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Ex. MET-MIA-058 Order Primary source read

Machovec v. Palm Beach County, No. 4D20-1765 (Fla. 4th DCA Jan. 27, 2021)

Affirmance of the denial of a temporary injunction against Palm Beach County Emergency Order 2020-012 (mask mandate); rational-basis review applies

Fourth District Court of Appeal (Forst, J.) · Florida Fourth District Court of Appeal (Palm Beach County) (Court)

The COVID Project

The record

Jurisdiction
Florida Fourth District Court of Appeal (Palm Beach County) · Miami-Dade, Broward and Palm Beach · Florida
Level
Court
Authority
Appeal of a non-final order of the Fifteenth Judicial Circuit (Kastrenakes, J.), L.T. No. 50-2020-CA-006920
Issued
2021-01-27 Jan. 27, 2021
Effective
2021-01-27
End
n/a (decision) (read as 2021-03-31)
In force
Jan. 27, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitation types
Face-covering requirementOther
Addressees
  • appellants Machovec, Holme, Holme, Eade and Spreitzer; Palm Beach County
Functions reached
  • injunction history for the Palm Beach mask mandate
Collection
Miami-Dade, Broward and Palm Beach MET-MIA

Operative words

This emergency order (a/k/a "mask mandate" or "mask ordinance") was initially effective on June 25, 2020 and has since been extended seven times, most recently on January 19, 2021, covering a period that ends on February 19, 2021. EO-12 mandates that "facial coverings" must be worn in Palm Beach County at businesses and establishments, public places, county and municipal government facilities, and while using public transportation.... Finding that Appellants' argument on appeal is not supported by the record nor legal authority and that there is support for the trial court's determination that Appellants failed to establish a substantial likelihood of success on the merits or that an injunction will serve the public interest, we affirm.... Requiring facial coverings in public settings is akin to [the motorcycle-helmet and seat-belt laws]... the trial court correctly applied the rational basis standard of review...

Enforcement

n/a

Notes

Alachua County appeared as amicus for the County

Retrieval note

Opinion text read (background, holding and standard-of-review passages).