DeSantis’ lawyers argue they “have a high likelihood of success on appeal. Therefore, the trial court abused its discretion in vacating the automatic stay, and this Court should reinstate the stay pending review,” according to a court document.
DeSantis appealed that ruling, leading to an immediate pause on school mask mandates until Cooper’s decision Wednesday, when he wrote, “It’s undisputed that in Florida we are in the midst of a Covid pandemic. Based on the evidence I’ve heard, there’s no harm to the state if the stay is set aside.”
In their motion, attorneys for the governor argued Wednesday that Cooper’s ruling was wrong, as was his reasoning for lifting the stay on mask mandates.
“Presently, there are no active policies in any school district that prohibit students from wearing masks. All of Appellees’ children remain free to wear masks. Maintaining the automatic stay will not prohibit Appellees from masking their children,” the lawyers argued in the 41-page motion.
Attorneys for the parents suing the state have until Thursday night to file their response to the motion.