WATCH: State Rep. Randy Fine Delivers Remarks on Mask Mandates in Brevard Public Schools

By  //  September 3, 2021

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ABOVE VIDEO: State Representative Randy Fine released a new video on Thursday regarding the mask mandates in Brevard Public Schools passed earlier this week by the School Board for Brevard Public Schools.

BREVARD COUNTY, FLORIDA – State Representative Randy Fine released a new video on Thursday regarding the mask mandates in Brevard Public Schools passed earlier this week by the School Board for Brevard Public Schools.

Below is a statement that was also released on Thursday by State Rep. Randy Fine.

The Tallahassee Circuit Court Judge finally issued his ruling he said he would last week which overturned the Governor’s Executive Order banning mask mandates.

Here’s what you should know:

1) Brevard School Board Members Jennifer Jenkins, Misty Belford, and Cheryl MacDougal unquestionably broke the law on Monday when they passed their mask mandate policy. At that point in time, it was illegal, and their attorney told them as much.

2) Had they waited until this evening to have their meeting, their actions would have been legal. At present, a mask mandate is legal in Brevard County (though just because it is legal doesn’t mean it should be done, and I would still oppose it — they just wouldn’t be breaking the law by voting for it).

3) This ruling WILL be appealed. What does this mean? It means the law is not settled. At either the Florida Court of Appeals or the Florida Supreme Court, those judges could state this judge was wrong and reinstitute the Executive Order. At that point it would again be illegal. The Florida Supreme Court gets the final say. It will be interesting to see what these politicians do if one of these courts overturns this lower court decision (which I expect).

4) Even in the meantime, the decision MAY be stayed. If that occurs, then this ruling basically doesn’t mean anything until it is reviewed by a higher court. At that point, a mask mandate would still be illegal.
All of this makes a clear case that the politicians should have waited until the law was settled before passing this student mask mandate.

For those who respond these politicians had to do “something…” given the crush of COVID hospitalizations in Brevard among the unvaccinated, I would again note that NOTHING ever prevented them (legally) from mandating staff masking (which CDC research has shown has an effect, unlike student masking). So next time they tell you “we had to do something,” know that they are blowing smoke.