After his announcement this week that he would seek to eliminate “all vaccine
mandates,” Florida’s surgeon general, Dr. Joseph Ladapo, made one thing clear:
This decision was based on no science, just vibes.
In an interview on CNN’s State of the Union on Sunday morning, Ladapo told host
Jake Tapper that officials did not undertake any analysis to determine how many
new cases of hepatitis A, whooping cough, and chickenpox would arise after the
ending of vaccine mandates. “There’s this conflation of the science and sort of,
what is the right and wrong thing to do?” Ladapo said, before proceeding to
claim that the whooping cough vaccine is ineffective at preventing transmission.
(Research has shown the whooping cough vaccine is safe and effective; the
Centers for Disease Control and Prevention says the protection they provide
“decreases over time.”)
He continued: “This is an issue very clearly of parents’ rights. So do I need to
analyze whether it’s appropriate for parents to be able to decide what goes into
their children’s bodies?”
> "Absolutely not." @FLSurgeonGen admits he didn't study impact before calling
> to lift vaccine mandate pic.twitter.com/bJCo0aNvk0
>
> — State of the Union (@CNNSOTU) September 7, 2025
In fact, as my colleague Kiera Butler explained when Ladapo announced his
decision this week it is an issue of public health—not “parents’ rights”:
> If successful, such a move could have broad implications for workers across
> state government sectors. Most significantly, it could allow many more
> unvaccinated children to attend school, putting others at risk of acquiring
> highly contagious and potentially deadly diseases such as measles and polio.
>
> Under Ladapo’s leadership, Florida’s rates of routine childhood
> vaccination—shots that protect against catastrophic diseases like polio and
> tetanus—have already declined. Today, the immunization rate for kindergartners
> is 90 percent, the lowest it’s been in a decade, and below the threshold
> required to prevent the spread of some serious illnesses. The rate of families
> seeking religious exemptions to school vaccine requirements has increased over
> the past few years.
All this is part of why, as Tapper mentioned, experts ranging from Ladapo’s
predecessor, Scott Rivkees, to major medical groups including the American
Medical Association and the American Academy of Pediatrics have voiced their
opposition to the plan.
A Washington Post-KFF poll conducted in July also found that more than 80
percent of Florida parents said public schools should require vaccines for
measles and polio, with some health and religious exceptions. A new NBC News
poll out today shows that nearly 80 percent of Americans strongly or somewhat
support vaccines. Even President Donald Trump seems skeptical of Ladapo’s
decision, telling reporters in the Oval Office this week: “I think we have to be
very careful. We have some vaccines that are so amazing… I think you have to be
very careful when you say that some people don’t have to be vaccinated.”
> Even President Trump gets it right once in awhile.
>
> Vaccines are safe and effective. They have saved millions of lives.
>
> Sadly, Sec. Kennedy disagrees.
>
> We need an HHS Secretary who believes in science, not conspiracy
> theories.pic.twitter.com/14D0Gnet11
>
> — Sen. Bernie Sanders (@SenSanders) September 6, 2025
Later in the CNN interview, Ladapo seemed to slightly revise his argument,
claiming that officials did not do any projections ahead of killing off vaccine
mandates because they already recognized that outbreaks would, in fact, be
inevitable: “We don’t need to do any projections. We handle outbreaks all the
time. So there’s nothing special that we would need to do. And, secondly, again,
there are countries that don’t have vaccine mandates, and the sky isn’t falling
over there.”
So, buckle up, Florida. Your surgeon general just admitted that outbreaks of
vaccine-preventable disease are coming.
Tag - Florida
An appeals court has temporarily blocked a federal judge’s decision ordering
Florida and federal officials to begin winding down operations at Alligator
Alcatraz, the controversial immigration detention center in the Everglades that
opened in July.
