A circuit judge in Florida on Monday invalidated an emergency order requiring “brick-and-mortar” schools to reopen during the COVID-19 pandemic.

This order granting a temporary injunction is the result of a lawsuit filed by Florida Education Association (FEA), Florida’s largest teachers’ union, seeking to prevent the reopening of schools and resuming of in-person instruction. Judge Charles Dodson wrote that “school boards have no choice” when it comes to reopening because Education Commissioner Richard Corcoran’s order mandates that all school districts must open for in-person learning five days a week. In addition, if a school district chooses to delay the start of classes, it risks losing state funding. Further, Dodson asserted that the order failed to protect teachers from potentially contracting COVID-19. As such teachers are either forced to retire, resign or put themselves and their families at risk.

He further stated:

This policy runs afoul of the Supreme Court’s long-standing admonition that the government may not deny a benefit to a person on the basis that infringes his constitutionally protected interests. Under the well-settled doctrine of unconstitutional conditions, the government may not require a person to give up a constitutional right in exchange for a discretionary benefit conferred by the government where the benefit sought has little or no relationships to the right. Put another way, what the state may not do directly it may not do indirectly. Because Defendants cannot constitutionally directly force schools statewide to reopen without regard to safety during a global pandemic, they cannot do it indirectly by threatening loss of funding through the Order.

While this order does not prevent schools from opening, it provides school boards and teachers with the option to conduct remote learning until it is safe to return to the classroom.

Corcoran and Governor Ron DeSantis have appealed the order.