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Gadsden County man suing county for "due process and privacy" violation over mask mandate

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Posted at 10:54 PM, Jul 30, 2020
and last updated 2020-07-31 13:17:52-04

GADSDEN COUNTY, Fla.(WTXL) — A man from Gadsden County has filed a lawsuit claiming the county's mandate violates "due process and privacy."

"The fact that they passed this law the way it's written presently we think it's illegal," said Attorney Anthony Sabatini.

Attorney and State Representative Anthony Sabatini continues his fight against mask mandates in Florida.

This time representing Gerald Carrol, a Gadsden county business owner who says the mandate "has caused interference with his personal liberty and business enterprise."

"Anybody who works for the business or comes into the business must wear a mask and he thinks that's a violation of their privacy rights and doesn't make a lot of sense and doesn't actually have any evidence that it's doing anything to curb the spread of the virus," said Sabatini.

The Gadsden County mandate put in place to reduce the spread of the virus, requires face coverings for public transportation, restaurants, and grocery stores, as well as pharmacies.

This lawsuit will be Sabatini's second in the Big Bend.

On July 10, the attorney, representing former Leon County GOP leader Evan Powers sued the county for their mask mandate.

In that case, the judge decided to uphold the ordinance saying that "there's clearly, clearly a substantial, rational basis supporting the medical and public health basis for this ordinance," said Leon County Circuit Judge, John Cooper.

Sabatini says despite that loss he is focused on fighting for Carroll and other people who feel mandatory masks are unconstitutional.

"We would like an injunction that stops these mandates and a declaratory action that these are actually illegal," said Sabatini.

ABC 27 reached out to Gadsden County for comment and we have not heard back at this time.

Commissioners have put in place civil penalties for people who violate the mandate.