A motion proposing a temporary injunction against a Palm Beach County Emergency Order (EO-12) involving a mask mandate, was denied for review by the Florida Supreme Court on Friday.
The proposal was initially rejected by Florida’s 4th District Court of Appeal in January and sent for the “discretionary jurisdiction” of the Supreme Court in February.
After taking effect on June 25, 2020, EO-12 established a mask requirement for all businesses and establishments, public areas, public transit systems, and county and municipal governmental facilities. According to the Order, “A failure to establish and ensure such compliance may result in fines, penalties, and/or any other enforcement measures against the business as set forth in this order and as otherwise authorized by law.”
Five Palm Beach County residents, Josie Machovec, Carl Holme, Karen Holme, Rachel Eade, and Robert Spreitzer, filed for the injunction days after EO-12 was issued. According to the notice sent to the Supreme Court in February, the plaintiffs argued that such mandate is “an unconstitutional infringement on their right to privacy.” After the court rejected that notion saying the requirement has a “clear rational basis based on the protection of public health,” the opponents then appealed it by arguing that “requiring the general population to use face coverings abridges the constitutional right to refuse medical treatment.”
In response, the appeals court noted that “Appellants have failed to establish that ‘there is a substantial likelihood of success on the merits of their argument that the County’s mask ordinance abridges a constitutional right to refuse medical treatment.” They also compare the mask mandate to Florida’s Clean Indoor Air Act that prohibits smoking in enclosed areas by saying that both are meant to protect others from potential health hazards.
While plaintiffs were awaiting the Supreme Court’s decision to take on the case, Governor DeSantis signed two Executive Orders (EO-21-132 and EO 21-133) on June 16th, 2021, in favor of the plaintiffs’ stance of not enforcing a mask mandate.
Although the case will not be heard by the Supreme Court, the two orders signed by DeSantis grant full pardons for individuals or businesses who are charged with non-violent civil and criminal offenses related to breaking local COVID-19 restrictions as well as waive fees or fines associated with breaking COVID-19 restrictions, as reported by The Florida Capital Star.Â
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Casey Owens is a contributing writer for The Florida Capital Star. Follow him on Twitter at @cowensreports. Email tips to [email protected].Â
