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. 


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.

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