Florida Ends Mask Mandate Case

Florida Ends Mask Mandate Case

Florida Ends Mask Mandate Case

Re: the Legality of CDC’s authority to mandate masks

 

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Facts of the Case

  • Dates: (filed) July 12, 2021
  • Location: Tampa, Fla, USA
  • Court: US District Court, Middle District of Florida, Tampa Div
  • Case #: 8:21-cv-01693 \ 8:21-cv-1693
  • Plaintiff: HFDF, Ana Carolina Daza & Sarah Pope
  • Plaintiff’s Lawyer: Hadaway
  • Defendant: Joe Biden, CDC, HHS
  • Trial Type:
  • Judge: Kathryn Kimball Mizelle
  • Status: Decided (April 18, 2022)
  • Verdict: for the Plaintiff


*updated April 27,2022

Background

The lawsuit – challenging the validity of Mask Mandates–  was brought by two Florida residents who argued that being required to wear masks on airplanes aggravated their anxiety—a condition that is not exempted from forced masking under the mandate. They are represented by the Health Freedom Defense Fund (HFDF). [3]

HFDF is a not-for-profit public benefit Wyoming corporation with its headquarters in Sandpoint, Idaho. HFDF is a member organization that seeks to advocate for and educate the public on the topics of medical choice, bodily autonomy, and self-determination, and
that opposes laws and regulations that force individuals to submit to the administration of medical products, procedures, and devices against their will. [5]

The CDC is not a nationwide police force, and is not empowered to make laws,” said Leslie Manookian, Founder and President of Health Freedom Defense Fund. “Nevertheless, with no legal authority to do so, these unelected, unaccountable technocrats have forced every citizen in America to wear a mask when they travel. We believe that Americans have the right to think for themselves and make their own health care choices without the meddling of government. Americans must not be dictated to in this manner by anyone, let alone unelected, unaccountable technocrats at CDC.” [4]

 
the order

The mask-wearing requirement had been initially imposed in early 2021, shortly after President Joe Biden took office in an effort to slow the spread of COVID-19. [1] – Executive Order Number 13998 issued by Defendant Biden on January 21, 2021 [5].

Shortly thereafter, the nationwide mask mandate was issued by the CDC  –  a department of HHS, on January 29, 2021, entitled, “Requirement for Persons to Wear Masks While on Conveyances and at Transportation Hubs” (the “Mask Mandate”), 86 Fed. Reg. 8025, [5]

Just last week, the (CDC) agency extended the transportation mask mandate (which had been set to expire originally on April 18) through May 3 — allowing officials to take more time to study the BA.2 subvariant of COVID-19. [1]

 
The Problem with Mask Mandate

“The fact is that the police power — that is the power to regulate the health, safety and welfare of Americans — was specifically reserved to the States by our Constitution,” said George Wentz of the Davillier Law Group, legal counsel for the Plaintiffs. “With the mask mandate, not only does the CDC usurp the role of the States by attempting to exercise general police powers, but at the same time it steps into the shoes of Congress and makes a nationwide law. We are confident that the CDC is way out of bounds here, and the Court will strike down the mask mandate.” [4]

Masks have been approved for use by the general public under an emergency use authorization (EUA) and are considered investigational products under the law. Their efficacy has not been proven, and their short and long-term side effects have not been studied. Recent studies have shown that masks do more harm than good, and expose the wearer to levels of carbon dioxide well above levels permitted by OSHA in the workplace. [4]

Members of Health Freedom Defense Fund feel strongly that they should not, and cannot, be forced to wear masks and that no one should have the power to force another person to cover their airway. [4]

 
Airline CEO’s Call to End Masks

Last month (March 2022), governors from 21 states sued the Biden administration to end the federal public transportation mask mandate, arguing that the continued enforcement “harms the states” and interferes with some local laws. [1]

In an open letter released by the travel-industry lobbying group Airlines for America, the group is calling on the Biden administration to “sunset federal transportation travel restrictions.” The group argues that the restrictions no longer reflect the “realities of the current epidemiological environment.” [2]

