The six school districts challenging the rule are Miami-Dade, Leon, Duval, Broward, Orange and Alachua. 

According to Jamie, the Florida Department of Health’s latest emergency order does nothing to prevent communicable disease. “A rule that says parents have to have the sole discretion to opt their kids out of a mask mandate does not control COVID,” observed Jamie. “If anything, it results in less children wearing masks, which will result in more spread of COVID.”

“The DOH rule challenged in this petition is actually focused not on controlling COVID-19, but rather on protecting parental rights,” reads the case filed by Jamie, Edward and Richard. “The DOH does not have rulemaking authority in this area and thus exceeded its rulemaking authority.”

The division of administrative hearings has assigned Administrative Law Judge Brian Newman to preside over the rule challenge. A final hearing has been scheduled to begin on October 21, 2021.

To read the full petition, click here. 

Click the links below to see media coverage.

WTXL: https://www.wtxl.com/news/local-news/leon-county-joins-five-other-school-boards-challenging-state-mask-quarantine-rulings?utm_source=rss&utm_medium=rss

WSVN: https://wsvn.com/news/local/miami-dade/m-dcps-to-relax-covid-19-quarantine-rules-for-middle-school-students/?utm_source=rss&utm_medium=rss

WJCT: https://news.wjct.org/first-coast/2021-10-07/duval-school-board-sues-state-over-mask-mandate?utm_source=rss&utm_medium=rss

WOFL: https://www.fox35orlando.com/news/six-districts-challenge-rule-on-masks-quarantines?utm_source=rss&utm_medium=rss

Tallahassee Democrat: https://www.tallahassee.com/story/news/2021/10/07/six-school-districts-including-leon-challenge-florida-rule-on-masks-quarantines/6037810001/?utm_source=rss&utm_medium=rss

Jacksonville News: https://www.jacksonville.com/story/news/education/2021/10/07/duval-school-board-sues-state-health-department-over-mask-mandate-ban/6034787001/?utm_source=rss&utm_medium=rss

Latin Post: https://www.latinpost.com/articles/152291/20211007/florida-school-board-oks-funding-cuts-sanctions-schools-defying-mask.htm?utm_source=rss&utm_medium=rss 

Florida Politics: https://floridapolitics.com/archives/463271-six-school-districts-file-suit-against-states-school-mask-and-quarantine-rules/?utm_source=rss&utm_medium=rss

WFOR: https://miami.cbslocal.com/2021/10/07/six-florida-districts-including-miami-dade-broward-challenge-rule-on-masks-quarantines/?utm_source=rss&utm_medium=rss

WLRN: https://www.wlrn.org/news/2021-10-07/six-florida-school-districts-challenge-rule-on-masks-quarantines?utm_source=rss&utm_medium=rss

The post WSHC+B Files Petition on Behalf of Six School Districts, Challenging State COVID-19 Safety Protocols in Schools appeared first on Weiss Serota Helfman Cole + Bierman.

The previous emergency rule banning universal mask mandates in schools has become moot after Florida’s new surgeon general, Dr. Joseph Ladapo, issued a new emergency rule putting masking and quarantine decisions at the sole discretion of parents.  

The Tampa Bay Times reported that the emergency rule was unveiled to the public in court documents pertaining to a case brought by the school districts in Alachua, Broward, Leon, Miami-Dade and Orange counties. Jamie and Ed, along with firm attorney Richard Rosengarten, are representing the Leon and Miami-Dade School Boards in that matter.

The districts’ challenge to a mask mandate rule ended Wednesday after an attorney representing the state filed a motion to dismiss the case, arguing the case was moot because the new rule had repealed and replaced the earlier challenged rule. The request came two days before the case was set to begin before administrative law judge Brian Newman, who had set aside a week to hear arguments.

The department “did the [new] rule with absolutely no public notice, no hearing, no transparency whatsoever,” observed Jamie. “What is the emergency now that necessitated making this emergency rule?”

Ed raised concerns about the pattern that seemed to be emerging in the state’s approach. 

“What’s going to happen the next time” a legal challenge nears its hearing date, Guedes asked. “Are they going to wait until the last minute and say, ‘Oh, we’ve repealed it and here’s another’?”

If that occurs, he observed, the state agency will have engaged in rule-making in a way that evades judicial review.

Click the links below to see media coverage.

MSN: https://link.edgepilot.com/s/7bf8501c/mghaWBum-EuVJPMmi9GO0g?u=https://www.msn.com/en-us/news/us/florida-issues-new-executive-order-easing-school-covid-rules/ar-AAOIa0p&utm_source=rss&utm_medium=rss

Tampa Bay Times:  https://link.edgepilot.com/s/a99a73ec/thOdU0CUn0WvBTzaT2na4w?u=https://www.tampabay.com/news/florida-politics/2021/09/22/florida-issues-new-executive-order-easing-school-covid-rules/&utm_source=rss&utm_medium=rss

Miami Herald:  https://link.edgepilot.com/s/12881c39/gbnEBWJTVkWsMp7iZ2B7yA?u=https://www.miamiherald.com/news/local/education/article254436773.html&utm_source=rss&utm_medium=rss

The post Jamie A. Cole and Edward G. Guedes respond to new executive order in Florida that eases school COVID rules appeared first on Weiss Serota Helfman Cole + Bierman.

