Orange County teacher celebrates win after Monday’s unconstitutional court ruling

Judge rules reopening of schools unconstitutional

A drop in coronavirus cases comes as many school districts return to in-person learning.

ORLANDO, Fla. - Orange County teacher Kathryn Hammond is pleased a judge ruled in her favor.

She’s one of the teachers suing the Florida Department of Education for mandating school districts to resume in-person classes. The judge ruled the mandate is unconstitutional.

“It was a big fight and this is a big local win for teachers and local school boards,” Hammond said. “This gives us a bit of an opportunity to now focus on the local issues that we have and how to improve the school situation at the local level.”

“It was an absolute sign of respect for the profession, for what teachers do and caring for their safety and well-being and acknowledging that they have the right to safe and healthy working conditions,” said Wendy Doromal, president of the Orange County Classroom Teachers Association.

But the fight is far from over. The Florida Department of Education is appealing the ruling, which automatically puts a stay on the judge’s injunction. That means until the appeal process runs its course, the state’s order remains in effect.

We asked our local teachers union president: Why keep fighting if it could take months to get a final ruling?

“Let me tell you why the fight is worth it because lives are worth the fight, because people’s health are worth a fight, because health and lives should trump economics and political agendas,” Doromal said.

The state’s fight is being funded by taxpayers. The department of education confirms more than $600,000 in legal fees have already been spent. An attorney in the case says the appeals process could cost the state the same if not more.

“That money could have gone to schools; it could have gone to people who are suffering because they can’t get their unemployment benefits because of a terrible state system; it could have gone to people being evicted,” Doromal said.

The department told FOX35, “It’s entirely up to the FEA (Florida Education Association) to end their frivolous lawsuit if they would like to save taxpayers from these expenses.”

The stay could be lifted by the circuit or appellate court.

The attorneys on the case plan to file a motion to vacate the stay.