HOLMES BEACH – After a sharp decline in positive COVID-19 cases in Manatee County schools, the county’s school mask mandate has been allowed to expire.
As of Oct. 29, when the mandate expired, only two cases of coronavirus were reported among students in the county schools, with no cases among staff. Anna Maria Elementary School reports no current cases among students or staff, with 13 student cases and no staff cases reported since school began on Aug. 10.
As the 2021-22 school year got underway, so did the Delta variant of COVID-19, and the school district saw more positive cases than before the vaccines were available. In response, the Manatee County School Board took action and enacted the now-expired temporary mask mandate. The mandate was passed on Aug. 16, just one week after students returned to school on Aug. 10.
On Aug. 24, the board voted 3-2 to extend the mandate, which included an opt-out clause for any student who did not wish to wear a mask. The mandate differed from those in nearby Sarasota and Hillsborough counties that did not have opt-out clauses, putting them in violation of Gov. Ron DeSantis’ ban on such mandates.
The school board approved a motion that would allow the superintendent to remove the mandate if the 7-day COVID-19 positivity rate in Manatee County reached 8% or less. Otherwise, the mandate was set to expire on Oct. 29. The most recent positivity rate was 2.57%, according to the Centers for Disease Control (CDC).
As cases have fallen to almost zero in Manatee County schools, it was expected that the school board would not extend the mandate, and it was not extended at the board’s Oct. 29 workshop. The issue could be brought up at the next board meeting, however.
Since the first day of school, there have been 2,576 student COVID-19 cases and 374 staff cases in the county. One month into the 2021-22 school year, there were more than 300 cases in a single week in Manatee County, and more than 1,000 cases by the end of August. Those numbers haven’t been above 75 cases per week for the past month.
Another factor that may keep things moving in the right direction is the recent approval of vaccines for children between 5 and 12 years of age. The vaccination rate is currently 62.7% of eligible county residents.
The CDC continues to recommend masks in schools and social distancing whenever possible.
HOLMES BEACH – For the first time since the start of the 2021-22 school year, Anna Maria Elementary has not reported any positive COVID-19 cases among students or staff for two consecutive weeks.
AME remains one of only two schools in Manatee County that has not reported any COVID-positive staff since the beginning of the year, and student cases remain among the lowest in the county at 12.
The numbers are dropping throughout the county, which has seen a total of 2,401 student cases and 355 staff testing positive since the beginning of the school year. As of Friday, Sept. 24, there were only nine students and nine staff reporting a positive COVID-19 status in the county.
The School District of Manatee County has a mask mandate, but since there is an opt-out clause, it is not in violation of Gov. Ron DeSantis’ ban on mask mandates. Florida’s newly-appointed Surgeon General, Dr. Joseph Ladapo, signed new protocols on Sept. 22 allowing parents to decide whether their children should quarantine or stay in school if they are asymptomatic after being exposed to someone who has tested positive for COVID-19.
In terms of quarantine rules, Ladapo eliminated previous mandates requiring students to quarantine for at least four days off-campus if they’ve been exposed. Under the new guidelines, students who have been exposed can continue going to campus “without restrictions or disparate treatment” provided they are asymptomatic.
COVID-19 procedures in Manatee County schools
All students and employees who are sick or who have symptoms will be sent home until they are symptom-free.
Temperature checks will be taken daily for all employees and randomly for students.
Reinforce and practice proper handwashing techniques among students and staff.
Provide and encourage the use of hand sanitizer that contains at least 60% alcohol.
Deep clean and disinfect schools and school buses daily, or in between uses as needed.
Make every effort to social distance as much as possible in schools.
District employees visiting schools, other than their own, must wear masks during the school day.
Provide plastic shields in elementary classrooms and cafeterias where possible.
All employees will answer COVID-related questions daily upon arriving at work.
Limit non-essential visitors and volunteers to school campuses.
Everyone eligible to be vaccinated is strongly encouraged to get vaccinated.
HOLMES BEACH – For the first time since Manatee County schools began reporting positive COVID-19 cases among students and staff, Anna Maria Elementary reports no new cases among either students or staff for the week of Sept. 13-17.