When ABC 27 asked about the Executive Order issued by the Florida Department of Health that gives parents the authority to determine whether or not their child wears a mask at school, Jamie explained that “the Department of Health is only allowed to issue rules to protect against communicable diseases. That portion of the rule does not protect against communicable diseases.”

Jamie continued to explain that parents don’t have a right when it infringes on another parent’s right.

At the time of this interview, the first district court of appeals reinstated Florida’s ability to protect the freedom for parents to decide whether or not their child wears a mask while the court makes their own ruling on the appeal.

The policy in question hinges on how much authority a school district will have going forward on matters of protecting students.

Click here to watch the interview.

The post Jamie A. Cole discusses Leon School Board Mask Mandate Policies with ABC 27 appeared first on Weiss Serota Helfman Cole + Bierman.

After Superintendent Rocky Hanna instituted a temporary mask mandate for students in pre-Kindergarten through eighth grade, Florida Education Commissioner Richard Corcoran said the state will continue to withhold part of the salaries of superintendents and school board members in counties requiring in-school masks with no parental opt-out.

Cole, along with Firm partner, Ed Guedes, and senior associate, Richard Rosengarten, is also representing the School Board of Miami-Dade on similar matters, but Cole noted that Leon County is different because they began the school year by complying with the state’s interpretation of the emergency rule. 

In a letter from Leon County Schools, which Cole assisted in drafting, the district argued it is following the DOH rule based on its language. It stated that to comply with the state’s interpretation of the rule, they would have to ignore CDC guidelines, the Florida state Constitution, and Florida statutes. 

School Board members continue to insist that the issue is broader than masks, that this is a battle for home rule and the right of school districts to protect their own children. 

In an interview with WFSU Public Media, Cole said “I’ve been fighting for home rule for cities and governments. And if the state or the governor and other state agencies are able to force you to do whatever they say and penalize you personally for doing it or kick you out of office for the way you vote—it goes to the heart of democracy and the separation of powers.”

According to Cole, this is a very difficult spot to be in and school board members are doing what they believe is right for the safety and health of their students. 

Click the links below to see media coverage.

Tallahassee Democrat: https://www.tallahassee.com/story/news/2021/09/02/leon-school-board-unanimously-votes-hire-lawyer-fight-desantis/5693841001/?utm_source=rss&utm_medium=rss

WCTV: https://www.wctv.tv/2021/09/03/leon-county-school-board-votes-hire-attorney-gearing-up-legal-fight-over-mask-mandate/?utm_source=rss&utm_medium=rss

WTXL: https://www.wtxl.com/news/local-news/lcs-hires-lawyer-responds-to-corcorans-grave-concerns?utm_source=rss&utm_medium=rss

WTXL: https://www.wtxl.com/news/local-news/lcs-board-takes-extra-steps-to-strengthen-defense-against-corcoran?utm_source=rss&utm_medium=rss

The Famuan: http://www.thefamuanonline.com/2021/09/02/leon-county-school-board-hires-firm-in-fight-with-state/?utm_source=rss&utm_medium=rss

WFSU: https://news.wfsu.org/wfsu-local-news/2021-09-02/leon-school-district-lawyers-up-in-preparation-for-potential-lawsuits-over-its-mask-policy?utm_source=rss&utm_medium=rss

The post Jamie A. Cole to Represent Leon School Board on Their Mask Mandate Policies appeared first on Weiss Serota Helfman Cole + Bierman.

The standoff occurring in school districts across Florida over mask mandates could shift into the Florida Legislature as Republicans consider a session to expand the law that allows for the suspension or removal of superintendents who have opposed the Governor’s order forbidding mandatory face coverings to protect against COVID-19. 

“The Legislature cannot come along and suddenly bestow new powers on the Office of the Governor, not when the Constitution specifically speaks to what those removal powers are,’’ said Guedes.

Guedes, who is representing the Miami-Dade County school district, has also asked the Third District Court of Appeal to review the validity of the Aug. 6 Department of Health emergency rule requiring schools to include an opt-out clause in any mask rules they adopt. The Department of Education has invoked the rule in an effort to keep 10 school districts, including Hillsborough County, from imposing mask mandates.

According to Guedes, the Department of Health is supposed to be the agency dealing with communicable diseases and regulating health matters, but its “emergency” rule only offered suggestions on when and how to quarantine and related issues. 

The legal challenges by school districts are expected to continue in state and federal courts, as school boards have asked their attorneys to protect their authority to adopt policies they determine to be in the best health and safety interests of students and staff. 

Click here and here to read the full articles.

The post Edward G. Guedes Discusses the Legal Battles Over School Masks with the Tampa Bay Times appeared first on Weiss Serota Helfman Cole + Bierman.

