Tallahassee -- August 22, 2022: On Thursday, a federal court barred Florida from enforcing a crucial provision of the state's new law that limits what Governor Ron DeSantis

refers to as "woke" workplace trainings about race.

Chief U.S. District Judge Mark Walker attacked Florida's "Stop-WOKE" Act in a 44-page ruling, calling its provisions "bordering on nonsensical" and issuing a temporary injunction because of the law's First Amendment violations.

The collection of companies that sued the state hailed the decision as a "huge victory for free expression," but that triumph might not last long because the DeSantis administration is certain to file an appeal.

“In the popular television series Stranger Things, the ‘upside down’ describes a parallel dimension containing a distorted version of our world,” Walker wrote, “Recently, Florida has seemed like a First Amendment upside down.”

The Republican-controlled Florida Legislature enacted FL HB 7 (22R), often known as the Individual Freedom Act, earlier this year with DeSantis' support. Taking aim at lessons over issues like "white privilege," it creates new protections for students and workers, including that a person should not be instructed to "feel guilt, anguish, or any other form of psychological distress" because of their race, color, sex, or national origin. It also expands Florida's anti-discrimination laws to prohibit schools and businesses from assigning guilt or blame to students and employees based on race or sex.

Several companies banded together to sue the "anti-woke" policies in federal court, including the honeymoon registry technology startup Honeyfund.com, the Florida-based Ben & Jerry's franchisee Primo Tampa, the workplace diversity consultancy Collective Concepts, and its co-founder Chevara Orrin. Among other things, they claimed that the new law infringes upon their right to free expression.

Protect Democracy and law firm Ropes & Gray are the companies' legal counsel. They claim that the new policies require the companies to limit themselves "on key societal topics" and "from engaging employees in vigorous discussion of ideas needed for improving their workplaces."

Walker sided with the businesses on Thursday and issued the interim injunction to suspend a portion of the Stop-WOKE act while the legal dispute is resolved. Walker also heard the first challenge to HB 7, which focused on the law's education provisions. Walker rejected the injunction in this instance but allowed the matter to proceed with a jury trial scheduled for April.

In his decision on Thursday, Walker disclaimed using the injunction against DeSantis. However, the Florida Commission on Human Relations commissioners and Attorney General Ashley Moody were instructed not to execute the law."

“If Florida truly believes we live in a post-racial society, then let it make its case,” Walker wrote.

“But it cannot win the argument by muzzling its opponents. Because, without justification, the (bill) attacks ideas, not conduct, (the businesses) are substantially likely to succeed on the merits of this lawsuit.”

In an earlier, unconnected case, Walker had invalidated major elements of DeSantis' proposed 2021 election legislation in Florida and ruled that the state had to seek court approval for ten years before making any more changes. However, the 11th Circuit Court of Appeals prevented the implementation of his decision.

The companies' legal counsel stated that they anticipate winning the case and having the statute "permanently invalidated."
“It is a direct attack on American free speech values as well as on free enterprise in Florida.” Shalini Goel Agarwal, counsel at Protect Democracy, said in a statement.

The state is probably going to challenge the decision, which could result in an appeals court blocking the injunction.

"Attorneys for the state and DeSantis argued that the "anti-woke" law does not restrict speech and only prohibits employers from making employees listen to "certain speech against their will" at the risk of losing their jobs. They urged Walker to dismiss the case and remove the Republican governor as a defendant in the lawsuit.

On behalf of students and educators, the ACLU, the ACLU of Florida, and the Legal Defense Fund on Thursday filed another complaint in federal court against the "anti-woke" legislation.

WNCTIMES by Marjorie Farrington


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