AME remains one of only three schools in the county that have had no staff members test positive since the beginning of the school year on Aug. 10. Although the number of positive cases among students is one of the lowest in the county, until last week there had been at least one student case each week with a total of 12 AME students testing positive for COVID-19 since the start of the 2021-22 school year.
Countywide, 2,644 students and staff have reported positive COVID-19 cases since the start of school.
While Manatee County schools continue to report COVID-19 cases, the Florida Department of Health stopped reporting detailed statistics, including cases by zip code, in June. As a result, Florida Rep. Carlos Guillermo Smith (D-Orlando) and the Florida Center for Government Accountability filed a lawsuit on Aug. 30 in Leon County Circuit Court against the department, alleging it violated public records laws by ceasing to provide detailed data about the COVID-19 pandemic.
The department posted detailed daily reports on COVID-19 cases on its website until Gov. Ron DeSantis ordered a change in June. The site then began posting weekly information focused more on vaccination rates.
Meanwhile, the subject of mask mandates in Florida schools remains a heated topic. The School District of Manatee County’s mask “mandate” contains an opt-out clause, but Florida Gov. Ron DeSantis has already made good on his threat to withhold funds from districts that have mask mandates without an opt-out clause. Since school board members are not paid by the state, the governor’s plan is to withhold an amount of money equal to the salaries of the board members and superintendent’s salaries in the particular district in question.
Florida Agriculture Commissioner Nikki Fried announced last week that she was working with the White House to find a way to support schools that challenge the governor’s order.
“I’m so grateful to President Biden for responding to our appeal for supplemental funding for Florida schools and protecting the rights of our local school districts,” Fried said. “My office and I have been working with the White House to find ways to support school districts that have had their funding threatened by our Governor’s unconstitutional effort to prohibit them from following public health guidelines.
“There is a large pot of money that was allocated to our state through the American Rescue Plan that has not yet been distributed,” Fried said, “and we are working with the Biden Administration to see if this funding could be used to help schools and teachers who are standing up to do the right thing.”
The governor’s ban was blocked on Aug. 27 by Leon County Circuit Court Judge John Cooper, but Florida’s 1st District Court of Appeal in Tallahassee ruled on Sept. 10 to uphold the governor’s ban on mask mandates in schools.
Currently, 13 counties have defied the governor’s order by implementing mask mandates that do not have an opt-out clause, including Sarasota and Hillsborough locally.
COVID-19 procedures in Manatee County schools
All students and employees who are sick or who have symptoms will be sent home until they are symptom-free.
Temperature checks will be taken daily for all employees and randomly for students.
Reinforce and practice proper handwashing techniques among students and staff.
Provide and encourage the use of hand sanitizer that contains at least 60% alcohol.
Deep clean and disinfect schools and school buses daily, or in between uses as needed.
Make every effort to social distance as much as possible in schools.
District employees visiting schools, other than their own, must wear masks during the school day.
Provide plastic shields in elementary classrooms and cafeterias where possible.
All employees will answer COVID-related questions daily upon arriving at work.
Limit non-essential visitors and volunteers to school campuses.
Everyone eligible to be vaccinated is strongly encouraged to get vaccinated.
HOLMES BEACH – While the Delta variant of COVID-19 continues to cause cases to soar, Anna Maria Elementary has made it through the first month of school with no staff testing positive and 12 positive student cases.
Of the 52 schools in Manatee County, Anna Maria Elementary is one of only four schools that have had no staff cases. Student cases also are among the lowest in the county.
While Manatee County has a school mask mandate, students may opt out for any reason, making the “mandate” more of a request than a rule. In contrast, nearby counties including Sarasota and Hillsborough only allow students to opt out for medical reasons.
Florida Gov. Ron DeSantis has banned mask mandates, threatening to withhold funding from districts that violate the order and require masks, but 13 Florida school districts have implemented mask mandates without a parental opt-out in defiance of the governor.
Florida’s 1st District Court of Appeal ruled on Sept. 10 to uphold the governor’s ban on mask mandates in schools.
