Mandate Expected To Remain In Effect Through Much Of 2021. Now Covers Palm Beach County Resident Donald Trump.
BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2021 MetroDesk Media, LLC) — Attorneys representing the so-called Palm Beach County “anti maskers” are asking the Florida Supreme Court to review the case they have already lost twice.
Palm Beach County Circuit Judge John Kastrenakes ruled against the group earlier this year, saying the Palm Beach County mask mandate is constitutional. The Fourth District Court of Appeals agreed, writing:
“Appellants’ sole argument on appeal fails because they did not establish that the County’s emergency order mandating the wearing of face coverings intrudes on their constitutional right to refuse medical treatment. The mask mandate is directed to protecting the health, vis-àvis the coronavirus, of people in the proximity of the mask wearer, with facial coverings providing a “mitigating measure” to help prevent the respiratory droplets coming from the mask wearer’s mouth or nose from traveling in the air and “onto other people.” With no viable constitutional claim having been raised by Appellants’ arguments, we conclude that the trial court properly subjected Appellants’ claim to rational basis review in determining that EO-12’s facial covering mandate “has a clear rational basis based on the protection of public health.” Consequently, the trial court’s order denying Appellants’ Verified Emergency Motion for Temporary Injunction is affirmed.”
Attorneys representing the “anti-maskers” told BocaNewsNow.com on Wednesday that this request was just filed with the Florida Supreme Court:
“NOTICE IS GIVEN that Plaintiffs/Petitioners, JOSIE MACHOVEC, CARL HOLME, KAREN HOLME, RACHEL EADE, and ROBERT SPREITZER, invoke the discretionary jurisdiction of the Florida Supreme Court to review the decision of this Court rendered on January 27, 2021. The decision is within the Supreme Court’s discretionary jurisdiction because it expressly construed a provision of the Florida Constitution.”
It is unclear how long it will take for the Florida Supreme Court to respond.
The Palm Beach County mask mandate — an executive order — went into effect as COVID took hold of the region. It remains in effect. The mandate is expected to be renewed continuously through much of 2021 — at least until health officials believe herd immunity has been reached through vaccinations.
Former President Donald Trump, now a Palm Beach County resident, is required to wear a mask as part of the executive order. His club, Mar-a-Lago, could face fines if guests are seen without masks.
The legal filing is below. If you are reading in a news app and it does not appear, click here.
Notice-To-Invoke-Discretionary-Juris.-To-Supreme-Court
