Florida Still Can’t Enforce Stop WOKE Act Against DEI Training, 11th Circuit Rules

March 26, 2024

What's New

Florida still cannot enforce its Individual Freedom Act, nicknamed the “Stop WOKE Act,” after a federal appeals court upheld a federal district court’s preliminary injunction.

In Honeyfund v. Florida, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the preliminary injunction granted by the U.S. District Court for the Northern District of Florida on March 4, 2024. The district court had found that the statute is both unconstitutionally vague and unlawfully restrictive of speech. The case now goes back to the district court for a ruling on the merits.

What It Means

It is important to note that the Eleventh Circuit panel was ruling not on whether the statute is unconstitutional but only on whether the district court had abused its discretion in granting the preliminary injunction. However, in reaching that decision, the appellate panel had to evaluate whether the lawsuit is likely to succeed on the merits. Based on its reasoning, it does not appear that Florida is likely to prevail, but that remains to be seen.

What You Should Do

The injunction prohibiting Florida from enforcing the Stop WOKE Act remains in place while the case proceeds, so for now, Florida employers may continue their DEI training. CWC members can discuss their questions with other members and our staff in a Conversation Corner or seek assistance from CWC staff through MemberAssist at [email protected].

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