CALIFORNIA—On Tuesday, July 5, 2022, Los Angeles Superior Court Judge Mitchell Beckloff ruled in favor of a father who challenged the Los Angeles Unified School District in court over the school system’s vaccine mandate for students.
Judge Beckloff relayed that he initially intended to side with LAUSD on the matter. The case was first presented three months ago.
In sworn testimony, the father, who presented himself as, G.F argued that his 12-year-old son, whom he referred to as D.F., could be “irreparably harmed since the child already contracted and recovered from the coronavirus and may now have a strong natural immunity.
G.F. argued, “Further, I worry that vaccinating him could prove even more dangerous now that he has had COVID-19. Among other things, I fear that the vaccination could over-excite his immune system and antibodies.”
Judge Beckloff noted that if the student remained unvaccinated, he would be forced out of the academy and into a different curriculum. “Further, while the Board of Education’s authority is great, it is not unlimited,” said Beckloff.
In his ruling, the Judge found that the student vaccine resolution approved on September 9 conflicts with state law and clashes with the state Health and Safety Code by not allowing exemptions for personal beliefs.
“While LAUSD argues the court’s ruling should apply to D.F. only, the court finds no jurisdiction for such limitation given the board’s lack of authority to adopt the resolution,” Judge Beckloff wrote.
Following the Judge’s ruling in favor of the child’s father, parents Tweeted about the results of the hearing. Suzanne Bird @Skylar1 reminded parents, that they could, “now file for damages from illegal vaccine mandates.”
The following statement comes from September 9, 2021, from the Interim Superintendent of the LAUSD Megan K. Reilly:
“All students who are 12 years of age and older and are part of in-person extracurricular programs, must receive their first vaccine dose by no later than October 3, and their second dose by no later than October 31, 2021. All students who are 12 years of age and older must receive their first vaccine dose by no later than November 21, 2021, and their second dose by no later than December 19, 2021. All other students must receive their first vaccine dose by no later than 30 days after their 12th birthday, and their second dose by no later than 8 weeks after their 12th birthday.”
A spokesperson for the LAUSD released the following statement to City
“In April of this year, the Los Angeles Unified School District aligned with the state’s timeline for implementation of the governor’s student vaccine mandate wherein any vaccine requirement would not take effect until after full FDA approval and no sooner than July 1, 2023. Accordingly, the district’s alignment with the governor’s student vaccine mandate has allowed Los Angeles Unified students to enroll and attend in-person instruction. Los Angeles Unified will continue to take measures to ensure the health and safety of its students, employees, and school community.”