The letter was signed by the leaders of 10 U.S. companies, including six of the largest airlines in the country: Alaska Airlines, American, Delta, JetBlue, Southwest and United. [2]

It makes no sense that people are still required to wear masks on airplanes, yet are allowed to congregate in crowded restaurants, schools and at sporting events without masks, despite none of these venues having the protective air filtration system that aircraft do,” wrote the CEOs of all major airlines in a letter to the Biden administration. [3]

 
21 States Challenge the Mask Mandate

Governors from 21 states are suing to end the federal public transportation mask mandate, claiming the continued enforcement “harms the states” and interferes with some local laws. [7]

“President Biden’s shortsighted, heavy-handed and unlawful travel policies are frustrating travelers and causing chaos on public transportation,” Florida Attorney General Ashley Moody, who is leading the states’ effort, said in a statement. “It’s long past time to alleviate some of the pressure on travelers and those working in the travel industry by immediately ending Biden’s unlawful public transportation mandates.” [7]

Joining the mostly Republican-led effort are three states with Democratic governors — Kansas, Kentucky and Louisiana. [7]

Last month (Feb 2022), leaders in Texas filed their own, similar complaint against the Biden administration. [7]

  • The Centers for Disease Control and Prevention’s (CDC) mandate was unlawfully issued. It was not authorized by Congress, and the CDC did not put the mandate up for notice and comment, which is ordinarily required for regulations like this. Yet a person’s failure to comply with the Administration’s mask mandate carries criminal penalties. [8]

Biden’s repeated disregard of the individual liberties of Texans is not only disrespectful to the U.S. Constitution, it is also troublesome that any president thinks they can act above the law while hardworking Americans standby,” said Attorney General Paxton. “President Biden cannot continue governing through executive edicts. Now is the time to strike down his administration’s air-travel mask mandate. I’m proud to stand alongside my friend Congresswoman Van Duyne and her counsel at TPPF to protect Texans’ liberty and the rule of law.” [8]

(Read a copy of the Texas complaint here)

Many states and cities have already lifted COVID-19 restrictions as they’ve seen a decline in cases and hospitalizations locally. [7]

The states’ lawsuit says the CDC should end its mandate in light of this trend. [7]

“More recently, even lockdown States like California have announced the end of their mask mandates. Still, the CDC unabashedly leaves its mandate intact,” their complaint says. [7]

 

Significance

This challenge could undo the power of the Federal government to enforce Mask Mandates

 

Plaintiff’s Argument

(from the original complaint) [5]

5. Plaintiffs challenge the Mask Mandate pursuant to 5 U.S.C. § 706(2) of the Administrative Procedure Act (the “APA”) on grounds that it:

a. is not in accordance with and exceeds the CDC’s statutory and regulatory authority under 42 U.S.C. § 264(a) and 42 C.F.R. §§ 70.2,
71.31(b), and 71.32(b);

b. is a rule that was enacted without observance of notice and comment procedures required by the APA; and/or

c. is arbitrary and capricious, in that it exempts children under age 2 without regard to scientific evidence of the impact of prolonged mask use on persons of all ages.


6. Alternatively, if the Mask Mandate does not exceed Defendants’ statutory and regulatory authority, then 42 U.S.C. § 264 (a) constitutes an unlawful delegation of legislative authority.


7. As well, Plaintiffs challenge the Executive Order on grounds that it constitutes an improper exercise of legislative authority by the Executive Branch, and that it further improperly asserts a general police power that has traditionally been relegated to the States, in derogation of the Separation of Powers under the United States Constitution.

