lawsuit

During a two-day hearing, Administrative Law Judge Brian Newman heard testimony from witnesses called by attorneys for the state and the districts challenging rules on student masking.

State Rep. Carlos Guillermo Smith and the Florida Center for Government Accountability filed the lawsuit after the Department of Health rebuffed requests for daily information about COVID.

The two-day trial kicked off in Tallahassee with the districts arguing the health department overstepped its authority and the state saying those claims are overblown.

The state asked an administrative judge to toss the challenge by six school boards. The court is slated to hear the case Thursday morning.

The lawsuit claims the university should refund fees to students forced to learn remotely last year. It is one of numerous similar lawsuits filed against universities and colleges across the state.

Attorneys for the Florida Department of Health said in a motion that Miami-Dade, Broward, Orange, Duval, Alachua and Leon counties do not have legal standing to challenge the rule.

Bead Abode argues that the law violates the First Amendment and is seeking an injunction to block it.

Attorneys for the DeSantis administration wrote in a brief that the law is an “economic regulation that does not implicate” the First Amendment.

The parents want the 11th Circuit Court of Appeals to overturn a judge's refusal to issue a preliminary injunction against Gov. DeSantis' executive order, which they claim violates the ADA and federal Rehabilitation Act.

The judge cites that disabled children “require unique solutions” after an attorney for the parents pointed to a revised state rule that eased restrictions on students exposed to COVID-19.