In this way, the judge ruled that “requiring a mask is within the County’s rights to protect the public during a pandemic and those who oppose the mandate cannot demonstrate that their constitutional rights are violated.”
He then noted that “the right to be ‘free from government intrusions’ does not automatically protect an individual’s behavior from regulation.”
In Palm Beach, as well as Broward and Miami-Dade, there are voices questioning some of the health emergency regulations, such as physical distance, the use of face masks, and the closure of restaurant lounges.
This is the case of four residents of Palm Beach who allege that the county government “infringes their constitutional rights to freedom of expression and privacy.”
The judge based his decision in part on a ruling by the United States Supreme Court, which was issued nearly 100 years ago, which recognizes the power of states to order vaccinations.
Implementing the use of masks is “a reasonable and logical conclusion” as it “better serves residents.”
Represented by attorney Louis Leo IV of the Florida Civil Rights Coalition, the ruling will be formally appealed to the district Court of Appeals.
DIARIO LAS AMERICAS contacted the lawyer Leo IV, to find out his opinion on the court ruling, and replied, through a statement, that “after two hours of hearing via Zoom (on the Internet), which was seen by tens of thousands of citizens concerned, Palm Beach County Circuit Court Judge John S. Kastrenakes, unsurprisingly, denied our clients’ motion for a temporary injunction against the Palm Beach County unconstitutional mask mandate, paving the path to government tyranny, under the guise of disease prevention in Palm Beach County. ”
Two other, similar lawsuits have been filed in South Florida. One in Miami-Dade, which qualifies the requirement as “radical,” and the other in Broward, which also questions the order.
On Monday, the owner of a popular gym in Plantation, who refused to ask customers to wear face masks, was arrested after opposing closing the store.
In his case, the man has the support of attorney Chris Nelson, who heads the group Reopen Florida, or reopens Florida, and Florida state representative Anthony Sabatini, who also question the legality of the order that requires the use of masks.
In any case, both the Health authorities and the governments of Miami-Dade, Broward and Palm Beach request the use of masks, each with its own requirements and exceptions, and also sanction for non-compliance with fines ranging from 100 to 500 Dollars.
So far, neither the state of Florida nor the federal government have issued a similar order, but they do urge the use of the mask, after weeks of disagreements about the need to do so.
To conclude, Judge Kastrenakes noted that “the constitutional rights and ideals of limited government do not absolve a citizen of the real-world consequences of their individual choices, nor allow them to fully evade their social obligation to their fellow citizens or society in their set”.
In other words, the use of the mask ceases to be an option for self-protection and becomes an obligation to protect others.