A lawsuit against California over its COVID-era vaccination mandate was given new life Friday after the 9th Circuit Court of Appeals overturned a lower court’s decision to dismiss the case.
The lawsuit targets Los Angeles schools that imposed a vaccination mandate on employees. Lawyers for the schools had argued that the lawsuit was moot because the mandate ends in 2023. The 9th Circuit Court of Appeals disagreed, ruling 2-1 that the employees could move forward with their lawsuit.
“The Los Angeles Unified School District’s pattern of reversing and reinstating its vaccination policy was sufficient to keep this litigation viable,” the court wrote. “The record supports a strong inference that the Los Angeles Unified School District waited to see how oral argument before this court would proceed before deciding whether to maintain its policy or to move forward with a previously prepared reversal.”
“LAUSD expressly reserved the option to reconsider the vaccination mandate. Accordingly, LAUSD has not met its heavy burden of showing that there is no reasonable possibility it could reimpose a similar policy,” the ruling continued.
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A lawsuit against California over its COVID-era vaccination mandate was given new life Friday thanks to a ruling from the 9th Circuit Court of Appeals. (Patrick T. Fallon/AFP via Getty Images)
Importantly, the court found that the plaintiffs had “plausibly argued” that the COVID-19 vaccine “does not effectively prevent the ‘spread’ of the disease,” but rather only alleviates symptoms in those who are infected. Therefore, the court said, they could argue that there was no legal basis to force workers to get vaccinated against their will.
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The ruling comes nearly a year after California reversed its policy of requiring students to get vaccinated, a move that came as part of Gov. Gavin Newsom’s rollback of sweeping COVID-19 restrictions.
The ruling comes nearly a year after California rescinded its vaccine mandate for students as part of Gov. Gavin Newsom’s broader rollback of COVID-19 restrictions. (AP Photo/Damien Dvarganes)
California was the first state A statewide stay-at-home order will be imposed during the pandemic.
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California parents also filed a lawsuit last year challenging a state law that eliminated religious exemptions. Mandatory vaccinations in schools. A federal lawsuit filed by Advocates for Faith and Liberty, a nonprofit law firm that aims to protect religious freedom, challenges SB 277, arguing that the law’s limitations on religious exemptions violate parents’ constitutional rights to make medical decisions for their children.
California was the first state to issue a statewide stay-at-home order during the pandemic. (Robert Gautier/Los Angeles Times via Getty Images)
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“California has not shown that students exempted for religious reasons pose a greater risk than students exempted for secular reasons,” the lawsuit states. “Unvaccinated children exempted under SB 277 remain free to sweat it out together in weekend sports leagues, participate in public extracurricular activities, and attend hours of worship at their churches and synagogues.”
Fox News’ Daniel Wallace contributed to this report.