COVID-19 procedures in Manatee County schools
All students and employees who are sick or who have symptoms will be sent home until they are symptom-free.
Temperature checks will be taken daily for all employees and randomly for students.
Reinforce and practice proper handwashing techniques among students and staff.
Provide and encourage the use of hand sanitizer that contains at least 60% alcohol.
Deep clean and disinfect schools and school buses daily, or in between uses as needed.
Make every effort to social distance as much as possible in schools.
District employees visiting schools, other than their own, must wear masks during the school day.
Provide plastic shields in elementary classrooms and cafeterias where possible.
All employees will answer COVID-related questions daily upon arriving at work.
Limit non-essential visitors and volunteers to school campuses.
Everyone eligible to be vaccinated is strongly encouraged to get vaccinated.
HOLMES BEACH – As COVID-19 cases continue to rise, the Manatee County School Board voted 3-2 on Aug. 24 to extend a temporary mask mandate it passed on Aug. 16 requiring all students and staff to wear masks on campus.
The mandate includes an opt-out clause requiring parents to fill out an online form if they do not want their child to wear a mask.
Staff members also may opt out of the mask mandate.
The school board also approved a motion that would allow the superintendent to remove the mandate if the 7-day COVID-19 positivity rate in Manatee County is 8% or less. Otherwise, the mandate expires on Oct. 29.
When the Aug. 16 meeting was held, there were fewer than 700 cases of COVID-19 in Manatee County schoolchildren and fewer than 200 cases among staff. Anna Maria Elementary had reported two student cases of COVID-19 at that time.
Since then, the numbers at Anna Maria Elementary have risen to six students since the first day of school on Aug. 10 and 1,337 students countywide. Staff COVID-19 cases are currently at 220 countywide.
While mask mandates are illegal under Florida law, some school districts have passed them despite Gov. Ron DeSantis’ warning that state funds can be withheld from those districts. Nearby districts that have passed mandates without opt-out clauses include Sarasota and Hillsborough. So far, no action has been taken by the state against the districts.
COVID-19 procedures in Manatee County schools
All students and employees who are sick or who have symptoms will be sent home
until they are symptom-free.
Temperature checks will be taken daily for all employees and randomly for students.
Reinforce and practice proper handwashing techniques among students and staff.
Provide and encourage the use of hand sanitizer that contains at least 60% alcohol.
Deep clean and disinfect schools and school buses daily, or in-between uses as
needed.
Make every effort to social distance as much as possible in schools.
District employees visiting schools, other than their own, must wear masks during the
school day.
Provide plastic shields in elementary classrooms and cafeterias where possible.
All employees will answer COVID-related questions daily upon arriving at work.
Limit non-essential visitors and volunteers to school campuses.
Everyone eligible to be vaccinated is strongly encouraged to get vaccinated.
HOLMES BEACH – Only 10 days into the 2021-22 school year and as the debate over mask mandates and mandatory staff vaccinations heats up, Anna Maria Elementary has reported two confirmed cases of students testing positive for COVID-19, according to the School District of Manatee County.
Two cases of COVID-19 were reported at AME last school year; one in November 2020 and one in February 2021.
The Manatee County School Board issued a temporary mask mandate on Monday, Aug. 16 requiring all students and staff to wear masks while on campus. The mandate expires on Aug. 25 and it is expected the board will consider extending it during its Tuesday, Aug. 24 meeting. Since the board included an opt-out clause in the mandate, any student or staff member who doesn’t want to wear a mask doesn’t have to, making it essentially meaningless.
Currently, Manatee County is reporting 682 students testing positive and 143 staff cases countywide. There were 130 new cases as of Friday, Aug. 20, the second week of school, up from 178 total staff and student cases at the end of the first week of school, a 363% increase.
Sarasota County passed a mandate without an opt-out clause on Friday, Aug. 20 during a special board meeting. Sarasota County reports 778 student COVID-19 cases since the start of the school year and 168 cases of staff members testing positive. DeSantis remarked that the mandate was illegal while speaking at Manatee Memorial Hospital in Bradenton the following day.
