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The court s decision was handed down against Cuadros on February 16. It dismissed the case without prejudice, meaning Cuadros will have a chance to amend and resubmit the lawsuit. She has 20 days from the date of the ruling to do so.
In dismissing the case, Judge Oscar Rodriguez-Fonts wrote that the protection of the public at large outweighs the right of an individual to decide whether or not they should wear a mask. He likened the mask order to motorcycle helmet laws that were upheld in the Florida Supreme Court and the Southern District of Florida more than 50 years ago. Florida case law is full of examples of how certain clothing regulations are a proper exercise of a government s police power, the judge wrote.