Case 8:21-cv-01693 Document 1 Filed 07/12/21 Page 3 of 28 PageID 3

 

Defendant’s Argument]

…More information is needed…

 

Relevant Prior Judgements/ Cases

a Florida Federal Court has struck down the CDC’s cruise line order as unsupported by law, and five justices of the Supreme Court recently appear to have agreed that the CDC over reached with its nationwide eviction moratorium. [4]

 

Decision

U.S. District Judge Kathryn Kimball Mizelle ruled that the federal mask mandate on planes, trains, buses and other modes of public transportation is “unlawful.” [1] and Vacates It [3]

“Within the past two years, the CDC has found within § 264(a) the power to shut down the cruise ship industry, stop landlords from evicting tenants who have not paid their rent, and require that persons using public conveyances wear masks. Courts have concluded that the first two of these measures exceeded the CDC’s statutory authority under §264. … [9]

No court has yet ruled on the legality of the third. At first blush, it appears more closely related to the powers granted in§ 264(a) than either the sail order or the eviction moratorium. But after rigorous statutory analysis, the Court concludes that§ 264(a) does not authorize the CDC to issue the Mask Mandate….” [9]

“Our system does not permit agencies to act unlawfully even in pursuit of desirable ends,” writes Judge Kathryn Kimball Mizelle. [3]

Mizelle wrote in a summary that the Centers for Disease Control and Prevention had exceeded its authority and failed to follow proper rulemaking procedures. [1]

In a 59-page ruling, Mizelle argues that the mandate violates the Administrative Procedure Act, as the agency failed to prove its decision regarding implementing the mandate [1]

The ruling was detailed in analyzing the language of the CDC’s authority as written by Congress in 1944. In particular the meaning of words such as sanitation were scrutinized as to their original meaning– not the re-interpretation by the CDC today. [9]

“One definition it relies upon is even broader, defining “sanitation” as the “applying of measures for preserving and promoting public health.” If Congress intended this definition, the power bestowed on the CDC would be breathtaking. And it certainly would not be limited to modest measures of “sanitation” like masks. It would also justify requiring that businesses install air filtration systems to reduce the risks from airborne contagions or install plexiglass dividers between desks or office spaces. So too, a power to improve “sanitation” would easily extend to requiring vaccinations against CO VID-19, the seasonal flu, or other diseases. Or to mandatory social distancing, coughing-into-elbows, and daily multivitamins….” [9]

Further the infringement on the powers of the state was important. As were the guidance in the statute that Congress authorised the CDC to deal with foreign travel and not domestic\interstate travel. It was also found illegal that the public were not allowed a voice which is required by law.

Finally the judge found the claim by the CDC that masks were needed without providing any evidence to prove this, extremely troubling and highly insufficient to restrict the liberties of all people including the healthy [9]

“Although a closer question than the failure to properly invoke the good cause exception, the Mask Mandate fails this reasoned-explanation standard. Beyond the primary decision to impose a mask requirement, the Mask Mandate provides little or no explanation for the CDC’s choices. Specifically, the CDC omits explanation for rejecting alternatives and for its system of exceptions. And there are many, such that the overall efficiency of masking on airplanes or other conveyances could reasonably be questioned.” [9]

“…the Mask Mandate fails this reasoned-explanation standard. Beyond the primary decision to impose a mask requirement, the Mask Mandate provides little or no explanation for the CDC’s choices. Specifically, the CDC omits explanation for rejecting alternatives and for its system of exceptions. And there are many, such that the overall efficiency of masking on airplanes or other conveyances could reasonably be questioned.” [9]

“The Mandate does not address alternative (or supplementary) requirements to masking, such as testing, temperature checks, or occupancy limits in transit hubs and conveyances. It also does not explain why all masks – homemade and medical-grade – are sufficient. Nor does it require “social distancing [or] frequent handwashing,” despite finding these effective strategies for reducing CO VID-19 transmission…” [9]

“Even if these alternatives were not so obvious that the CDC had to explain its decision to reject them, the Mandate fails to explain other significant choices. For example, the Mandate relies on studies explaining that “universal masking” reduces transmission of COVID-19 at the community level. 86 Fed. Reg. at 8028.” [9]