As I reported last month, in response to a lawsuit filed in June by
environmental groups, US District Judge Kathleen Williams had ordered the
dismantling of equipment at the detention camp, such as fencing, lighting,
generators, and other infrastructure, as well as a pause on the transfer of
detainees to the site. The groups had argued that the construction of the camp
proceeded without an environmental review or opportunity for public comment, in
violation of the National Environmental Policy Act. But the state of Florida
argued that the facility was a state-run operation, and, therefore, federal
environmental protection laws did not apply.
Hastily erected in late June on a remote airfield by Big Cypress National
Preserve, Alligator Alcatraz has been fraught with reports of malfunctioning air
conditioners, scarce food, and rampant mosquitoes. Detainees are held in large
white tents, each containing multiple fenced areas with 32 beds and three
toilets. State and federal officials running the center have previously stated
that the camp would be for immigrants with criminal records, but as the Miami
Herald reported in July, many detainees have no prior arrests. In July, nearly
1,000 detainees were being held at Alligator Alcatraz. This week, The New York
Times reported that between 120 to 125 detainees are currently at the center.
In her ruling, Williams had sided with the environmentalists. “The project was
requested by the federal government; built with a promise of full federal
funding; constructed in compliance with ICE standards; staffed by deputized ICE
Task Force Officers acting under color of federal authority and at the direction
and supervision of ICE officials,” she wrote, “and exists for the sole purpose
of detaining and deporting those subject to federal immigration enforcement.”
Florida Attorney General James Uthmeier promptly filed a notice indicating the
state would appeal to the US Court of Appeals for the Eleventh Circuit.
In a 2-3 decision on Thursday, the three-judge panel in Atlanta granted the
defendants’ request to pause Williams’ ruling pending a future decision on the
appeal. The judges found that the detention center did not violate NEPA because
it was funded by the state and not the federal government. “Obtaining funding
from the federal government for a state project requires completing a formal and
technical application process,” the ruling states, which has not yet occurred.
Alligator Alcatraz is predicted to cost $450 million a year, and the DeSantis
administration has previously stated it would seek FEMA funds to cover those
expenses.
> “Alligator Alcatraz is in fact, like we always said, open for business.”
Florida officials celebrated the ruling on social media. “Alligator Alcatraz is
in fact, like we always said, open for business,” Florida Gov. Ron DeSantis said
in a video posted to his X account. “We are going to continue leading the way
when it comes to immigration enforcement.”
Meanwhile, Friends of the Everglades, one of the plaintiffs in the case, issued
a statement saying that “the case is far from over.”
“While disappointing, we never expected ultimate success to be easy,” Eve
Samples, executive director of Friends of the Everglades, said in the statement.
“We’re hopeful the preliminary injunction will be affirmed when it’s reviewed on
its merits during the appeal.” Talbert Cypress, chairman of the Miccosukee Tribe
of Indians, which later joined the lawsuit as a plaintiffs due to the detention
center’s close proximity to their communities in the Everglades, told the Miami
Herald they were “disappointed in the majority’s decision to stay the
injunction. We were prepared for this result and will continue to litigate this
matter.”
A federal judge in Miami has ruled that operations at the controversial
detention facility Alligator Alcatraz must begin to wind down, ordering state
and federal officials to stop transferring detainees there and relocate current
detainees within 60 days.
Two weeks after US District Judge Kathleen Williams, an Obama appointee, ordered
a temporary pause on any new construction at Alligator Alcatraz, in response to
a suit by environmental groups, she has now ordered the dismantling of equipment
at the detention camp, such as fencing, lighting, generators, and other
infrastructure. Florida Attorney General James Uthmeier filed a notice
indicating the state would appeal to the US Court of Appeals for the Eleventh
Circuit.
The US Department of Homeland Security previously said in court filings that it
was not in charge of operations at Alligator Alcatraz, and the facility was
solely the responsibility of Florida, “using state funds on state lands under
state emergency authority.” The state argued that the environmental groups that
had filed the lawsuit are seeking relief under the National Environmental Policy
Act, which does not apply to state agencies.
