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Gov. Ron DeSantis’ latest attempt to combat “trendy ideology” in higher education got the go-ahead from a federal judge last week.
Chief U.S. District Judge Mark Walker ruled Friday that the administration’s effort didn’t violate his court order that blocked parts of a state law restricting how race-related concepts can be taught.
The legal wrangling last week stemmed from a memo Chris Spencer, head of DeSantis’ Office of Policy and Budget, sent to Florida’s top education officials on Dec. 28. Spencer directed the leaders of the state college and university systems to require all institutions to “provide a comprehensive list of all staff, programs and campus activities related to diversity, equity and inclusion and critical race theory.”
Spencer’s memo pointed to the controversial 2022 law, which DeSantis dubbed the “Stop Wrongs To Our Kids and Employees Act,” or “Stop WOKE Act.” The law enumerates various race-related concepts and says it would constitute discrimination if students are subjected to instruction that “espouses, promotes, advances, inculcates or compels” them to believe the concepts.
Plaintiffs challenging the law, who include university professors and students, last week accused DeSantis’ administration of failing to comply with a preliminary injunction preventing enforcement of the measure.
Walker in November granted the injunction preventing the state from enforcing the law, calling it “positively dystopian.”
In a “motion to compel” filed Wednesday, the plaintiffs argued that “compliance with” Spencer’s memo “would violate the preliminary injunction order.”
“The purpose behind the [Spencer] executive memorandum’s direction to collect information about instructors’ activities is clearly to enforce the unconstitutional provisions of the Stop W.O.K.E. Act,” the plaintiffs’ lawyers wrote.
But, siding with the state, Walker on Thursday said the DeSantis administration hadn’t done anything wrong.
“Although this court would not hesitate to compel compliance with its preliminary injunction, this court finds there has been no violation of the injunction at this time,” he wrote.
Walker’s decision came the same day lawyers representing the state filed a response to the plaintiffs’ request, arguing that the information sought through Spencer’s memo is part of the governor’s annual budgeting process.
“Nothing in this court’s command that defendants must refrain from enforcing the Individual Freedom Act immunizes state universities from providing the governor’s office with basic information about the programs and activities the state is funding,” the response said.
The state has appealed Walker’s preliminary injunction and has asked the Atlanta-based U.S. Court of Appeals for the 11th Circuit to allow the restrictions to be in effect while the legal battle continues.
Ryan Dailey reports for the News Service of Florida.
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