“But the Mandate does not require universal masking. It exempts individuals who are “eating, drinking, or taking medication” and a person who is “experiencing difficulty breathing” or who is “feeling winded.” It also excludes individuals who cannot wear a mask due to an ADA-recognized disability and all children under two years old. The Mandate makes no effort to explain why its purposes-prevention of transmission and serious illness-allow for such exceptions. Nor why a two-year-old is less likely to transmit COVID-19 than a sixty-two­ year-old….” [9]

“In sum, irrespective of whether the CDC made a good or accurate decision, it needed to explain why it acted as it did. Since the CDC did not explain its decision to compromise the effectiveness of its Mandate by including exceptions or its decision to limit those exceptions, the Court cannot conclude that the CDC “articulated a ‘rational connection between the facts found and the choices made.”[9]

 

Aftermath

Government Reaction

“The agencies are reviewing the decision and assessing potential next steps. In the meantime, today’s court decision means CDC’s public transportation masking order is not in effect at this time,” according to a Biden administration official. [1]

“Therefore, TSA will not enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs at this time.” [1]

 
Defendant’s Response

“The court agreed with our main arguments and rejected the CDC’s justifications for the mask order,” said Daviller Law Group attorney Brant C. Hadaway. “The judge found that the CDC exceeded its statutory authority, and that the CDC’s interpretation of its authority was not entitled to deference.” [6]

“An agency is also supposed to provide notice and comment and reasonably explain itself,” Hadaway said. “The CDC’s mask order fell short of both requirements.” [6]

“Without any public comment, or serious scientific justification, CDC bureaucrats imposed a sweeping Travel Mask Mandate applying to every American over the age of two,” said HFDF President Leslie Manookian. “There are laws that set boundaries for federal agencies to protect individual freedom and the Court clearly found that CDC exceeded those limits. Unelected officials cannot do whatever they like to our personal freedoms just because they claim good motives and a desirable goal.” [6]

 
Airlines Response

United Airlines has put out an official statement that clarified that it will no longer be enforcing masks on airline travel. [10]

Effective immediately, masks are no longer required at United on domestic flights, select international flights (dependent upon the arrival country’s mask requirements) or at U.S. airports,” UA said in a statement. [10]

Alaska Airlines has also reportedly lifted its mask mandate. [10]

The TSA announced it was no longer enforcing it. [10]

Admin Official: “Today’s court decision means CDC’s public transportation masking order is not in effect at this time. Therefore, TSA will not enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs at this time” [11]

Both United and American Airlines tell @ABC  they will continue to require masks on board aircraft for customers and employees, “despite the decision by a federal judge on Monday that struck down the federal mask mandate” as they await on more guidance from the US government. [12]

 
more

Liberty Counsel Founder and Chairman Mat Staver said,

“Since the beginning of the COVID pandemic the CDC has unlawfully exceeded its authority and discredited the agency by its contradictory and ever-changing statements. This court decision is yet another blow to the CDC and the Biden administration. Many people have been harassed, punished, and fined over the travel mask mandates stemming from the CDC’s unlawful policy. Any traveler who was punished over this mask mandate should have that punishment reversed. The CDC should be the watch dog to protect public health. However, like the FDA, it has become the lapdog for the pharmaceutical industries and specials interest groups. Liberty Counsel is continuing the fight to get all the shot mandates overturned.” [13]

 


Further Research

Court Documents:
In the news:

 

Media


VICTORY! Meet The Team Behind The CDC Mask Mandate Repeal

source: Odysee\theAmericanJournal


Court Defeats CDC Mask Mandates -Apr 22, 2022

source: odysee\shortXXvids


Masks Off! Should we Applaud?

source: Ron Paul Liberty Report


HFDF Lawyers Discuss Mask Suit & more on CA61

source: Odysee\Corona-Ausschuss


SouthWest Airways Passengers Cheer End of Mask Mandate

source: capitalismmagazine.com


Mask Science according to the Industrial Hygienists

source: tyscienceguy.com


Why Masks Don’t Work Pt. 1 -Apr 5 2022

source: odysee\shortXXvids


Why Masks Don’t Work Pt. 2 -Apr 5 2022

source: odysee\shortXXvids


US Army Doctor Vaccine Whistleblower -Apr 13, 2022

source: odysee\shortXXvids


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Hailey Mask Order Case

Hailey Mask Order Case

Hailey Mask Order Case

Re: the Legality of Mask Mandates

 

