ORLANDO, Fla. – A group of Florida parents who have children with disabilities has resubmitted a lawsuit to try and reverse Gov. Ron DeSantis’ ban on mask mandates in schools.
The parents sued the state last year over the ban, saying it unfairly jeopardized the health of their children. In the lawsuit, two Central Florida families were plaintiffs in the lawsuit, including students who attend Volusia County and Orange County schools.
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The children in the lawsuit all have individualized education plans due to their medical conditions and are at higher risk of severe cases of COVID-19, according to attorneys for the families.
A federal appeals court panel of judges dismissed the suit, saying the case was moot since the state legislature had passed a law in November that codified DeSantis’ earlier executive order.
They filed an updated complaint Monday, saying the omicron variant is spreading rapidly and their children are not qualified to get a booster yet.
“This Omicron variant was expected, as well as the cyclical patters in COVID-19 infections. While private entities and local governments are increasing protections for their customers and residents, Florida’s schools, including the School Board Defendants, have been hobbled in their duty to protect students, including the most vulnerable students with disabilities, by the State Defendants herein,” the updated complaint says.
They also point out that schools require masks for adults, but not for children.