Ninth Circuit Revives Lawsuit Against LAUSD’s COVID-19 Vaccine Mandate

Lawsuit LAUSD Covid-19 vaccine mandate

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Ninth Circuit Revives Lawsuit Against LAUSD’s COVID-19 Vaccine Mandate

On Friday, June 7, 2024, the Ninth Circuit Court of Appeals breathed new life into a lawsuit challenging the COVID-19 vaccine mandate imposed by the Los Angeles Unified School District (LAUSD) on its workers. The court overturned a lower court’s dismissal of the lawsuit, which had argued that the case was moot given the end of the mandate in 2023. The Ninth Circuit, however, disagreed in a 2-1 ruling, allowing the workers to proceed with the case. The court noted LAUSD’s pattern of withdrawing and then reinstating its vaccination policies, suggesting the issue was not settled and the lawsuit remained relevant.

The plaintiffs, including the Health Freedom Defense Fund, Inc. and California Educators for Medical Freedom, had challenged the mandate, arguing it interfered with their fundamental right to refuse medical treatment. Initially dismissed by the United States District Court for the Central District of California, which applied a rational basis review under Jacobson v. Massachusetts, the case was appealed to the Ninth Circuit. During the appeal, LAUSD rescinded its vaccination policy but the court held that the case was not moot due to LAUSD’s history of policy reversals.

On the merits, the Ninth Circuit found that the district court had misapplied Jacobson, as the plaintiffs had plausibly alleged that the COVID-19 vaccine does not effectively prevent the spread of the disease. The court vacated the district court’s order and remanded the case for further proceedings under the correct legal standard. This ruling could have significant implications for future decisions regarding vaccine mandates, particularly in light of California’s rollback of COVID-19 restrictions under Governor Gavin Newsom. – Posted 06/09/2024, check back for updates