A judge Tuesday ruled in favor of the father of a 12-year-old student who challenged the Los Angeles Unified School District’s student COVID-19 jab mandate, finding that the resolution approving the directive clashes with state law.
HUGE NEWS: A judge ruled this morning that @LASchools’ student Covid vaccine mandate was illegal, blocking LAUSD from sending kids to independent study for not getting the Covid vaccine. pic.twitter.com/E3mhaKIGhd
— Reopen California Schools (@ReopenCASchools) July 5, 2022
The decision means that “parents whose children were injured, either by having to have their child vaccinated (regardless of whether your child has a vaccine injury or not) or whose child was shifted into independent study, now have an opportunity to sue for monetary damages,” according to Steve Kirsch.
— Black Sheep 👁 (@BlackSheepAwake) July 6, 2022
FOX 11 provided additional details:
Three months after hearing arguments and taking the case under submission, Los Angeles Superior Court Judge Mitchell Beckloff reversed his tentative ruling in which he said he was initially inclined to find in favor of the LAUSD in the case brought by the father, who is identified in court papers only as G.F. and his son as D.F.
G.F. filed the case last Oct. 8 on behalf of himself and his son, a Science Academy STEM Magnet school student. G.F. maintained the state and not the LAUSD is authorized to issue vaccination mandates and that the district’s requirement that unvaccinated pupils 12 years old and over attend independent learning classes outside campus violates the state Education Code.
The judge noted in his ruling that if D.F. remains unvaccinated, he will be forced to leave the academy and be subjected to a different curriculum. Beckloff further said that while the Board of Education’s authority is “great,” it is not unlimited. He found that the student vaccine resolution approved Sept. 9 conflicts with state law and clashes with the state Health and Safety Code by not allowing exemptions for personal beliefs.
“While LAUSD argues the court’s ruling should apply to D.F. only, the court finds no justification for such a limitation given the board’s lack of authority to adopt the resolution,” Beckloff wrote.
In a sworn declaration, G.F. says he believes the vaccine could irreparably harm his son, who has already contracted and recovered from the coronavirus and may have strong natural immunity.
“Further, I worry that vaccinating him could prove even more dangerous now that he has had COVID-19,” G.F. says. “Among other things, I fear that the vaccination could overexcite his immune system and antibodies.”
Kirsch explained the implications of the decision and how impacted parents can obtain monetary damages.
The decision means that:
- LAUSD was wrong in requiring the COVID vaccines
- For all but ten vaccines, a personal belief exemption must be respected.
- LAUSD can no longer send kids away from their school and to independent study because they are not vaccinated.
- Only the Department of Public Health can mandate vaccines, not the schools
- The ruling applies to all students, not just the student filing the complaint
- Parents whose children were injured, either by having to have their child vaccinated (regardless of whether your child has a vaccine injury or not) or whose child was shifted into independent study, now have an opportunity to sue for monetary damages.
If you are in the last category, please register here and I’ll let you know how you can join with other parents to preserve your rights and to potentially recover monetary damages.
Read the judge’s ruling HERE.