Recently, the Hillsborough County School Board voted to have a mandate with no opt-out clause that is in effect through Friday, Sept. 17. The mandate is illegal under state law and drew the attention of Gov. Ron DeSantis, who said, “The forced masking of schoolchildren infringes upon parents’ rights to make health and educational decisions for their own children.”
UPDATED MAY 30, 2021 at 10:44 a.m. – A unanimous vote by the Manatee County School Board Friday morning will end the district’s mask policy. The board published a notice of intent to change the mask policy on April 30 but had to wait 28 days to make it official to stay in compliance with the board’s bylaws. Although the 2020-21 school year has ended, the decision will mean masks will be optional for summer classes, as well as FOR the 2021-22 school year.
ANNA MARIA – Ever since Gov. Ron DeSantis signed an executive order earlier this month that suspended all local COVID-19 emergency orders and related public health restrictions, it’s been left up to local government and school boards about how to proceed with their individual restrictions.
Anna Maria Elementary is the only public school on the Island, so it has been of particular interest to not only parents and faculty, but also area residents who are eager to see how COVID-19 will be handled at the local level.
According to Anna Maria Elementary Principal Jackie Featherston, students and faculty will continue to wear masks for the remainder of the school year, which is only a few more days; the last day of school is May 27.
“May 25, the school board meets and will specifically address how they will move forward for the 2021-2022 school year. I hope it will be a choice to wear a mask next year,” said Featherston.
The school has had two positive COVID-19 cases. The first was in November of 2020, and the second was February of this year. According to Featherston, both situations required a 14-day teacher quarantine. In the event of a kindergarten or pre-K case of COVID-19, the entire class, as well as the teacher would be required to quarantine for the same duration.
Students were given the option of virtual learning this year, but Principal Featherston said very few did so.
“Eighty percent of students were back in the classroom at the start of the year in August, and by the end of the Christmas break, the number was up to 90%. The students were anxious to get back to normal,” said Featherston.
On Thursday, May 20, Dr. Anthony Fauci said he believed President Joe Biden’s goal of 70% of adults getting at least one dose of the vaccine will be reached. Fauci also said that it’s conceivable for middle schools and high schools to be completely mask-free in the fall. Since children under 12 have not yet been approved to get the vaccine, he did not specifically address that age group.
ANNA MARIA ISLAND – For the first time since March 17, restaurants and bars on and around Anna Maria Island and throughout Florida can operate at 100% capacity.
During Friday’s press conference in St. Petersburg, Gov. Ron DeSantis announced that Florida was immediately entering Phase 3 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery.” DeSantis’ announcement was accompanied by Executive Order 20-244, which also suspends locally imposed fines or penalties for violations of COVID-19 regulations or restrictions, including face-coverings mandates.
“This order suspends the collection of fines and penalties associated with COVID-19 enforced upon individuals,” DeSantis states in the order. “Nothing in this order preempts or supersedes a non-COVID-19 municipal or county order.”
During Friday’s press conference, DeSantis said, “For restaurants, there will not be limitations from the state of Florida. There have been some local closures and other types of restrictions. The order I’m signing today will guarantee restaurants can operate a minimum of 50% regardless of local rule.”
There have been no local restaurant or bar capacity regulations imposed on Anna Maria Island or in Manatee County beyond those previously imposed by DeSantis and the Florida Department of Business and Professional Regulation.
DeSantis said the restaurant industry has worked hard to provide safe environments for patrons.
“They take this obligation seriously. They want customers to have confidence, so they have every incentive to do that going forward,” he said.
“In the state of Florida, every business has an opportunity and the right to work. You can’t say no after six months and just have people twisting in the wind,” DeSantis said, noting there may be instances where “reasonable” local restrictions remain.
“No COVID-19 emergency ordinance may prevent an individual from working or from operating a business,” his order says.
“The beginning of July was the peak of infections – between July 7th and July 14th – and it’s kind of gone down ever since. The hospitalizations peaked on July 21st. COVID-positive hospitalizations are down 76% since the July peak,” DeSantis said.
He said sports and entertainment venues can operate without state-imposed COVID restrictions.
