WEST PALM BEACH, Fla. – A Palm Beach County judge has denied a request for a temporary court order to block the county mask mandate.
Lawyers for a group of Palm Beach County residents filed a lawsuit alleging that the county emergency order requiring masks in public places to help prevent the spread of the coronavirus was unconstitutional.
Judge John Kastrenakes issued his ruling Monday morning.
“The right to be ‘free from government intrusions’ does not automatically or completely protect an individual’s conduct from regulation,” Kastrenakes wrote in his 13-page order. “More specifically, constitutional rights and the ideals of limited government do not absolve a citizen of the real-world consequences of their individual choices, nor allow them to completely evade their social obligation to their fellow citizens or to society in general.” it is particularly true when one’s individual choices can result in drastic, costly, and sometimes deadly consequences for others. “
Kastrenakes went on to say that there is no “constitutional or protected right to infect others.”
Commissioners voted unanimously last month approve the mask mandate, despite objections from a passionate group of residents who spoke out against the ordinance.
County Administrator Verdenia Baker last week extended the order for an additional 30 days. It now remains in effect until at least August 23.
Mayor Dave Kerner said Friday that the the county is in the process of mailing approximately 3 million masks to residents
“As this community desperately tries to navigate the tumultuous seas presented by COVID-19, it is reasonable and logical that our elected officials are launching Palm Beach County citizens a life preserver in an attempt to improve the spread of this deadly , rampant and widespread disease, “Kastrenakes concluded. “Based on the evidence, this court will not guess how an arm of the government on an equal footing sought to fulfill its sacred duty to protect the general public.”
Lawyers for the Florida Civil Rights Coalition, which filed the lawsuit on behalf of the plaintiffs, plans to appeal Failure.
.
