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Representative Randy Fine Can’t Change His Spots.

We have had our differences with Representative Randy Fine before, and most likely will continue to have them in the future.

Fine has weighed in on the Brevard School Board face covering mandate issue and yesterday, he post this on his Facebook account:

Understandably on his Facebook page, people are excited. There are congratulations, cries for people to go to jail, etc.

There is only one problem.

The First Circuit Court of Appeals made no such ruling.

In fact, there is no recent ruling from the First Circuit Court of Appeals on anything from Brevard County, much less the Brevard County Public Schools.

There is, however a ruling on a case called “Gina Dortch, Brad Gonzalez, Scott Burford, Amber Burford, Nichole Carlisle, Carrie Gillespie, Kim Hickey, Amanda Moore, Michael Tickel, Amanda Weber, Amanda Donoho, Dee Basso, et al. vs Alachua County School Board, Superintendent Carlee Simon, Duval County School Board, Superintendent Diana Greene

In that case, the Court wrote:

The courts will not wade into the policy battles underway. But neither will we refuse to exercise our constitutional authority to compel compliance with the law. Respondents cannot stand between parents and their lawful right to make decisions on behalf of their children. (emphasis ours)

Notice that in this case, the “respondents” are not the Brevard School Board, nor any member of that Board.

When Fine says “Florida’s First District Court of Appeals has ruled that Misty Belford, Cheryl McDougal and Jennifer Jenkins intentionally brokes state law for two months….,” that statement is a misrepresentation at best, a bald faced lie at most.

If Fine had said “Florida’s First District Court of Appeals signaled that the actions of Misty Belford, Cheryl McDougal and Jennifer Jenkins we against the law,” we would agree with that.

Yet Fine is claiming that the Court of Appeals ruled in a case directly applying to Brevard County and to the individual School Board members when there is not such ruling.

In fact, while the Court made the statement above, the Court did not rule in favor of the plaintiffs.

The First District Court of Appeals only transferred the case back to the Fourth and Eighth District Courts where the rule on face coverings and the School Board’s mandate can be challenged.

That’s all they did. They made no ruling. They did not decide the Duval County case. They did not rule for the plaintiffs. They did not rule for the defendants.

They made no judicial ruling on this case.

They only returned it to the lower courts.

We keep thinking and hoping that Fine was making some highly nuanced statement from a case dealing with Duval County and applying here in Brevard. However, that’s a stretch given that he says the court ruled against Belford, McDougal, and Jenkins when no such ruling was issued.

We are compelled to say that Fine’s statement was a lie – a lie that he had, or should have known was a lie – when he made it.

We all know the old “joke” of “how can you tell when a politician is lying? Their lips are moving.”

Fine is a politician.

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