Regarding the Tampa Bay Buccaneers, DeSantis said, “I very much support the Bucs having fans. Outdoor transmission has not been a major factor. I also want to show we’re going to be able to host a Super Bowl in February. We expect to do a full Super Bowl.”
On Saturday, the Bucs announced a limited number of fans would be allowed to attend home games beginning with a soft opening on Oct. 4 and increasing to approximately 25% capacity on Oct. 18.
DeSantis also mentioned the music industry.
“We have musicians. They should be able to play, particularly these outdoor venues. You can do it and you can do it safely. We want to make sure they have an opportunity. I think you can get to yes on all of this stuff and there’s certainly no legal prohibition for them doing fans,” DeSantis said.
When asked about mask mandates, DeSantis said, “As an act of executive grace, all outstanding fines and penalties that have been applied against individuals are suspended. I think we need to get away from trying to penalize people and just work with people constructively.”
He also said, “The fact that you continue to move forward with the economy doesn’t mean the virus disappears. It’s something we’re going to have to deal with. But doing that from a fetal position – where society flounders, people are out of work, kids aren’t in school – that is not going to work and that’s not the way forward for us.”
Sen. Bill Galvano, R-Bradenton, said the state of Florida’s revenue collections for the month of August were $177 million more than post-pandemic estimates.
“We are already on the path to recovery and what the governor’s doing here today is just going to continue that path, and perhaps accelerate it,” Galvano said.
Local mask mandates preempted by state
When contacted Friday afternoon, Anna Maria Mayor Dan Murphy said DeSantis’ order renders the city’s emergency face-covering order unenforceable and the local order would be allowed to expire on Tuesday.
“What’s the purpose of having a mask order in place if there’s no penalty for a violation? There is no purpose,” Murphy said.
Anna Maria’s emergency face-covering order carries a $50 fine, but no fines had been issued in Anna Maria.
“I hope it’s the right thing to do. I truly support businesses reopening. The economy, and particularly the restaurant business, has taken a terrible hit as a result of COVID-19. People are out of work and businesses are failing. I don’t want this in our city, but on the other hand, it seemed reasonable to request people wear masks. Now it appears there’s nothing we can do if they refuse. I think the economy will determine whether this is the right move or the wrong move and people will decide whether they want to go to a restaurant or not,” he said.
Anna Maria resident Bob Carter expressed concerns about the reopening order.
“As a resident of Anna Maria – a resort town where 70% of the houses are rentals – the infection risks are elevated with thousands of tourists in and out every week. With no fines, restaurants at 100% capacity and unmasked bars and restaurants can quickly become infection centers. I hope each city and each establishment owner considers keeping precautions in place to protect employees and patrons,” Carter said.
When contacted Friday, County Administrator Cheri Coryea was asked what impact the governor’s order has on the county face-covering mandate – a mandate that currently applies in unincorporated areas of Manatee County, including Cortez, and in cities that did not enact their own face-covering mandates, including Bradenton Beach.
“Because face coverings in the county are only required if you are unable to social distance 6 feet apart or more, and not while dining, it shouldn’t have an impact,” Coryea said.
Enacted on July 27, the county’s face-covering mandate carries a written warning for a first offense, a $50 fine for a second offense, a $125 fine for a third offense and a $250 fine for subsequent offenses. Those fines are now suspended per DeSantis’ order.
The authority to extend or repeal the county’s face-covering mandate in the wake of DeSantis’ order lies with the county commission.
Regarding DeSantis’ reopening order, Coryea said, “This should be most impactful to laid-off employees of the restaurant industry. I’m glad to see these folks able to return to work. Manatee County’s COVID-19 cases appear to be in a leveling off period – not much movement up or down in the last 30 days. As seasonal residents begin to return, opening up the capacity of restaurants while still using smart social distancing and sanitizing brings employees back to work and supports a needed boost to the local economy. Today’s number of unemployment claims for Manatee County reached over 36,660. We will know in about two weeks how impactful this change was.”
Business community reacts
DeSantis’ decision produced mixed reactions from the business community.
