Miami resident sues county over ‘radical’ mask mandates during COVID pandemic

A Miami travel agent wants a judge to strike down Miami-Dade’s emergency orders requiring people wear masks while visiting businesses, claiming the emergency COVID-19 rules are too vague to be enforced and wrongly infringe on constitutional freedoms.

The suit by Linda Cuadros is the second legal fight launched by a Republican Florida lawmaker who sees local mask rules as too sweeping to pass legal muster. Rep. Anthony Sabatini, R-Clermont, filed a similar suit in Seminole County in May and the local government ended up lifting its local mask rules before the case got before a judge.

Sabatini said he wants the suit to allow the marketplace to drive precautions against coronavirus without government overreach.

“I really think citizens themselves, and businesses, have a really good perception of the risks they’re willing to tolerate,” he said. “I think for any local business or restaurant that isn’t practicing social distancing, the consequence will be a loss of business.”

The suit in Miami-Dade Circuit Court attacks a central tool for Miami-Dade’s plan to fight coronavirus spread in the general population, with masks recommended by health authorities as a way to lessen airborne spread of the virus. Through emergency orders issued by Mayor Carlos Gimenez and ratified by the County Commission, Miami-Dade mandates face coverings inside most buildings, on beaches when in close proximity with people from other households, and when entering parks.

The suit takes issue with Miami-Dade linking criminal penalties to the defiance of emergency mask rules. “Miami-Dade has taken the radical step of requiring the masks be worn under the force of law,” the suit says.

The suit arrives as more Florida counties are following Miami-Dade’s practice of mandating mask wearing in many public areas as the state sees a spike in COVID-19 cases. Monroe County on Thursday issued new rules requiring face coverings in businesses unless it’s an open-air area. Orange County is imposing mask rules starting Saturday, requiring residents in Orlando and beyond to cover their faces when in public places.

President Donald Trump has declined to wear face masks in public appearances, and defying mask rules has become a frequent source of friction across the country. In a video message Thursday, Gimenez said some local businesses have been berated by customers for insisting they comply with county orders requiring masks inside.

Cuadros declined an interview request, calling the Miami Herald too liberal and not producing “real news.” In an interview with sports radio host Andy Slater, Cuadros cited early advice from U.S. health agencies that masks weren’t needed for the general population as a COVID safeguard.

That guidance has changed significantly, with the Centers for Disease Control now recommending face covering as a precaution when social distancing isn’t possible.

“When we have flu season, nobody walks around with a mask,” Cuadros, owner of the Connect Colombia travel agency, told Slater in an online interview.

“They’re overstepping their power,” Cuadros said of local government. “Why are people okay with the government telling private businesses what to do?”

Sabatini said Cuadros runs her travel agency online, and the suit mostly rests on her role as a Miami-Dade resident facing mask restrictions.

It will probably be an uphill legal fight, said a Miami lawyer specializing in civil-liberty cases.

“In the area of public health, courts are going to give a lot of latitude to the judgment of governmental authorities,” said Tom Julin, a partner at the Gunster law firm. He noted the U.S. Supreme Court declined to block California from closing churches during the pandemic, and that a mask requirement will probably be seen as a reasonable rule to keep residents healthy.

“The government is almost always going to win that kind of case,” he said. “Especially now, when there is lots of evidence of harm being created by the spread of coronavirus.”

This story was originally published June 18, 2020 at 7:09 PM.