A Florida Circuit Court judge ruled against Republican Florida Governor Ron DeSantis’s appeal, saying he cannot enforce his ban on masks in schools by withholding state funds from school districts, CNN reports.

Using an executive order, DeSantis threatened to withhold state funds from local school districts that mandate students and staff wear masks to stop the spread of the coronavirus.  In most cases, that money would be used to pay school board members.  At least 13 school boards have voted to mandate masks in schools.

Second Circuit Judge John Cooper, however, ruled that DeSantis overstepped his authority in enacting the executive order and issued a stay, preventing schools from enforcing mask mandates.  With the decision, the stay is lifted and school districts can continue to mandate masks. 

“It’s undisputed that in Florida we are in the midst of a Covid pandemic. Based on the evidence I’ve heard, there’s no harm to the state if the stay is set aside,” Cooper said.

“It’s undisputed that the Delta variant is far more infectious than the prior version of the virus, and that children are more susceptible to the Delta variant than to the form from a year ago,” Cooper said. “In particular for children under 12, they cannot be vaccinated. Therefore, there’s really only one or two means to protect them against the virus … either stay at home, or mask.”

DeSantis claimed the ruling by Cooper was based in politics, not law, pledging to appeal the decision, which will happen in the First District Court of Appeal.

“What we have found is, you know, in the trial courts in Tallahassee, state and federal, we typically lose if there is a political component to it. But then in the appeals court, we almost always win,” DeSantis said when asked about Wednesday’s hearing before the ruling was announced. “And so I don’t think (the judge) is going to lift the stay … but if it is lifted I am confident that that will be reinstated at the 11th Circuit.”