But in her 82-page ruling filed on Thursday night, Williams disagreed. “The
project was requested by the federal government; built with a promise of full
federal funding; constructed in compliance with ICE standards; staffed by
deputized ICE Task Force Officers acting under color of federal authority and at
the direction and supervision of ICE officials,” she wrote, “and exists for the
sole purpose of detaining and deporting those subject to federal immigration
enforcement.”
> “While the Defendants repeatedly espouse the importance of immigration
> enforcement, they offered little to no evidence why this detention camp, in
> this particular location, is uniquely suited and critical to that mission.”
“While the Defendants repeatedly espouse the importance of immigration
enforcement, they offered little to no evidence why this detention camp, in this
particular location, is uniquely suited and critical to that mission,” the order
continued.
As I wrote in June, two environmental groups filed a lawsuit in federal court
against federal and state officials to halt the Alligator Alcatraz project. They
argued that construction proceeded without an environmental review or
opportunity for public comment, in violation of the National Environmental
Policy Act. On Friday, the plaintiffs applauded Williams’s ruling. “This
decision sends a clear message that environmental laws must be respected by
leaders at the highest levels of our government—and there are consequences for
ignoring them,” Eve Samples, executive director of Friends of the Everglades,
said in a written statement.
For weeks, plaintiffs have filed declarations building their case for how the
detention camp could potentially impact the neighboring ecosystems and wildlife.
Traffic to and from the detention site increases the likelihood of panthers
being struck by vehicles, according to court filings, and light pollution could
destroy the nighttime foraging abilities of bats in the area.
Last week, Williams concluded a four-day hearing during which she heard
testimony from ten witnesses and reviewed hundreds of exhibits. She questioned
Jesse Panuccio, an attorney representing the state of Florida, asking for
reasons to justify the decision to build a detention center in the Everglades in
the first place, according to CNN. Florida wildlife experts also testified about
the potential harm to animals in the area. Increased activity, one expert
testified, would interfere with the mating habits of endangered panthers, UPI
reported.
During the hearing, members of the environmental team from the Miccosukee Tribe
of Indians testified that 80 percent of the Tribe’s “residences, two schools,
and the Tribal governmental building, are all located in the Miccosukee Reserved
Area, a few miles southeast” of the detention camp, Williams’s order states. Any
“uncontained wastewater or run-off” leaving the site would likely flow into the
Miccosukee Reserved Area.
From the beginning, the camp has been mired in controversy. Hastily erected in
late June on a remote airfield by Big Cypress National Preserve, it is predicted
to cost $450 million per year to run. As reported by family members, attorneys,
and lawmakers, the facility has been fraught with malfunctioning air
conditioners, scarce food, and rampant mosquitoes. Detainees are offered no
recreational time and are held in large white tents, each containing 32 beds and
three toilets. They are separated into chain-link fenced areas. State and
federal officials running the center have previously stated that the camp would
be for immigrants with criminal records, but as the Miami Herald reported in
July, many detainees have no prior arrests. In July, nearly 1,000 detainees were
being held at Alligator Alcatraz. This week, a Democratic lawmaker who visited
the detention camp told reporters the number had dropped to 336.
Another Alligator Alcatraz ruling was issued this week. In a separate lawsuit
filed in July, the American Civil Liberties Union alleged that attorneys could
not reach their clients held at the detention camp. They reported being unable
to schedule appointments with clients and the government’s failure to designate
an immigration court that would accept filings from detainees held at Alligator
Alcatraz. Earlier this week, a federal judge dismissed part of the lawsuit after
the government designated an immigration court for Alligator Alcatraz detainees.
Meanwhile, Democrats continue to demand information about Alligator Alcatraz.
More than 60 US lawmakers signed a letter sent to the Department of Homeland
Security this week requesting details about its operations, the Florida Phoenix
reported, including whether the facility is following federal standards for the
treatment of detainees and details on inspections. “Given that DHS is working
directly with the Florida state government on a detention facility with alarming
implications,” the letter states, “DHS should ensure transparency and
accountability surrounding the facility’s financing operations.” This request
may be moot if Williams’s orders are obeyed, but given the state’s interest in
appealing, the court case and the operations of Alligator Alcatraz will likely
continue.
