Legal challenge filed against Gov. DeSantis’ survey of higher ed diversity and inclusion activities

Ron DeSantis
The survey amounts to enforcing a law that a federal judge found unconstitutional, plaintiffs say.

Gov. Ron DeSantis has declared that this state is where woke goes to die, but a group seeking to overturn the Stop WOKE Act is saying, “Not so fast.”

DeSantis issued a memo on Dec. 28 requiring the state’s colleges and universities to respond by Jan. 13 with a list of programs and campus activities that relate to diversity, equity, inclusion and critical race theory.

“State law requires dutiful attention to curriculum content at our higher education as specified in … Florida Statutes,” reads the memo from the Office of Policy and Budget to Education Commissioner Manny Diaz and Chancellor Ray Rodrigues.

But the plaintiffs who sued for — and won — an injunction against the law’s enforcement on state and college campuses say the Governor’s demand violates an injunction Chief U.S. District Judge Mark Walker issued Nov. 17. The injunction can’t be lifted — and the law (HB 7) shouldn’t be enforced — without a ruling from an appeals court, lawyers for the group said.

The group, composed of seven educators and one student from six state universities, is asking the court to nullify the memo that specifically references the law, now under injunction.

“Rather than honoring a federal court order prohibiting enforcement of Florida’s Stop WOKE Act, Florida officials continue to collect information about professors’ coursework pursuant to that illegal law,” said Lauren Johnson, senior counsel for the Legal Defense Fund, which, with the American Civil Liberties Union, is representing the plaintiffs.

“A federal court has already found the Stop WOKE Act likely violates the United States Constitution. With today’s motion, we seek to ensure that educators in public universities across Florida can freely exercise their constitutional rights and teach important concepts about race, gender and inequality pursuant to their academic disciplines.”

An afternoon inquiry to the Governor’s Office was not immediately returned Wednesday.

In issuing the injunction, Judge Walker said the law violated the First Amendment, describing it as “positively dystopian.” The state has appealed Walker’s ruling to the Atlanta-based appeals court and requested a stay of the injunction.

The legislation now in litigation — formally called the Individual Freedom Act (IFA) — gives students and employees a reason to sue if instruction or training made them feel uncomfortable or guilty because of their race, gender or national origin. It also prohibited critical race theory instruction, which critics say teaches students to see the country’s history as systemically oppressive to women and minorities.

Anne Geggis

Anne Geggis is a South Florida journalist who began her career in Vermont and has worked at the Sun-Sentinel, the Daytona Beach News-Journal and the Gainesville Sun covering government issues, health and education. She was a member of the Sun-Sentinel team that won the 2019 Pulitzer Prize for coverage of the Parkland high school shooting. You can reach her on Twitter @AnneBoca or by emailing [email protected].


One comment

  • David Pakman

    January 12, 2023 at 7:38 am

    The whole south used to be systemically oppressive towels women and black people. So he doesn’t want the truth taught. Conservatives want a false narrative taught about the USA. Since the right wing depends on nationalism for their propaganda, they need people to be taught a rosy picture of the USA. Otherwise, less people might want to join service and serve the state etc. Currently, I can’t imagine patriotic motivation to join service since all people are doing is fighting for billionaires and the rich. They’re fighting against their own class interests. If it was a defensive instead of an imperialist military then things might be different on top of those circumstances.

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