A battle about the constitutionality of a Leon County ordinance that requires people to wear face masks to try to curb the spread of covid-19 is headed to a state appeals court.
Plaintiff Evan Power, the county Republican Party chairman who is teaming with state Rep. Anthony Sabatini, R-Howey-in-the-Hills, to challenge the ordinance, has filed a notice that he is taking the case to the 1st District Court of Appeal. That notice came after Leon County Circuit Judge John Cooper last week issued a 27-page final judgment rejecting arguments that the ordinance violates a series of constitutional rights, including rights to privacy and due process.
The Leon County case is one of several playing out across the state after local governments passed face-mask requirements to try to address the pandemic. The notice of appeal, as is common, does not detail the arguments that Power and his attorney, Sabatini, will make at the Tallahassee-based appeals court.
Cooper announced at the end of a July 10 hearing that he was rejecting the challenge but did not enter the final judgment until last week. In it, he flatly rejected the arguments raised by Power and Sabatini, writing that the ordinance “is not beyond all question, a plain and palpable invasion of rights secured by fundamental law.”
“The temporary mandate to wear face coverings in public, in limited circumstances, is similar to the other health measures designed to protect the public’s health, safety and welfare. E.g., motorcycle helmet laws, seatbelt laws and prohibitions against smoking in public buildings,” Cooper wrote. “The stated purpose of the emergency ordinance is to limit the spread of this contagious, airborne virus, and the county has provided ample evidence which indicates that face coverings may assist in reducing the spread of covid-19.”
But during the hearing last month, Sabatini described local mask requirements as a “novel step for government to take.” He also drew a distinction between the smoking ban and an ordinance that deals with what people “attach to your face.”
The Leon County Commission passed the ordinance June 23 amid a surge of coronavirus cases in the state. The ordinance requires people to wear masks inside businesses, with some exceptions. Violators can face a $50 civil fine for a first offense, a $125 fine for second offense and a $250 fine for third and subsequent offenses.
Leon County and other local governments have passed such ordinances as Gov. Ron DeSantis has rejected calls for a statewide face-mask mandate.
In the judgment last week, Cooper wrote that it “is clear that the county’s interest in minimizing the spread of covid-19 is a compelling state interest.”
“Florida, including Leon County, has recently experienced a surge of positive covid-19 cases,” Cooper wrote. “The emergency ordinance seeks to temper this rise in positive cases and reduce the transmission of the potentially deadly virus among the county’s citizens. Furthermore, it is clear that the emergency order is narrowly tailored to achieve that interest.”
–Jim Saunders, News Service of Florida
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Steve says
Nothing better to do with time energy resources than to revisit this waste of time appeal.?The people of your County must be so impressed with your own self importance. May you lose again and just put the F’in mask on already. SMH May want to vote these stooges out
Elke says
DeSantis has failed Florida and very bad, or no decisions placed that had the interest of Floridians as priority. He failed his people
White Bronco says
Ya, nobody’s right have been violated, other then requesting that they use a mask in public spaces; otherwise, totally un-eneforced and Nobody has faced any legal recourse over it. Hmm. Blowhards? Yup. Every time. There’s always a handful that need to be important, but never for any cause but their own personal interests. Self advocates. Barf.
Duncan says
I just love how these soon to be Republican rejects are digging their own grave. Less work for anyone with common sense.
LoneRanger says
If you don’t want to wear a mask just stay home. The point isn’t your comfort or stubborn Political bs; it’s doing your part as a decent person to help stop the spread of this virus. Honestly, anyone arguing against public mask wearing is just being a jerk at this point. Get over yourself and wear a dang mask.
Timmy75 says
If you feel threatened by my own refusal to obstruct my breathing, how about YOU stay home, nervous Nancy?
Ron says
Sabatini is bought and paid for by lobbyist. This guy needs to be voted out. It was very relevant this past session. He is working with the vacation rental industry. He believes there is no difference between a typical single family dwelling occupied by a permanent family vs a transient public lodging establishment business operation being run out of a dwelling purposely built for a permanent occupancy. Wake up Florida! Our own Senator Hutson backs these sediments also.
Obedience Muzzle says
Don’t be selfish, put your face diaper on because my health is important.
We’re all in this together…keep your distance.
The Great Leap Forward Fundamental Transformation on steroids courtesy of Covid-1984.
Jane Gentile-Youd says
Masks are ‘not allowed’ to be worn in the Flagler County jail.
I am praying for all those incarcerated who are not serving a ‘death sentence’ to not contract this fast flying evil virus. Even though the jail is owned by Flagler County which has a mandatory mandate for masks in all public buildings, the Sheriff, being a ‘constitutional officer’ apparently can make his own rules and he has,
God help us all if someone contracts the deadly virus and it can be proven it was transmitted in the Flagler County Jail.
I am beyond shocked. How inhumane. The Sheriff’s motto: “An honor to serve; A DUTY TO PROTECT! ” Protect apparently does not apply to the prisoners whose lives are in his hands the entire time they are visiting the ‘Green Roof Inn’.