Deep in the Everglades, Florida Gov. Ron DeSantis’s administration has swiftly
begun construction of an ICE detention center on an airfield surrounded by
wetlands that will house up to 1,000 detainees and could open as soon as next
week. In a Friday interview with Fox News, DeSantis called the new center
“Alligator Alcatraz” and said deportation flights could also take off from the
airfield, which was previously used for military and law enforcement training.
“This is going to be a force multiplier and we’re really happy to be working
with the federal government to satisfy President Trump’s mandate,” he said.
> DeSantis has pushed anti-immigrant laws and encouraged police to collaborate
> with ICE.
Florida is expected to pay $450 million a year to run the facility, with the
possibility of being reimbursed by the federal government, the Miami Herald
reported. Florida Attorney General James Uthmeier said the detention center will
be mostly comprised of “light infrastructure,” the Herald reported, such as
tents and trailers. He suggested in a video posted to X that the facility’s
location would deter escapes: “People get out, there’s not much waiting for them
other than alligators and pythons,” Uthmeier said
The project has faced considerable backlash in recent days from immigrant
advocacy groups, environmentalists, and Miami-Dade county mayor Daniella Levine
Cava. The Miccosukee Tribe has also publicly opposed the construction of the
center on its ancestral lands. “The state would save substantial taxpayer
dollars by pursuing its goals at a different location with more existing
infrastructure and less environmental and cultural impacts,” Talbert Cypress,
chair of the tribe, wrote in a statement posted to Facebook.
On Friday, two environmentalist groups filed a lawsuit in federal court against
federal and state officials to halt the project, the Tampa Bay Times reported,
arguing that the project proceeded without an environmental review and
opportunity for public comment. Instead, the complaint reads, construction has
already commenced at a “breakneck pace,” as crews transported kitchen
facilities, restrooms, industrial lighting, and dump trucks onto the airfield.
The site is located within the Big Cypress National Preserve, “a nationally and
State protected, and ecologically sensitive, area that serves as habitat for
endangered and threatened species like the Florida panther, Florida bonneted
bat, Everglade Snail kite, wood stork, and numerous other species,” according to
the environmental groups’ complaint.
Plans for the center are largely a response to a nationwide surge in immigration
detention. As my colleague Isabela Dias recently reported, the number of people
held by ICE now surpasses 56,000—an unprecedented level. “The record high
detention numbers also raise concerns about overcrowding, especially since the
Department of Homeland Security is imposing new rules restricting access by
members of Congress to ICE facilities,” she wrote.
That Florida is undertaking such a massive detention center project is not a
surprise. As I reported in April, under DeSantis the state has passed a slew of
anti-immigrant laws and has encouraged local police and jails to collaborate
with ICE on immigration arrests.
Last week, the US Supreme Court lifted an order from a Massachusetts district
court that had maintained humanitarian parole protections in place for about
530,000 immigrants from Cuba, Venezuela, Haiti, and Nicaragua who had been
living in the United States legally under a Biden-era program. Advocacy groups
in South Florida condemned the decision that will inevitably impact scores of
immigrants and their families living in the area.
In 2022, after immigration authorities noted an increase in the number of
immigrants arriving at the border from these four countries, the Biden
administration created a parole program known as CHNV (which stands for Cubans,
Haitians, Venezuelans, and Nicaraguans). The new program allowed applicants to
come to the United States legally for two years as long as they passed
background checks, had a sponsor based in the US, and had traveled to the US at
no cost to the government.
Earlier this year, the Trump administration revoked CHNV, citing in a Federal
Register notice that the program is “unnecessary to achieve border security
goals.” Attorneys representing CHNV recipients challenged the decision, and on
April 14, a Massachusetts district judge blocked the termination of the program.
This month, the Trump administration requested a stay from the US Supreme Court,
which was granted on Friday, May 30.