Chanae will be officially recognized as the Diversity, Equity, and Inclusion honoree during the IMLA’s 86th Annual Conference taking place in Minneapolis, September 29-October 3, 2021.

The post WSHC+B Attorney Chanae L. Wood is the Recipient of the Diversity, Equity, and Inclusion Award at the upcoming IMLA Annual Conference appeared first on Weiss Serota Helfman Cole + Bierman.

To read the Final Judgment, please click here: Final Judgment.pdf

The post Weiss Serota Attorneys Secure Impactful Ruling on Behalf of Local Governments in Florida Firearm Preemption Case appeared first on Weiss Serota Helfman Cole + Bierman.

Under the doctrine of tribal immunity, Indian tribes are subject to suit only where they have waived their immunity or where Congress specifically abrogates their immunity. In his appeal, the appellant claimed that Congress abrogated tribal sovereign immunity by enacting federal legislation that authorized states to regular tribal liquor transactions. The appellant also argued that the Miccosukee waived their claim to sovereign immunity by applying for a liquor license, which required consent by the tribe that the premises to be licensed would be inspected by state authorities to ensure compliance with state liquor laws. By applying for a state liquor license, the appellant argued, the Miccosukee agreed to be bound by Florida law in all respects, including dram shop laws.

The Court rejected the argument that Congress had abrogated tribal sovereign immunity by imposing federal legislation with regard to the regulation of liquor transactions. Instead, the Court held that the federal legislation dealt with the preemption of federal law over state law, not over tribal immunity. In addition, the Court held that the Miccosukee did not waive their tribal immunity simply by applying for a state liquor license.

The doctrine of sovereign immunity remains significant factor for individuals and entities who do business with Florida’s tribes, particularly as Florida considers whether to expand gambling throughout portions of the state that are not controlled by American Indian tribes.

Our Litigation Division, chaired by Partner Matthew H. Mandel, routinely defends governmental bodies against negligence and other tort actions. In addition, our Appellate Practice Group appears before the Fourth and Third District Courts of Appeal on behalf of municipalities and other governmental bodies in tort actions.

You can read a copy of the Opinion here.

Author(s): Brooke P. Dolara

The post Eleventh Circuit Upholds Tribal Immunity for Miccosukee in Dram Shop Case appeared first on Weiss Serota Helfman Cole + Bierman.

On August 17, a County Court Judge in the Tenth Judicial District denied a Motion to Dismiss Red Light Camera Citations on the basis that the movants failed to prove their assertion that the red light camera ticketing program was unconstitutional. Attorneys for the defendants attacked the constitutionality of the red light cameras on numerous grounds, including their assertion that the program violated equal protection. Because the red light camera program did not create a suspect class or deprive drivers of a fundamental right, the Court applied the rational basis test to determine whether the program was constitutional. The Court held that the defendants failed to show that the statutory language was not rationally related to the State’s interest. In a related case decided the same day, the Court ruled that the City of Haines’ contract with American Traffic Solutions (“ATS”) for red light camera services was a valid and legal contract. The Court held that the ATS-Haines City Contract was legal because ATS would be paid a fixed fee based on services rendered and not on a quota system of tickets issued.

WSH attorneys have extensive experience defending municipalities in challenges to their red-light camera systems. Our Litigation Division has represented several South Florida municipalities in red-light camera litigation, including Aventura, Coral Gables, and Hallandale Beach. Our Appellate Practice Group routinely handles constitutional challenges before appellate courts at the State and federal level. In 2011, WSH Partner-in-Charge Michael S. Popok and Partner Edward G. Guedes obtained a favorable decision from the Third District Court of Appeal, which upheld the constitutionality of the City’s red light camera program. The case, Aventura v. Massone, was widely publicized in newspapers and legal blogs in South Florida.

Author(s): Brooke P. Dolara

The post Florida Courts Continue to Side with Municipalities in Red Light Camera Challenges appeared first on Weiss Serota Helfman Cole + Bierman.

The District Court of Appeals for the D.C. Circuit is considered the most important inferior appellate court, in part because it reviews many decisions of federal independent agencies of the United States government, often without prior hearing from a lower federal court. U.S. Supreme Court Justices Clarence Thomas, Antonin Scalia, Ruth Bader Ginsberg, and Chief Justice John Roberts all served on the District Court of Appeals for the D.C. Circuit.

WSH litigators have extensive experience appearing before appellate courts throughout Florida. Our Appellate Practice Group handles dozens of appeals generated by our Litigation Division, and also frequently serves as appellate counsel for our peers. Chaired by Partner Edward G. Guedes, the Group consists of Board-certified experts with a record of success pursuing and defending appeals of final judgments and verdicts and non-final, interlocutory appeals on behalf of public and private sector clients alike. Our attorneys have handled some of the most significant constitutional and government law matters to come before the courts of Florida and the United States.

Author(s): Brooke P. Dolara

The post President Nominates Three Candidates to Influential Federal Appeals Court appeared first on Weiss Serota Helfman Cole + Bierman.