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Facts of the Case

  • Dates: Sept 27, 2021
  • Location: Hailey, Idaho, USA
  • Court: US District Court of Idaho
  • Case #: 1:21-cv-389
  • Plaintiff: HFDF, Ryan Blaser, Michelle Sandoz, Barbara Mercer, Emily Knowles (& children) & Kendall Nelson
  • Plaintiff Counsel: Alan Shoff, Davillier Law Group

  • Defendant: City of Hailey, Idaho & Martha Burke (Mayor)
  • Trial Type: Complaint for declaratory & injunctive relief- demand for jury trial
  • Judge: TBD
  • Status: Ongoing
  • Verdict: TBD


 

Background

This is the second Mask Mandate Order and also the second time this is being challenged.

The Health Freedom Defense Fund (HFDF) together with several individual plaintiffs (residents of Blaine County, Idaho) submitted a demand for jury trial in the matter of the mask mandate in schools, which is claimed to be contra to constitutional law and invalid in the light of emergency FDA authorization. [1]

HFDF is a not-for-profit public benefit Wyoming corporation, which opposes laws and regulations that force individuals to submit to the administration of medical products, procedures, and devices against their will. [1]

September 13, 2021, the Hailey city council voted unanimously to reinstitute another unlawful mask mandate upon its citizens. [2]

Health Freedom Defense Fund and its members have opposed Hailey’s unlawful mask mandates since the first mandate was implemented in July of 2020 due to the fact they are unscientific, a violation of federal law, and a violation of basic human rights. Throughout 2021, HFDF sent the city demands to repeal their mask order informing them legal action would come and finally after no action was taken, HFDF sued Mayor Martha Burke and the City of Hailey in May 2021.

The same day the lawsuit was filed, Hailey Mayor Martha Burke issued a new health order removing Hailey’s mask mandate which was followed on May 10th, with a vote by the city council to rescind the mask mandate.

The City has twenty days to respond to the filing.

HFDF president Leslie Manookian said, “Not only are mask mandates illegal, they violate some of our most basic human rights such as the right to determine for ourselves how we stay healthy as well as the right to breathe unhindered and no government official has the right to deprive us of those rights.”

 

Significance

This case challenges the legality and medical efficacy of mask mandates. The Mask Mandate is preempted under the Supremacy Clause by the federal law under which the Food and Drug Administration (“FDA”) issued the Emergency Use Authorization (“EUA”) for mask use, which requires that use of masks must be optional. [1]

 

Similar complaints for similar reasons have been filed. e.g. IN THE UNITED STATES DISTRICT COURT, FOR THE DISTRICT OF IDAHO, 15th October 2021, Case No. 1:21-cv-406 [1]

 

Plaintiff’s Argument

In the US, most masks have been issued under Emergency Use Authorization (EUA) and the terms of the EUA granted by FDA clearly state that the product must not be:

“labeled in such a manner that would misrepresent the product’s intended use; for example, the labeling must not state or imply that the product is intended for antimicrobial or antiviral protection or related uses or is for use such as infection prevention or reduction”. [2]

Thus, the FDA recognizes masks do nothing to stop the spread of viruses or infectious agents. [2]

  1. Not only does FDA acknowledge masks do not prevent the spread of the virus, the terms of the EUA also require that those using the products be given the right to accept or refuse use of the product. See Link. [2]
  2. The FDA has determined that the efficacy of face coverings for reducing or preventing infection from SARS-CoV-2 has not been established, and that it would be misleading to state that they are effective in preventing or reducing such infection.
  3. Similarly, the FDA has stated in three instances that face masks are not intended to reduce or prevent infection:
  4. The product is not intended for any use that would create an undue risk in light of the public health emergency, for example the labeling does not include uses for antimicrobial or antiviral protection or related uses or uses for infection prevention or reduction or related uses and does not include particulate filtration claims. Id. at 7, repeated twice on page 8.

