An administrative law judge rejected an attempt to have Florida Surgeon General Scott Rivkees testify in a legal fight about the state’s efforts to prevent school mask mandates.

Judge Brian Newman sided with the Florida Department of Health, which argued that Rivkees should be shielded from giving a deposition. The deposition was sought by attorneys for school boards and parties such as the NAACP that are challenging a Department of Health rule that requires parents to be able to “opt out” their children from any school mask mandates during the COVID-19 pandemic.