By Jefferey Jaxen

A lawsuit funded by the Informed Consent Action Network (ICAN) has struck down the mandate requiring a COVID-19 vaccine in order to attend school in San Diego, California.

ICAN’s lead attorney, Aaron Siri, and his team filed a lawsuit on behalf of a parent whose child was mandated to receive the COVID-19 vaccine to remain enrolled in in-person learning in the San Diego Unified School District (SDUSD).  That lawsuit was consolidated with a lawsuit filed by Let Them Choose.  Both plaintiffs moved for a final decision from the Court asking it to find that the district does not have the authority to implement or enforce the Covid-19 vaccine mandate for students.

This morning, a judge for the Supreme Court of the State of California for the County of San Diego ruled that SDUSD’s mandate conflicted with state law and their action was therefore invalid. A copy of the tentative ruling, released prior to oral argument and confirmed after same, can be read here.  

In September 2021, SDUSD’s Board of Education voted to approve a ‘Vaccination Roadmap.’ The roadmap required all students who are eligible to receive an FDA-approved Covid vaccine to be vaccinated in order to attend school in-person and participate in extra-curricular activities. 

Although the court did mention that SDUSD’s ‘Vaccination Roadmap’ for students was a commendable act in its attempt to protect students, the court concluded: 

“Unfortunately, the field of school vaccinate mandates has been fully occupied by the State, and the Roadmap directly conflicts with state law.”  

In addition, the court wrote, “…a COVID-19 vaccine mandate without a personal belief exemption must be imposed by the Legislature. 

The basis for this decision, that school boards in California do not have the authority to require a COVID-19 vaccine, would apply to all school boards across California that are seeking to mandate a COVID-19 vaccine. 

ICAN’s lead attorney Aaron Siri took to Twitter immediately after stating:

Far from some happenstance event no one could see coming, California State Assembly member Kevin Kiley warned back in late October that California schools couldn’t mandate COVID-19 vaccines without personal belief exemptions.

The legal win follows another high-profile move by Los Angeles Unified School District last week. As over 30,000 students faced removal from school due to their refusal to take the COVID-19 vaccine, the LAUSD school board voted to delay the mandate and its penalties until fall of 2022. 

FOR MORE DETAILS ABOUT THE SAN DIEGO COURT DECISION, VISIT ICANDECIDE.ORG BELOW:
https://www.icandecide.org/ican_press/more-details-about-the-san-diego-strike-down/

Jefferey Jaxen

Jefferey Jaxen is a health journalist and featured in his weekly segment, ’The Jaxen Report’, on The HighWire. As an investigative journalist, researcher, and compelling writer, Jefferey serves as Lead editor of The HighWire News and Opinion Team.

Other Headlines

Coronavirus

American Board of Internal Medicine Revokes Certifications of Drs. Marik and Kory Over COVID-19 Treatment Claims

The American Board of Internal Medicine (ABIM) revoked the certifications of Dr. Pierre Kory and Dr. Paul Marik for allegedly spreading misinformation. ABIM said that Kory and Marik’s “statements about the safety and efficacy of ivermectin and hydroxychloroquine” as treatments for COVID-19“ are false and inaccurate because they are unsupported by factual, scientifically grounded, andContinue reading American Board of Internal Medicine Revokes Certifications of Drs. Marik and Kory Over COVID-19 Treatment Claims

More news about Coronavirus

Health & Nutrition

Time Magazine Changes Headline About Ultra-Processed Foods After Online Backlash

Time Magazine received criticism and backlash for publishing an article originally titled, “What if Ultra-Processed Foods Aren’t as Bad as You Think?” The outlet has since changed the title to “Why One Dietitian is Speaking Up for Ultra-Processed Foods.” This comes after a Tucker Carlson segment about health issues in the United States has goneContinue reading Time Magazine Changes Headline About Ultra-Processed Foods After Online Backlash

More news about Health & Nutrition

Vaccines

FDA Renews Emergency Use Authorization for Updated COVID-19 Vaccines

The FDA has approved new formulations of the COVID-19 vaccines under Emergency Use Authorization (EUA). The fact sheet released by the FDA states, “An EUA is supported by a Secretary of Health and Human Services (HHS) declaration that circumstances exist to justify the emergency use of drugs and biological products during the COVID-19 pandemic. AContinue reading FDA Renews Emergency Use Authorization for Updated COVID-19 Vaccines

More news about Vaccines

Science & Tech

USDA Reopens Comment Period for Deregulation of Gene-Edited Plants

The deregulation of gene-edited plants is on the USDA agenda, and the public comment period has been extended by 21 days. The comment page has yet to be posted on the Federal Register. CRISPR is a new technology that is being used in agriculture to modify plants. “New Gene Technologies” or NGTs are how big agricultural companies like Bayer areContinue reading USDA Reopens Comment Period for Deregulation of Gene-Edited Plants

More news about Science & Tech

Environment

EPA Bans Herbicide Dacthal (DCPA) Over Fetal Health Risks

The EPA has banned Dacthal (DCPA), an herbicide commonly used on vegetables, following an assessment last year that showed severe risks for unborn babies. This is the first time the EPA has initiated an emergency order of this kind in 40 years. Michael Freehoff from the EPA Office of Chemical Safety and Pollution Prevention said,Continue reading EPA Bans Herbicide Dacthal (DCPA) Over Fetal Health Risks

More news about Environment

Policy

NTP Report Links Fluoride to Lower IQ in Children Amidst Ongoing EPA Lawsuit

A new report has found that water fluoridation levels at the World Health Organization’s (WHO) recommended levels are linked to lower IQ in children. The report was conducted by the National Toxicology Program (NTP), a division of the Department of Health and Human Services (HHS). The federal agency reviewed and analyzed previous studies before concludingContinue reading NTP Report Links Fluoride to Lower IQ in Children Amidst Ongoing EPA Lawsuit

More news about Policy