An appeals court Friday said it will hear arguments in a challenge to the constitutionality of an Alachua County order requiring people to wear face masks to try to prevent the spread of the coronavirus.
The Alachua County case, which will be heard Nov. 23 by a panel of the 1st District Court of Appeal, could serve as a test for mask requirements that have been approved in various parts of the state. Opponents have filed a series of lawsuits challenging the requirements, with at least three cases landing at the Tallahassee-based appeals court. Along with the Alachua County case, the other appeals involve Leon and Gadsden counties.
Circuit Judge Donna Keim in May refused to grant a temporary injunction to block the Alachua County order, which requires people at businesses such as grocery stores and restaurants to wear face masks. That prompted plaintiff Justin Green, who operates a nursery business, to appeal.
In a brief filed in June, Green’s attorneys argued, in part, that the order violates privacy and free-speech rights.
“There are less intrusive and more narrowly tailored means available to the county to achieve its goals,” attorneys Seldon Childers and J. Eric Hope wrote. “It could follow the less intrusive orders of other counties that strongly recommend face masks to residents. It could work with the governor or the Legislature to develop an emergency order that passes constitutional muster and is grounded in proper authority. It is a red herring to suggest that a decision in Justin Green’s favor would create any prejudice or damage the health or well-being of Alachua County.”
But county attorneys said in a September brief that Green’s “right to privacy ends where the risk of transmission of disease begins” and disputed that the order is unconstitutional.
“The Supreme Court has specifically recognized that the preservation of life and the protection of innocent third parties are factors properly to be considered in determining the extent of an individual’s right of privacy,” the county’s brief said. “In these circumstances, the county’s obligation to protect the health and safety of its citizens far outweighs plaintiff’s desire ‘to be left alone’ when he ventures from the privacy of his home into public where he places others at potential risk.”
Throughout the pandemic, Gov. Ron DeSantis has rejected issuing a statewide mask mandate. He also issued an executive order in September that suspended collection of fines and penalties related to violations of mask requirements, but that did not prevent local governments from continuing to have the requirements.
In her May ruling, Keim likened the mask issue to other government-approved safety requirements, such as the requirement that motorists wear seat belts.
“The stated purpose for the mask requirement is to limit the spread of this contagious, airborne virus and the BOCC (Board of County Commissioners) has provided evidence which includes substantial data indicating that face coverings may assist in reducing the spread of the virus,” Keim wrote. “Alachua County is responsible for reducing the spread of covid-19 among its citizens and also for ensuring its citizens have access to medical care if they become infected. An individual Alachua County citizen’s right to be let alone is no more precious than the corresponding right of his fellow citizens not to become infected by that person and potentially hospitalized.”
–Jim Saunders, News Service of Florida
LetThemEatCake says
Wear a mask. Don’t be a hypocrite and say life is precious to pregnant women contemplating a life-altering decision that is hers and hers alone but then say, “FU I’m not wearing this POS cloth, die liberals die.” I mean c’mon, either you think all life is worth saving or you can just shut up, your opinion was never relevant and now it is even less so. Want to have a normal life again? Wear a mask. Want to get back to work at your service job? Wear a mask. Want to stop losing people you love unnecessarily? Wear a mask. It’s really not that hard and if you think a mask violates your rights, well you’re violating the rights of others around you when you choose not to wear one. For as long as you need to wear one around people, even someone with asthma like me can handle wearing one on a trip inside the store.
Steve says
C’mon give it up already. It’s a mask not a Chastity belt. The order isn’t forever and may protect others even your own Family. Who is this guy Four Seasons Landscaping where Guiliani had his Press Conference lmao. Maybe if Donnie won this guy wouldn’t be so upset. More time money resources wasted on something so simple give it up already DEAL WITH IT
Jane Gentile-Youd says
Nobody on this planet has a ‘constitutional right’ ( which right do you have – name it if it exists) which gives anyone the right to ‘knowingly’ endanger the health, welfare, safety and LIFE of an other human being.
You don’t want to wear a mask? No problem as long as you don’t shop where I shop, where I eat, or to any enclosed building outside of your home.
I suppose you might also think you have constitutional rights to not wear a seatbelt in a car, to drive at whatever speed you want and even shot someone you don’t like!
The ‘Chinese Virus’ is non partisan. It is about time we had a national mandate to wear masks – … I am a registered Republican.
Eugene Hartke says
NO SHIRT
NO SHOES
NO MASK
NO SERVICE
Gerrard Aissing says
Your right to swing your arms ends when you hit my face. It’s that simple.