When contacted Saturday, Island Time General Manager Michael Davis said the Bradenton Beach establishment was operating at 100% capacity again.
Island Time Bar and Grill in Bradenton Beach is operating at 100% capacity again. – Joe Hendricks | Sun
“Business is picking up. We’re seeing more volume today and we’re getting the NFL Ticket back tomorrow,” Davis said.
The Drift In is also operating at 100% capacity.
“I feel better not having to be the mask police and sending customers away because we were at our full 50% capacity. Staff will continue to wear masks until the Manatee County mandate changes,” manager Doreen Flynn said.
Sports Lounge bartender Patrick Edwards said, “We still require you to wear a mask when you walk in the door. We are at full capacity now. We do encourage social distancing and no longer have to sell food. So far those are the only changes that have been made.”
This quartet enjoyed a game of foosball at the Sports Lounge Friday night. – Joe Hendricks | Sun
Bridge Tender Inn owner and retired physician Fred Bartizal expressed mixed feelings.
“It is a mistake at this time. It is good as a businessman, but bad as a physician,” he said of DeSantis’ order.
In Anna Maria, Ginny’s and Jane E’s café and coastal store owner Paul Foster said, “We are still requiring masks and social distancing. No change there. We are still analyzing our occupancy – no changes outside; inside we are going to try to get to 75% capacity. We are going to hang more plexiglass dividers. Our focus is on our customer and staff safety first.”
Chuck Wolfe is the CEO of the Chiles Group that owns and operates The Sandbar restaurant in Anna Maria, the Beach House restaurant in Bradenton Beach and the Mar Vista Dockside restaurant in Longboat Key.
“We have not changed any of our policies. We continue to do outdoor seating only and we still require guests to have masks on when inside the building,” Wolfe said, noting Chiles Group employees will continue wearing masks.
In Cortez, Swordfish Grill General Manager Bob Slicker said, “We are continuing safe social distancing to keep our guests and team safe.”
Phase 3
Gov. Ron DeSantis’ “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” calls for these measures in Phase 3.
Vulnerable populations older than 65 years of age and individuals with a serious underlying medical condition (such as chronic lung disease, moderate-to-severe asthma, serious heart conditions, immune-compromised status, cancer, diabetes, severe obesity, renal failure and liver disease) can resume public interactions, but should practice social distancing, minimizing exposure to social settings where distancing may not be practical, unless precautionary measures are observed.
Non-vulnerable populations should consider minimizing time spent in crowded environments.
Non-essential travel may continue.
Employees should resume unrestricted staffing of worksites and implement the final phasing in of employees returning to work. Employers should take prudent and practical measures to ensure employees do not enter the premises if they believe they are infected with COVID-19 or show symptoms of influenza-like illness.
Employees should resume non-essential travel and adhere to CDC guidelines regarding isolation following travel.
Local government meetings should return to in-person quorum and public participation for local government bodies.
Bars, pubs, and nightclubs that derive more than 50% of sales from alcohol should operate at full capacity with limited social distancing protocols.
Restaurants and food service establishments may operate at full capacity with limited social distancing protocols. Businesses should maintain adequate sanitation practices among employees and patrons during all hours of operation. Menus, if laminated, should continue to be cleaned after each usage. Paper menus shall be designed for single use and then disposed of immediately after use.
Gyms and fitness centers should open to full capacity but should maintain adequate sanitation practices among employees and patrons during all hours of operation.
State parks should be fully opened, including overnight accommodations.
Public beaches: Beaches should remain fully opened.
Large venues: (i.e. movie theaters, concert halls, auditoriums, bowling alleys, arcades, playhouses, casinos) These venues should re-open fully with limited social distancing protocols.
Large spectator sporting events should consider reducing capacity with limited social distancing protocols.
Theme parks may return to normal operations with limited social distancing protocols.
Vacation rentals should resume normal operating procedures but should continue to thoroughly clean and disinfect the property between rentals.
