by Health Freedom Defense Fund
August 10, 2021
We are pleased to report that through our efforts, vaccination with the experimental COVID-19 shots, issued under Emergency Use Authorization (EUA), is no longer mandatory at the Los Angeles Unified School District (LAUSD). On July 27, 2021, the case against LAUSD was dismissed without prejudice, as the judge concluded the district had indeed abandoned the mandatory C-19 vaccination policy, communicated through various channels to the public, teachers, and staff before the lawsuit was filed.
This is a BIG win – because of the lawsuit, LAUSD represented to the court on the record that it does not have a policy requiring vaccination with EUA products. Since the court has now confirmed the absence of any policy requiring vaccination at LAUSD, all teachers and staff are safe to return to work without vaccination or furnishing proof of vaccination in the fall.
We consider this an important victory for individual freedom for LAUSD personnel because it accomplished precisely what we sought in filing the lawsuit.
Importantly, the dismissal was without prejudice, meaning the complaint can be re-filed if LAUSD changes its policy and begins to require vaccination with an EUA product yet again. The dismissal was due to the fact that LAUSD had changed its previous policy and represented to the court it did not have a policy mandating EUA products. The Judge’s own words confirm this in the last line of the Order granting the Defendant’s Motion to Dismiss:
“That Defendants were contemplating requiring the vaccine, and then later reversed course and explicitly said they would not be, does not create a ripe case or controversy.”
Our lawsuit was filed in March because LAUSD mandated vaccination against COVID for all personnel. The following day after we filed our lawsuit, LAUSD attempted to reverse course by issuing a new policy stating the EUA vaccines were voluntary in direct contradiction to what had been communicated in emails, meetings, and the media.
At that point, when asked to specifically state to the court that they did not have a vaccination policy, LAUSD refused, thus confirming that they did have such a policy in place as a condition of employment.
Upon filing of our amended complaint, LAUSD filed a Motion to Dismiss on the basis that there was no policy of mandatory vaccination. In its Reply to our Opposition to their motion, they were forced to confirm – on the court record – no less than 8 times, that LAUSD does not require COVID-19 vaccination and that vaccination is purely voluntary. In other words, LAUSD did exactly what we had asked it to do from the start, and therefore the case was dismissed without prejudice.
Should a LAUSD official try to force an employee to take an EUA injection under penalty of termination, they should show them the LAUSD Reply Brief and the highlighted language showing their public position that there is no mandate for vaccination.
Although we wish the judge had decided the case on its merits and had expressly stated what we believe to be self-evident: that we have unalienable rights endowed by our Creator, and that among these is the right to determine what goes into our bodies, we are still delighted that our legal action prevented LAUSD’s illegal vaccine mandate and protected the rights of countless educators and staff.
We must all continue our fight and indeed Health Freedom Defense Fund will do so and appreciates you helping to spread the word and supporting our work.
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