At a virtual press conference hours after the decision was announced, Karen
Tumlin, director of the Justice Action Center, and an attorney in the case, said
the Supreme Court’s decision “enacted the largest mass de-legalization program
in US history.”
“Let me be clear. This is for a group of people who had lawful status until this
morning, but who the Trump administration has forcibly rendered undocumented
overnight,” Tumlin said, “and that should send a shiver down everyone’s spine.”
> “This order gives ICE a green light to grab these immigrants and deport them
> to the hell they escaped from in a legal way.”
In Miami, Florida, the following Monday, representatives from several immigrant
advocacy groups held a press conference to highlight what this decision would
mean for the local community. Standing behind a lectern draped with flags from
Cuba, Venezuela, and Haiti, Paul Christian Namphy, political director for the
Haitian community organization Family Action Network Movement, noted that
immigrants who were directly affected by the Supreme Court’s decision were not
present at the gathering because of “the dangers that they are facing right
now.”
“These individuals followed a rigorous legal process and are now being punished
while their legal status is still being litigated,” Namphy said. “The court
opens the door to mass deportations, family separations, and economic
disruptions.”
Silvia Muñoz, a member of the Cuban American Women Supporting Democracy
organization, said immigrants enrolled in the parole program had faced hardships
in their countries, such as food shortages and violence. The Biden
administration intended for the parole program to offer them a humane and legal
way to come to the US. “This order gives ICE a green light to grab these
immigrants and deport them to the hell they escaped from in a legal way,” she
said. She called on Republicans “who believed Trump’s promise to deport
immigrants did not include their loved ones, to raise their voices in protest
and total disregard for human life.”
Adelys Ferro, director of the Venezuelan American Caucus, said that the Trump
administration’s agenda against immigrants targets all nationalities, pointing
to another recent US Supreme Court decision that allowed the Trump
administration to revoke Temporary Protected Status protections for about
350,000 Venezuelans. “The attacks against immigrants are everywhere,” she said.
“It’s not only one nationality. It’s all of us. They don’t want immigrants
here.”
Hours after Friday’s decision, Jack Maguire, development manager of the advocacy
group Florida Immigrant Coalition, told Mother Jones that immigrant communities
in the Miami area were already experiencing immense fear and anxiety in the wake
of other anti-immigrant decisions by the Trump administration. And, as I wrote
in April, Florida also leads the nation in the number of law enforcement
agencies that are collaborating with Immigration and Customs Enforcement.
Earlier this year, Florida Gov. Ron DeSantis signed legislation that requires
all county jails to cooperate with ICE requests to detain immigrants booked into
their facilities.
Add to these concerns, the threatened deportations would separate more families
and negatively influence the state’s economy, he added. “Businesses are going to
start losing employees,” he says. “The effects are going to be felt very
immediately by the people with these statuses. But it’s also going to be felt
community-wide.”
The decision is not a final ruling on the merits of the case, Tumlin from the
Justice Action Center added, “We’re committed to ensuring that our clients and
the class members get a full-and-complete hearing as quickly as possible.” This
decision would cause “irreparable harm,” Justice Ketanji Brown Jackson wrote in
a dissent, joined by Justice Sonia Sotomayor. “It undervalues the devastating
consequences of allowing the Government to precipitously upend the lives and
livelihoods of nearly half a million noncitizens while their legal claims are
pending.”
Angel Leal, an immigration attorney in the Miami area, said he’s heard from
humanitarian parole clients in recent days who are fearful of what will happen
next in their cases. Many parole recipients have pending applications for other
forms of relief. But still, in those cases, “they’re concerned and they’re
scared.”
“Even if everything’s been done correctly, and whatever immigration benefit they
qualify for has already been applied for,” he said, “the sense of insecurity
that it can all be taken away at any time is really what’s concerning to us and
to our clients.”
