Florida judge tosses lawsuit seeking to close state's beaches [View all]
TALLAHASSEE Saying he lacked the authority to second-guess Gov. Ron DeSantis, a circuit judge on Tuesday dismissed a lawsuit seeking to force the governor to close beaches throughout Florida.
Santa Rosa Beach lawyer Daniel Uhlfelder filed the lawsuit against DeSantis late last month, arguing that the governors refusal to issue a statewide mandate shutting down beaches puts Floridians at risk of becoming infected with COVID-19, the highly contagious respiratory disease caused by the novel coronavirus.
But, siding with DeSantis while expressing empathy for Uhlfelder, Leon Circuit Judge Kevin Carroll said the state Constitution gives the governor discretion about handling emergencies.
I believe that what Im being asked to do is substitute my judgment for that of the governor on how to respond to this COVID crisis, which has been somewhat of a moving target, Carroll said during a telephone hearing Tuesday afternoon. There are 599 circuit judges in Florida at last count, and I dont think we need to have 599 governors-in-waiting.
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