Personal services businesses, such as cosmetology salons, barber shops and nail salons, should operate under full capacity but should consider the following mitigation measures: Continue to maintain adequate sanitation practices for employees and patrons. Remove all unnecessary, frequent-touch items such as magazines, newspapers, service menus, any other unnecessary paper products and décor from customer service areas.
Operators of retail businesses should operate at full capacity but should continue to maintain adequate sanitation practices for employees and patrons.
BRADENTON – Representing Pastor Joel Tillis, attorney and state Rep. Anthony Sabatini (R-Clermont) announced this morning that a lawsuit has been filed challenging Manatee County’s mandatory face-covering resolution.
The lawsuit names Tillis as the plaintiff and Manatee County as the defendant. Tillis is the pastor of the Suncoast Baptist Church in Palmetto.
The lawsuit complaint was electronically filed late Sunday night in the 12th Judicial Circuit Court and publicly announced at 10 a.m. Monday morning during the Unmasking Liberty Rally held in front of the Manatee County Historic Courthouse.
Adopted by a 4-3 County Commission vote on July 27, the face-covering resolution states, “An individual in a business establishment must wear a face covering.”
The resolution provides several exceptions, including one for those who can maintain 6 feet or more of social distancing inside a business.
The resolution’s definition of “business establishment” includes places of worship.
Chief Assistant County Attorney Bill Clague told commissioners the resolution was based on the Leon County ordinance that has already withstood a court challenge.
County Commission candidate George Kruse attended Monday’s Unmasking Liberty Rally. – Joe Hendricks | Sun
The lawsuit seeks emergency injunctive relief and a declaratory judgment. The complaint claims the county resolution is unconstitutional because it violates the privacy, due process and religious freedom clauses in the Florida Constitution.
“Unless an injunction is issued, plaintiff will suffer irreparable harm because his constitutional rights are being violated. Plaintiff seeks declaratory judgment declaring that Resolution 20-116 is illegal and void,” the complaint says.
Lawsuit rally
During Monday’s rally, Sabatini and Tillis addressed approximately 100 mask-less supporters.
Tillis began with a prayer.
“We pray for those that are going through this suffering with COVID-19, but we also pray that your grace would be upon those of us that are suffering the ever-increasing loss of our freedoms,” he said.
Sabatini said, “The mask mandate is illegal because it infringes several parts of the Florida Constitution. We represent a church. Churches should be able to exercise their religion freely. If you want to wear a mask, wear a mask. There’s no controlled study or direct evidence that masks actually work in society.”
Many rally attendees expressed their views with homemade signs. – Joe Hendricks | Sun
Tillis said, “This is not an issue of right or left, Republican or Democrat. This is not even an issue of Trump or Biden. This is an issue of right and wrong.”
He then took exception to churches being defined as businesses.
“They associated the houses of worship somewhere between a Wal-Mart and a Taco Bell and that is unacceptable. We are not a business. And what we stand for is not just for the Christian faith. We stand for all faiths to have their liberty to be able to practice what they believe, apart from interference of the law. This mask resolution effectively interferes with our ability to worship. We also believe that it’s an end-run around rights that were already given to us by the governor. Early on, the governor said churches are essential and this resolution interferes with our essential work in the community. We cannot do our job as ministry under this resolution,” Tillis said.
Additional comments
After his remarks, Tillis was asked about his church services.
“It hasn’t impacted our church because we don’t accept the resolution. We conduct our church as we normally do. We stress that people use whatever precautions they feel necessary in accordance with the CDC guidelines, but we don’t mandate that they do,” Tillis said.
Service and church activities continue as normal at the Suncoast Baptist Church in Palmetto. – Google Maps | Submitted
Sabatini said he’s been involved with 14 mask-related lawsuits in Florida, including his unsuccessful legal challenge in Leon County.
“In my case, a trial court judge disagreed in Leon County. Another judge disagreed with another party similar to ours in Palm Beach County. But until this reaches the Florida Supreme Court there is no definitive law and we’re going to fight this all the way, legally and politically,” Sabatini said.
“When contacted Monday afternoon, County Attorney Mickey Palmer said, “As with all lawsuits against county government, the plaintiff can expect an aggressive defense from the Office of the County Attorney.”