In summary:

  • Masks for prevention of transmission of the virus are only granted emergency approval by the FDA. This requires the use of masks to remain optional, while the normal testing, evaluation, and approval process for use of such masks is ongoing. This process has been illegally bypassed by the FDA due to an emergency. [1]
  • The mask mandate implements a human experiment, while the medical and psychological effects of the masks has not been tested, evaluated, and approved by the FDA under normal procedures. It thus violates Idaho law. [1]
  • The Mask Mandate violates Plaintiffs’ fundamental human rights re 14th Amendment USA [1]
  • The Mask Mandate has been placed in force contrary to the Constitution and laws of the United States. [1]

In Jacobsen vs. Massachusetts, a landmark case on government-mandated medicine, the US Supreme Court unequivocally ruled that there must be clear public health benefit to justify the imposition of a medical mandate. There is little, if any, public health justification in this case as evidence from “gold-standard” mask studies show that facial coverings offer negligible benefit to the wearer or those in their vicinity when it comes to reducing viral transmission among the general population. That evidence even suggests that incorrect or long-term use of masks may increase the risk of transmission, especially with cloth or “community” masks. [3]

When comparing the potential benefit and potential harm of mask mandate policies, it is clear the balance is much more heavily weighted to the harmful side of the equation. [3]

 

Defendant’s Argument

…More information is needed…

 

Relevant Prior Judgements/ Cases

As mentioned above the Landmark 1905 Jacobson v Massachusetts, has been cited numerous times in recent courts to justify medical mandates. However this case does not support this. In fact the Supreme Court in 1905, was careful not to violate the right of bodily autonomy and Mr Jacobson was only fined and never vaccinated for Small Pox which was the feared epidemic at the time.

The court also determined that the Small Pox vaccine had nearly 100 years of data to support its efficacy as well as showing that no alternative treatments were available.

 

Decision

…More information is needed…

 

Aftermath

On November 9, 2021, Idaho news outlet KMVT reported: [4]

Council members decided not to rescind the mask mandate at the Monday meeting because they wanted to stay consistent with what neighboring cities are doing, and the COVID-19 risk level in the county is high. Hailey also sees a lot of tourists during the holiday season.

Mayor Burke said that was a clerical error on her part, but citizens do not need to worry because the health order can be rescinded at any point. The council will revisit and discuss the heath order again in 30 days.

One person who attended the meeting asked the council to rescind the mask mandate because he felt the issue is becoming more about emotion than logic. He said, “If you are worried about getting the virus then you can mask up and be protected, or if you have gotten the vaccination you should be able to be protected…the mandate to me doesn’t do anything right now since half the people I come in contact with are not wearing masks.”

 

In December, Idaho news outlet KMVT reported: [5]

The mask mandate in Hailey will stay in place through the holidays partially because of ski season and increased travel during the holidays.

A press release from the city says a 30-day review for the mandate will not be on the city council agenda for December. It will remain into Jan. 2022. The order in place now mandates masks for indoor public spaces and when social distancing is not possible outdoors.

The mask mandate is not required to be enforced by businesses, but the city says having it in place has been helpful for businesses.

 


Further Research

Court Documents:
In the news:
other:

 

Media

Hailey Mask Ordinance – July 2020

source: Idaho News 6

Mask burning at Idaho Capitol -March 7 2021

source: Bill C-Kole

 

References

  1. Complaint Case No. 1:21-cv-389
  2. HFDF Sues Hailey AGAIN Over Mask Mandate
  3. Masks Aren’t Just Ineffective, They’re Dangerous
  4. City of Hailey keeps mask mandate in place
  5. Mask mandate in Hailey to remain in effect through holidays

 

