of whether to mandate masks should be left up to local districts based on what’s happening in the community. However, the governor says it’s still a decision that he believes should be left solely up to the parents

This all comes as school districts across the state continue to defy the governor’s executive order as half a dozen Florida schools now require masks for their students without an opt out option. Hillsborough County and Sarasota County joined the growing list last week, with Leon County becoming the latest district to enforce a mandate for students

MORE: Schools in Florida's capital city defy governor, impose mask mandate

The state’s fourth-largest district, Orange County, could enact their own mandate this week as well despite the state’s continued threats that districts who defy the governor’s order could have top officials removed from their position or see their pay slashed.

Arguments in Leon County will get underway is starting Monday morning. The judge stated that he wanted to hear evidence presented from both sides but says he could make a decision by Wednesday at the latest. 

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