Florida Judges Declare Mask Mandate Unconstitutional

Are you shocked or surprised that this bit of news has received little coverage? Attorney Jeff Childers struck a blow for freedom in Alachua County, Florida.  Alachua County is home to Gainesville, which is where the University of Florida is located.

Childers represents Justin Green, owner of a plant nursery, who brought suit last March after Alachua County commissioners passed an order that required all employees and customers in Alachua to wear masks in businesses. Green lost his initial foray into court, but he appealed.

Jeff Childers, on behalf of Green appealed and the Judges in the First District ruled:

Governmental mask mandates in the 32 counties in the First District of Florida must now be presumed to be unconstitutional after yesterday’s ruling by the First District Court of Appeals (1st DCA) on a lawsuit brought by business owner Justin Green against Alachua County.

The lawsuit was originally filed on May 8, 2020, only days after Robert “Hutch” Hutchinson, then-Chair of the Alachua County Commission, instituted a county-wide mask mandate. Eighth Judicial Circuit Judge Donna Keim denied a request for an emergency injunction on May 21.

Jeff Childers talks about his mask victory with Howie Carr:


This appears to be the first case in the United States where a mask mandate is declared unconstitutional.

You can read the full ruling here.

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15 Responses to Florida Judges Declare Mask Mandate Unconstitutional

  1. Fred says:

    “The right to be let alone by government does exist in Florida, as part of a right of privacy that our supreme court has declared to be fundamental…..”

    I suspect that mandatory covid vaccinations our going to be next.

  2. BillWade says:

    There’s still a surprising amount of people still wearing masks here in SW Florida. On a more pleasant note, restaurant workers are increasingly mask less.

  3. Sam says:

    Where were these judges when governors, county and city officials were issuing rules and mandates that affected the personal lives of citizens arguably against the constitutional rights of citizens? Why didn’t legislatures and Congress pass new laws?

    What we saw was a naked exercise of power and the American people demonstrated to the world that they’re not what their forefathers were. We’re an easily fearful, largely woke society.

    This North Korean refugee who’s lived and escaped from a totalitarian society gets how far we’ve fallen. And how our top educational institutions have become indoctrination centers.



    Fascism is the merger of state and corporate power.

    But you won’t ever see “ANTIFA” outside Lockheed Martin.


    The consolidation of market power over decades under both Democrats and Republicans and even MAGA Trump and the merging of the national security state, Big Government and Big Business should be obvious to anyone who can see through the fog of propaganda. The pandemic has made it plain, as we saw the naked exercise of power. From obfuscating the origins of the virus that included collusion and orchestration among top government health officials, key virology researchers and the lead scientific publications, to fanning the flames of hysteria and the hammer of draconian rules that favored Big Business and the urban professional class. The fascists are in the catbirds seat as the “right” name call the “left” as marxists, while the “left” name calls the “right” as racists. Totalitarianism is already here in the USA we’ve just yet to recognize it.

    • Carey says:

      Agree 100%, Sam, most especially to your last sentence.

    • Deap says:

      Good time to re-watch Steve Bannon and Andrew Breitbart documentary “Occupy Unmasked” – Occupy Wall Street (OWS) had many of the same background players, who stayed out of sight but provided support and pulled the strings for their own agenda.

      This investigative film was made after the 2008 financial market collapse which had exposed some surprising fault lines in US “wealth distribution” -i.e.: public sector employees were making a heck of a lot lot more than private sector employees.

    • TV says:

      You’ve got that right.
      Replace the National Anthem with “Baaaaaaaaaa.”

  4. TV says:

    Let’s hope that this doesn’t get to the US Supreme Court.
    Those hacks in black will, no doubt, be calling the White House and probably even Fauci for advice on how to rule.

  5. Keith Harbaugh says:

    There is a major development in the intersection between the medical establishment and the “anti-racism” left wing.
    The once august AMA has gone way left.

    Speaking out against structural racism at JAMA and across health care

    MAR 10, 2021
    James L. Madara, MD
    CEO and Executive Vice President
    We have heard from many in our physician community and beyond this past week who expressed anger, hurt, frustration and concern about a harmful podcast that was posted on the JAMA Network™ and the AMA Ed Hub™, along with the tweet that promoted it. They both minimized the effects of systemic racism in health care and questioned its profound impact on millions of people across our country.

    To be clear, structural racism exists in the U.S. and in medicine, genuinely affecting the health of all people, especially people of color and others historically marginalized in society. This is not opinion or conjecture, it is proven in numerous studies, through the science and in the evidence.

    How Structural Racism Works — Racist Policies as a Root Cause of U.S. Racial Health Inequities

    Troubling podcast puts JAMA, the ‘voice of medicine,’ under fire for its mishandling of race

    Other problems [some] cite include
    editors asking authors to scrub the term racism from their manuscripts even as
    they publish other manuscripts that include outdated and racist notions, such as the idea that genetic and not social factors may explain the higher rates of Covid-19 death and hospitalization among people of color.

    Boyd said researchers need to do a better job of defining race, specifying the reason they use it in studies, refraining from using genetic definitions of race that are not grounded in science

    That last really got me.
    Genetics IS a science.
    How “genetic definitions of race” not be grounded in science?

    The left really is misusing the term science.
    They deny and stmy true, fact and reality based science, while calling their left wing theories, which are often actually a form of religion, science.

  6. Deap says:

    AMA is nothing more than a trade organization living off tax dollar funded “health” distribution dollars – or socialized medicine to some. AMA has stood for nothing once Medicare put virtually unlimited amounts of “free” money on the table – just waiting to be picked up.

    One more idea that was very good in its intent and early implementation- but soured badly in its long term execution. As doctors now readily admit, first they were against it but then realized this made them very wealthy practitioners.

    • Eric Newhill says:

      Doctors don’t earn their Medicare $s?

      Maybe seniors’ healthcare should be contracted out to the lowest bidder; no medical license needed. Internal medicine, heart surgery, auto mechanics; what’s the difference? A valve is a valve, right?

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