An administrative law judge Friday sided with the DeSantis administration and against six school districts in upholding the Florida Department of Health rule prohibiting school mask mandates.
Judge Brian Newman said the emergency rule struck the 'right balance.' The rule says parents or guardians have the 'sole discretion' to opt their children out of being required to wear a mask at school.
The challenge was brought by Alachua, Broward, Duval, Miami-Dade, Orange and Leon counties which face state financial penalities for not including the parental opt-out provision in their local school mask mandates.
On Twitter, the governor's press secretary, Christina Pushaw, said the decision by the judge amounts to a 'massive win for parents' rights.'
In his 25-page ruling, Judge Newman said the school boards, 'failed to prove that the emergency rule opt-out provisions facilitate the spread of COVID-19 in schools.'
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