However, to literally everyone’s surprise, a few hours later DeSantis also signed a second executive order that says statewide rules will “supersede any conflicting official action or order issued by local officials in response to COVID-19.” Meaning, the state law isn't the floor, it's the ceiling. Now local governments cannot implement stricter rules than DeSantis’ original executive order, even in heavily populated areas that are experiencing higher levels of COVID-19 cases, like Tampa, Orlando, Miami and Jacksonville.
This is going to be a huge problem https://t.co/efwDvIgxZb pic.twitter.com/4sQ8HaSF4W
— Colin Wolf (@WolfColin) April 2, 2020
This also creates an incredible amount of confusion as to whether conservative psychos like Tampa pastor Rodney Howard-Browne can legally pack his megachurch every Sunday during the coronavirus outbreak. For example, DeSantis' executive order allowed for people to gather at places of worship as long as they followed CDC guidelines, because the churches were deemed "essential." However, stricter rules in Hillsborough County prevented these gatherings from happening.
Today, Howard-Browne's lawyer, Mat Staver of the Liberty Counsel, released a statement applauding DeSantis' second executive order, saying they're pleased members of The River at Tampa Bay Church can now legally meet in-person.
"The Hillsborough County order was unconstitutional. The county knew the lawsuit was coming this week and knew they would not win. We are also pleased that every church in Florida is now free to worship. Pastor Rodney Howard-Browne brought worldwide attention to an unconstitutional order and arrest," the statement said.
Liberty Counsel also stated that they were going to file a federal lawsuit against Hillsborough County, but now that's put on hold, and that "any future guidance the county may issue will be recommendations and not enforceable."
To make matters even more confusing, today DeSantis told reporters that local authorities can in fact enforce stricter rules (like closing a park to jogging), but not when it comes to churches.
“Look, I don't think that the government has the authority to close a church,” said DeSantis today during an afternoon press conference. “I'm certainly not going to do that. At the same time we got with the churches and the synagogues very early and said what you guys are doing, I think it's even more important, but can we ask that you do it in a way that is going to be conducive to this overall mission? And I would say almost all of them 100% agree.”
DeSantis also stated that its important people can go to church this Easter, and that this can still be done while maintaining social distancing guidelines. "I think particularly coming up in Easter season," argued DeSantis. "I think people are gonna want to have access to religious services."
This is very bad and very dumb.
It’s also worth pointing out that the second executive order is in direct contrast to DeSantis’ original messaging throughout this entire pandemic. For weeks the governor insisted that there wasn’t a need for a statewide stay-at-home order, and instead insisted that local governments should deal with this issue themselves, calling it a “surgical approach.”
This afternoon local leaders voiced their concerns, including Hillsborough County State Attorney Andrew Warren, who took to Twitter and called the second executive order a “complete flip-flop” from yesterday’s announcement.
“Can't fathom why Governor is using his power to remove safeguards that will save lives,” tweeted Warren. “He's undoing legitimate & effective orders that counties want to protect their communities. He's undone a ton of hard work by local decision-makers & Fla citizens to adjust to those rules.”
Warren also speculated on the the fact that DeSantis said absolutely nothing about the second executive order, only sneaking it on the state’s website today.
“It looks like DeSantis's second executive order was supposed to be a secret.” continued Warren. “He signed it just 5 hours after the first one with no announcement and no press. If this is supposed to be an April Fool's Joke, it could prove to be one of the deadliest in history.”
Tampa Mayor Jane Castor also commented on the new executive order during her daily Facebook Live webcast, saying churches will still only be allowed to have no more than 10 people gathered at a time, and they must be 6-feet apart.
“We can’t prevent churches from having services,” said County Commissioner Les Miller during today's Emergency Policy Group meeting, reports the Tampa Bay Times. “But we’re encouraging you to please follow the safe distancing guidelines put out by" the Centers for Disease Control and Prevention."
Meanwhile, Florida's coronavirus cases continue to climb, and it's going to get worse. When you combine residents over the age of 65 and people with pre-existing condition, over half of Florida's population is at a heightened risk of COVID-19, says a new analysis from the Kaiser Family Foundation. Health experts are now saying we won't see just how bad things really are until May.
But as of today, Florida now has 8,010 confirmed cases of COVID-19, and 128 deaths.
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This article appears in Apr 2-9, 2020.