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Long Legal Battle Likely As Neither Gov. DeSantis, School Districts Backing Down On Masks

MIAMI (CBSMiami) - Miami-Dade County Public Schools face a decision, reverse the mask mandate or face similar financial sanctions from the state like their neighbors in Broward.

CBS4's Joan Murray spoke to the superintendent Alberto Carvalho.

CBS4 got a copy of the letter the superintendent sent along with the school board chair.

In it, they say the school district has a compelling interest to control a deadly communicable disease, but it appears neither of the state education commissioner nor Governor Ron DeSantis is backing down.

"We absolutely made the deadline," said Carvalho. They have sent a letter to the education commissioner explaining why they issued a mask mandate for schools and ignored a state order to make masks optional.

"We believe that the actions of this board comply with both the constitutional provisions as well as state statute," said Carvalho. "I guarantee -- by guaranteeing a safe, secure and healthy environment for both our students as well as the workforce."

The education commissioner has told Miami-Dade school board members they face losing their salaries much like is happening in Broward.

Miami-Dade school board vice-chair Dr. Steve Gallon says they are ready to fight, "When you juxtapose a financial penalty versus your obligation under the constitution of the United States and, quite frankly, your obligation as a member of humanity and one that has certain concern, compassion and commitment to children, that is a non-negotiable for us."

On top of that, even though judge ruled Friday in a lawsuit brought by the pro-mask parents, it is legal for school districts to make masks mandatory, the order hasn't been filed yet, so it has had no impact and Governor DeSantis is promising a challenge.

State Attorney general Ashley Moody issued a statement this afternoon certainly agreeing with the governor saying any district that has a masker mandate is basically breaking the law.

So, there is a long way ahead in this legal battle.

Meanwhile, Miami-Dade and Broward have both said that periodically they are going to take up the masker issue again.

If the numbers start going down, they may consider modifying the mask mandate in both of these school districts.

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