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Appeals Court rules against SDUSD COVID-19 vaccine mandate for students

Julie Reeder


The 4th Circuit Court of Appeals last week ruled against the San Diego Unified School District in a precedent-setting decision for the State of California regarding COVID-19 vaccine mandates to attend school in person.

A lower state court found in December 2021 that school districts cannot impose vaccine mandates on their own, in addition to the vaccines required by the state as a precondition for in person attendance. No doubt the California legislature will be working feverishly to pass the Covid vaccine mandate asap, even though the risk doesn’t make sense against the benefit for a disease that literally no healthy child has died from and, as a matter of fact, there have been documented thousands of adverse events and death, especially for young men aged 14 to 24, which is the age of many of our military men.

A lawsuit was filed by Let Them Breath, a San Diego County-based nonprofit advocacy group challenging SDUSD’s mandate.

According to Let Them Choose, this was the first COVID-19 vaccine mandate in the U.S. to be struck down in a final ruling, and the new decision upholding the original court ruling “sets precedent for all California school districts.”

Remarking on the decision, Mary Holland, president and general counsel of Children’s Health Defense (CHD) said, ““It is great news that the California appellate court affirmed that vaccine mandates under California law must come from the state, not the school district.

“This is especially welcome news as the injection in question, the COVID-19 shot, is neither safe nor effective, nor even a vaccine in any normal sense as it fails to prevent infection and transmission. Kudos to ICAN [Informed Consent Action Network] and its lawyers for a critical win.”

According to the case history accompanying the court’s December 2021 ruling, a similar lawsuit was filed by the parent of a 16-year-old student in the SDUSD. The two lawsuits were then consolidated into a single case.

Attorneys for ICAN, an Austin-based advocacy group active in challenging various COVID-19-related mandates across the U.S. and pressing for the release of government data related to COVID-19 vaccine injuries, represented the parent who sued the SDUSD.

While medical exemptions were permitted, exemptions for religious and personal reasons were not, in line with stipulations set forth in California Senate Bill 277 (SB 277).

In May 2022, the SDUSD paused the mandate until at least July 2023, although the reasons cited for this pause included “the vaccines’ lower effectiveness against the virus’ Omicron variant and amid delays in full federal approval of the vaccine for children under 16 years old,” the San Diego Union-Tribune reported.

The 4th District Court’s 19-page decision rejected multiple arguments by SDUSD, including the school district’s claim that its mandate was aligned with its responsibility to keep students healthy and safe and that school districts can develop policies to “meet local needs.”

According to the ruling, the SDUSD mandate “unlawfully seeks to usurp [the] authority” of the California state legislature in enacting vaccine requirements for school children in the state.

It looks like discrimination to me. Parents are tired of bad science, discrimination, and forcing their kids to get an experimental vaccine that is neither safe nor effective and in fact, is potentially dangerous. Sudden deaths have massively increased since 2021 and it’s not from Covid, according to Edward Dowd, an ex BlackRock Manager that has had a team studying the data in the last few months that has amassed evidence from the insurance industry, funeral home industry, and government databases showing an alarming increase in deaths of young healthy people in 2021 versus 2020. Dowd has a book being released mid December 2022.

There’s a reason that parents have fought hard to win school board races across the country. I don’t expect the fight will get easier, especially when the industries funding our federal regulatory agencies, like the CDC and the FDA, are funded by the very companies they are supposed to be regulating and because they are the largest financiers of politicians and lobbyists.

I’m sure some of our readers are tired of the subject and wish I would stop reporting on this, but what is more important than the health of our kids? Let Them Breathe has proven that it’s worth it to stay in the fight and not give up. The health of our kids is worth it. Our kids are worth it. It’s not time to ease up. Keep educating yourself and be skeptical and vigilant while we still have those freedoms which are being defended in courtrooms across the country.

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Children’s Health Defense contributed to this piece.


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