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ORDINANCE NO. 2020-009 <br />State Circuit Court and in Federal District Court. Both Courts issued Orders denying <br />Plaintiffs' Emergency Motions for Temporary Injunction. In denying the request for <br />temporary injunction, State Circuit Judge Donna M. Keim stated, "The protection of the <br />safety and welfare of the public is inherent in the role of local government ... The <br />requirement to wear a facial covering during the limited circumstances set forth in the <br />ordinance is a minimal inconvenience; and, its benefits to the public in potentially <br />reducing the spread of COVID- 19 outweighs any inconvenience." "Here, there is a <br />global pandemic involving COVID- 19, a virus which the CDC and others advise is <br />spread through airborne transmission and is spread by asymptomatic individuals. <br />Multiple sources relied upon by the County reflect that mitigation is dependent upon the <br />use of social distancing and personal protection equipment, such as face <br />masks/coverings. The County' s need to take measures to control the spread of COVID- <br />19 clearly outweighs the Plaintiff's private interest in not wearing a mask in the limited <br />circumstances required by the county's emergency order; and an injunction in this <br />situation would disserve the public interest." Green v. Alachua County, Case No.: 01- <br />2020- CA- 001249 (Order dated May 26, 2020). See also: Ham v. Alachua County <br />Board of County Commissioners et. al. Case No. 1: 20cv111- MW/ GRJ (Order dated <br />June 3, 2020 by Chief United States District Judge Mark E. Walker) ("Plaintiffs have not <br />demonstrated that Alachua County exceeded its broad limits and this Court, like the <br />Supreme Court, will not engage in secondguessing"); and <br />WHEREAS, on June 5, 2020, Governor Ron DeSantis issued Executive Order <br />20- 139, moving all counties in Florida, other than Miami- Dade, Broward and Palm <br />Beach Counties, into Phase 2 of the plan issued by the Task Force to Re -Open Florida, <br />which Order supersedes Executive Order 20-91, the Safer at Home Order, and <br />supersedes in part, and extends and modifies other provisions of, Executive Order 20- <br />112; and <br />WHEREAS, on June 20, 2020, the State Surgeon General issued a Public <br />Health Advisory providing that with certain exceptions all individuals in Florida should <br />wear face coverings in any setting where social distancing is not possible; and <br />WHEREAS, the Florida Medical Association President Dr. Ronald Giffler issued <br />a statement saying that "the Florida Medical Association, the state's largest physician <br />organization, encourages local officials to adopt regulations requiring individuals to wear <br />face coverings in public places" and applauded municipalities in Florida that have <br />already adopted mandatory mask use ordinances; and <br />WHEREAS, based on recent information and data from the Indian River County <br />Department of Health, the number of confirmed cases of COVID-19 in Indian River <br />County has increased significantly since additional re -openings were authorized under <br />Phase 2 of the Governor's Plan for Florida' s Recovery; and <br />3 <br />