Lawsuit challenging California’s COVID-19 vaccine mandate gains progress
The Ninth Circuit Court of Appeals breathed new life into a California lawsuit challenging a COVID-era vaccine mandate imposed on workers in Los Angeles schools. The lawsuit was initially dismissed by a lower court, which deemed it moot due to the mandate ending in 2023. However, the Ninth Circuit overturned this decision in a 2-1 ruling, allowing the case to proceed.
The court pointed to the Los Angeles Unified School District’s inconsistent implementation of the vaccine policy as a reason to keep the case active. The court stated, “The record supported a strong inference that LAUSD waited to see how the oral argument in this court proceeded before determining whether to maintain the Policy or to go forward with a pre-prepared repeal option.” This indicated that the school district could potentially reinstate the mandate in the future.
Furthermore, the court acknowledged the plaintiffs’ argument that the COVID-19 vaccine may not effectively prevent the spread of the disease but rather mitigate symptoms for those who contract it. This raises questions about the legality of mandating the vaccine against individuals’ will.
This legal battle comes on the heels of California’s reversal of a vaccine mandate for students, which was part of a broader rollback of COVID-19 restrictions imposed by Gov. Gavin Newsom. California made headlines as the first state to issue a statewide stay-at-home order during the pandemic.
Last year, several California parents challenged a state law that eliminated religious exemptions for school-mandated vaccines. This federal lawsuit, brought by Advocates for Faith and Freedom, argued that the legislation infringes on parents’ constitutional rights to make medical decisions for their children. The complaint pointed out that unvaccinated children under the law still engage in various activities where they could potentially spread illness.