Kareem Tabsch, co-founder of Miami Beach’s O Cinema, loves his hometown. He’s
made an award-winning movie about Miami Beach’s historic Jewish community. He
has been lauded in his local press for his contributions to South Florida’s
artistic culture. And in 2008, he co-founded an arthouse movie theater to give
his neighborhood access to independent films that would otherwise pass it by in
favor of more lucrative screens elsewhere.
But, until last week, Tabsch had never interacted much with Miami Beach’s
municipal government. That changed on March 11th, when the cinema received a
letter from Miami Beach mayor Steven Meiner, telling the business they had to
cancel their planned showings of “No Other Land,” a documentary about a
Palestinian village struggling to survive in the West Bank amid Israeli
government and settler violence. If the movie theatre failed to comply, Meiner
said he would introduce a City Council resolution to terminate the cinema’s
lease in a city-owned building and revoke at least $40,000 in grant money.
On March 3rd, “No Other Land” made history when it won the Oscar for Best
Documentary. But it still does not have a US distributor. That means that
one-on-one deals with independent theaters like O Cinema are the only way US
audiences can see the film.
Tabsch’s patrons, he told Mother Jones, wanted “No Other” Land in particular:
so, despite the eviction threat, O Cinema went ahead and screened the film. They
sold out every single showing.
“We recognize that some stories—especially those rooted in real-world
conflicts—can evoke strong feelings and passionate reactions. As they should,” O
Cinema CEO Vivian Marthell said in a statement. “Our decision to screen ‘No
Other Land’ is not a declaration of political alignment. It is a bold
reaffirmation of our fundamental belief that every voice deserves to be heard.”
T
he resolution canceling O Cinema’s lease and withdrawing city funding is due for
a vote on Wednesday. That same night, O Cinema’s public schedule lists another
showing of “No Other Land.”
I talked with Tabsch about what happens when your local government decides
screening a film is “not consistent” with your city’s values.
How was the decision to screen “No Other Land” made?
The film had been on our radar pretty much all last year, because it’s been so
universally lauded. People started asking us: When are you going to show it? So
discussions began in the fall of last year. It’s a 69-seat theater, so
scheduling is tricky…we kind of earmarked this early 2025 window. That was
before the Academy Awards. We always try to show as many of the Academy Award
nominees as possible, which is pretty common for art-house theaters.
At the time, when we programmed it, we were the only theater in South Florida
showing “No Other Land.” We may have been the only theater in the state of
Florida.
Now, after we’ve shown it, other theaters are coming in to show it.
O Cinema movie theater.Courtesy O Cinema
Let’s talk about what happened with the mayor. How did you first hear about this
threat of eviction?
We received a letter from the Mayor. The initial reaction, from many of us, was
that this very clearly felt like a threat from our elected officials. And I
don’t think in our history we have ever received any outreach from any local
politician asking us about or questioning our programming.
It came across as a not-so-veiled threat to our future. Initially, we felt the
future of our indie theater was threatened, and decided that we were not going
to show the film. Vivian [Marthell, CEO of O Cinema] sent a letter to the mayor
saying as much. But, very quickly, I think we all realized that was really
against the mission of our organization, the spirit of independent film, and
really an affront to the First Amendment. So, within 12 hours, she sent an email
to the mayor where she informed him that we were actually going to go through
with the screenings.
And we went through with the screenings! Every screening of “No Other Land” at O
Cinema was sold out.
The overwhelming feedback that I heard from members of the community was very
positive. They were thankful that we were showing the film. Folks walked up to
the staff and thanked them for showing the It’s very clear that Miami Beach
audiences, in particular, wanted to see the film and were grateful to be able to
do so.
You, yourself, are a documentarian. As someone who makes documentary films, what
was your reaction to all this?
As someone who’s born and raised and lives in this community and has seen the
trajectory of its growth and evolution, I was really taken aback by the course
this has taken. We see more and more attempts at censorship at different
levels—especially at the federal government level, we’re seeing a lot of threats
to freedom of expression.
But I never truly expected that in this vibrant cultural community that is Miami
Beach, where folks have so many different backgrounds, and many of them came
fleeing oppression… I never expected our local government to decide that showing
a film was so much against the values of the city that they had to shut us down.
