Judge Rules School District Vaccine Mandate is Illegal; Parents Can Now Sue

A huge court case just wrapped up in California that sets a new and important standard when it comes to vaccine mandates in schools. A Superior Court judge has ruled that the Los Angeles Unified School District (LAUSD) illegally implemented a K-12 vaccine mandate for all students.

That mandate is now on hold, because LAUSD plans to appeal the case and see if they can get it overturned.

It’s likely that the LAUSD will fail in federal appeals court or even in Supreme Court if it’s ultimately necessary, and then there will be a federal precedent for stopping school mandates everywhere. Hallelujah!

Governor Hair Gel out in California has imposed a mandatory vaccine for all in-person students that won’t start until the upcoming 2022-2023 school year. But some school districts are so beholden to the idea of making money for Pfizer that they’ve already imposed vaccine mandates on their students. The Los Angeles Unified School District, the San Diego Unified School District, and 40 additional schools across California have already imposed mandates.

Illinois and Washington, DC are the two additional places in the US that have mandated the experimental mRNA coronavirus shots for K-12 students. This is about as morally repugnant as it gets. The schools in these three areas are telling parents that they have to pull their kids out of in-person schooling unless they take the shot. It’s also important to note that in these California school mandates, no religious exemptions whatsoever are allowed. Talk about draconian.

A parent sued the LAUSD when their child was kicked out of an exclusive program for gifted and talented students. The child had worked hard and was extremely fortunate to get into the in-person program, but the LAUSD kicked them out of that program and told the parent they’d have to do regular at-home distance learning instead.

The judge ruled that LAUSD was in the wrong, and the ruling makes some important, common-sense points that are (at least for now) the new rule in California.

First, schools and school districts are not the public health department. They cannot mandate that students take an experimental medicine, because they’re not doctors. Only state health departments or similar agencies can mandate medical treatments under certain circumstances.

The judge also ruled that personal belief exemptions must be honored when it comes to medical treatments. This is a bold statement in favor of bodily autonomy and note that this is not simply in favor of a religious exemption alone. It’s a “personal belief exemption.” If you believe the shots are dangerous and simply don’t want to take them because you’re not stupid, that personal belief should be reason enough.

The ruling states that the school district cannot kick students out of school and send them to independent study. The ruling applies to all students in the LAUSD, and not just the one whose parent sued the district.

And here’s one of the most important things for parents to know about the ruling. Parents whose student was harmed by the illegal mandate can now sue the school district for damages. This is extremely important because there’s a difference between legal harm and plain old physical harm. If you got your child vaccinated because of a school mandate, they don’t have to be sterilized, blinded, or otherwise hospitalized by the shot (although that’s happening to kids around the world because of the shots).

If you did not want to vaccinate your child but did it because of the mandates, that is “legal harm.” You were illegally coerced into doing something you didn’t want for your child. Likewise, if your child was pulled out of in-person schooling and forced into at-home schooling against your will because you refused to vaccinate them, your child has been legally harmed. Parents can now line up and start suing the LAUSD, and hopefully they will.

The LAUSD has indicated that they plan to appeal the ruling, which means it’ll go to federal court. The lower court’s reasoning – that schools are not health officials and can’t mandate vaccines – is a smart one that’s likely to withstand legal scrutiny. Once that happens, school mandates across California, Illinois and DC will all be struck down. That can’t happen soon enough.