Keyword

Blaine County, Consent, Constitution, Emergency Use Authorization, EUA, FDA, Hailey, Health Freedom Defense Fund, HFDF, Idaho, Jacobson, Mandate, masks, Massachusetts, Public Health Emergency Order, Supremacy Clause


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LAUSD Vaccine Mandate Case

LAUSD Vaccine Mandate Case

LAUSD Vaccine Mandate Case

Re: Legality of LA School District to Mandate vaccines to staff as condition of employment

 

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Facts of the Case

  • Dates: Nov 03, 2021
  • Location: Los Angeles, California, USA
  • Court: Central District of California Western Division
  • Case #: 2:21-cv-08688-SB-MAA
  • Plaintiff: HFDF, CAEMF & others
  • Defendant: LAUSD
  • Trial Type: Demand for Jury Trial
  • Judge:
  • Status: Ongoing
  • Verdict: TBD

 

Background

Health Freedom Defense Fund (HFDF) and six individual plaintiffs from California Educators for Medical Freedom (CAEMF) filed a lawsuit against the Los Angeles Unified School District (LAUSD) challenging COVID-19 vaccine mandate for all teachers and staff. The defendants will be served this week. (1)

Health Freedom Defense Fund opposes laws and regulations that force Americans to submit to the administration of medical products, procedures, and devices against their will. (1)

Never in the history of this nation have citizens been subjected to such violations of their individual rights and liberties as they have under the constant state of emergency in effect in the United States for the last twenty months. The COVID emergency has been used to justify lockdowns, ban worship services, suspend jury trials, impose mask mandates, and now, to force vaccines, in what amounts to a clear violation of the most basic of human rights, that of bodily autonomy. (1)

 

Significance

This Case Challenges the Ability of the State to impose Medical treatments (especially new) on staff as a a condition of employment.

 

Plaintiff’s Argument

The lawsuit alleges an utter lack of justification for LAUSD’s mandate, citing robust science which demonstrates the inability of the currently authorized COVID-19 vaccines to prevent infection and transmission, the superior protection of natural immunity, and the significantly higher incidence of injuries, adverse reactions, and deaths from the COVID-19 injections compared to all prior vaccines brought to market. (1)

 

Leslie Manookian, president of HFDF said, “How have we come to a place in less than two years where many Americans now feel comfortable inquiring about the personal health choices of others and our government feels comfortable coercing healthy Americans to undergo a risky medical procedure in order to provide for their families? Have we become North Korea?” (1)

As CDC has admitted the COVID-19 vaccines do not prevent infection or transmission of SARS-CoV-2 and recent evidence demonstrates that vaccinated individuals are as likely to spread the Delta variant as the unvaccinated, any public health argument for the shots has disintegrated. (1)

“Instituting a vaccine mandate as a requisite of employment is a plain, palpable invasion of rights secured by the fundamental law and is unconstitutional,” said plaintiffs’ lead attorney John W. Howard. As such, LAUSD’s mandate also constitutes a serious invasion of the privacy rights of the plaintiffs. (1)

The complaint goes on to state that those injected with COVID vaccines can become “immunological cripples” dependent on vaccines for the foreseeable future, “super-spreaders” carrying extremely high viral loads in their nose and upper airways, and may become more clinically ill than the unvaccinated, with a higher chance of death and severe hospitalization.(1)

Attorneys claim the plaintiffs in the case have been stripped of their liberty protected by the Fourteenth Amendment to the Constitution, which includes rights of personal autonomy, self-determination, bodily integrity, and the right to reject medical treatment. (1)

 

Defendant’s Argument

…More information is needed…

 

Decision

Aftermath

Further Research

Media

……

source: ….

….

source: ….

 

References

  1. https://healthfreedomdefense.org/2021/11/health-freedom-defense-fund-sues-los-angeles-unified-school-district-over-staff-vaccine-mandate/
  2.  

 

Keyword

HFDF, Los Angeles, LAUSD, School, California, court, federal, Florida, Mandate, USA, Vaccine, Educators for Medical Freedom, CAEMF


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