I never expected our local government to enact retribution against an arts
organization for extending and fulfilling their artistic license and freedom to
show films.
So, what happens now?
The Mayor’s resolution to defund the cinema and cancel its lease will come to a
vote and a discussion on Wednesday. It’s my sincere hope that we will find an
amicable solution to this.
I mean, listen, I respect deeply held views. And I know the subject matter of
the film is certainly provocative, and it could evoke strong feelings. But good
films evoke strong feelings. As a filmmaker, I always say you don’t have to like
my movies, but I want to make you feel something one way or another.
This film, clearly, evokes strong feelings in local government. But I hope
cooler heads will prevail and we can move forward operating in the city, because
we love the city of Miami Beach, and our community loves us. That’s evident by
how they come out to see our films, and how they came out to see this one.
On Wednesday, the nonprofit organization Disability Rights Florida sued the
Florida Department of Children and Families, claiming that the state agency
failed to collect data and compile comprehensive annual reports on the people
it’s involuntarily committing.
Florida’s Baker Act, which first passed in 1971, has required specific
data—including the length of commitments and the diagnoses of those committed—to
be collected since 2007. But it hasn’t been doing that, according to Disability
Rights Florida. What available data does show, however, is that children with
alleged mental health issues in Florida are involuntarily committed at higher
rates than children in other states under similar laws. From 2020 to 2021,
around one in five people involuntarily committed under Florida’s Baker Act was
18 or younger. In 2020, Florida involuntarily committed a 6-year-old with ADHD,
a case that made national news.
> Children in Florida are involuntarily committed at higher rates than children
> in other states under similar laws.
To be committed under the Florida’s Baker Act, which is officially known as the
Florida Mental Health Act, three criteria need to be met: a person must refuse a
voluntary exam, be believed to have a mental illness, and be deemed a threat to
themselves or others. After an initial hold of up to 72 hours, the person can be
forced to continue to have involuntary inpatient or outpatient treatment by a
judge for up to six months, and this can be extended again at the judge’s
discretion.
“The Baker Act requires that DCF track important facts about how involuntary
psychiatric care is used, like how long the average patient stays in a receiving
facility,” said Sam Boyd, Southern Poverty Law Center senior attorney in a press
release. SPLC and the Florida Health Justice Project are representing Disability
Rights Florida in its lawsuit. “Its failure to do so interferes with Disability
Rights Florida’s responsibility to protect and advocate for individuals subject
to involuntary psychiatric examination.”
While the issues that Disability Rights Florida is alleging with data collection
did not start under Governor Ron DeSantis, changes to the Baker Act have
happened under him. DeSantis approved legislation this past June that would make
it easier for police officers to put people on an involuntary psychiatric hold.
DeSantis has previously claimed that involuntary commitments would stop mass
shootings. However, research largely suggests that some mass shooters’ having a
mental health diagnosis is more often coincidental than a contributing factor to
such violence.
A 2021 SPLC report found that the use of the Baker Act has outpaced the increase
of mental health diagnoses in the state, especially for children. “This
explosion in Baker Act use has coincided with a drastic increase in police
presence in schools,” the report notes, “suggesting that the Baker Act is being
used punitively in some cases, like juvenile arrests and incarceration, to
target and remove children that teachers, administrators, and school police
perceive as uncontrollable or undesirable.” SPLC highlighted that at Palm Beach
schools during the 2019-2020 school year, 40 percent of students involuntarily
committed were Black, despite making up 28 percent of the student population.
Involuntary commitments may also play a role in how forthcoming people may be
about their mental health. One small 2019 study, for instance, found that people
were less likely to want to disclose concerning psychiatric symptoms, such as
suicidal ideations, to a mental health provider after an involuntary commitment.
The Florida Department of Children and Families did not reply to a request for
comment on the lawsuit. The lawsuit, which the state has not responded to yet,
requests that the court require the state agency to start collecting better data
and compile annual reports.