Florida appeals court rules mask mandate is unconstitutional
Tuesday June 15, 2021
In April, I wrote a column outlining the constitutional violations of mask mandates and asking why the courts have failed to abide by the line of Supreme Court cases protecting the right to bodily integrity. Well, on Friday a Florida appeals court did exactly that, perhaps in more emphatic language than a Kentucky judge last week.
Although Florida has been largely free of state-based COVID restrictions and never had a mask mandate, several counties, such as Alachua, zealously instituted unconstitutional regulations until fairly recently. In a landmark ruling on Friday, Florida's First District Court of Appeals ruled that a lower court had erred in tossing out the lawsuit against Alachua County's mask mandate because it should be held as presumptively unconstitutional.
"Based on what the supreme court has told us about the scope of article I, section 23, Green (and anyone else in Alachua County) reasonably could expect autonomy over his body, including his face, which means that he was correct to claim an entitlement to be let alone and free from intrusion by Alachua County's commission chairman," Judge Adam Scott Tanenbaum, an appointee of Gov. Ron DeSantis (R), wrote. "The mask mandate, then, implicated the right of privacy. According to Gainesville Woman Care, the mask mandate was presumptively unconstitutional as a result."
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