October 18, 2021
Protection of the Educational Rights of Kids and Children’s Health Defense - California Chapter have filed a Petition in California Superior Court to Stop LAUSD’s Unlawful K-12 Covid-19 Vaccine Mandate.
For Immediate Release in Los Angeles, Calif., (October 18, 2021) – On October 15, 2021 Children’s Health Defense - California Chapter (CHD-CA) and Protection of the Educational Rights of Kids (PERK) has filed legal action against the Los Angeles Unified School District (LAUSD), its Superintendent, Megan Reilly, and all seven members of its Board of Education in Los Angeles Superior Court. The petition seeks to immediately halt enforcement of the District’s illegal Covid-19 vaccine mandate on all school children aged 12 years and above as a requirement for receiving in-person learning.
The grounds for CHD-CA and PERK’s Petition are simple and clear: neither LAUSD, nor any other school district, board of education, or school administration, has the authority to require new immunizations not currently listed in the California Health and Safety Code, Section 120335. Further, these immunizations must be FDA-approved and provide for personal belief exemptions, as noted by Governor Newsom, himself, during an October 1 press conference.
On September 9, 2021, four weeks into the school year, the LAUSD Board of Education passed 6-0 a resolution purportedly requiring LAUSD students 12 years of age and older to obtain a Covid-19 vaccine as early as October 3 as a condition to continuing in-person education. One Board member recused himself from the vote due to financial ties to Pfizer, Inc. LAUSD has been in session since August and did not experience severe Covid-19 cases, hospitalizations, or deaths that might justify the Board’s resolution to mandate the experimental vaccine. The Board unilaterally decided to impose the requirement without notice, four (4) weeks into the semester, claiming that they had a “constitutional mandate obligation to deliver the highest-quality instruction in the safest environment possible.” The Board cited no statutory, regulatory or jurisdictional authority for its actions because no such authority exists, which is why CHD-CA and PERK are suing.
In their petition, CHD-CA and PERK seek writs of mandate to void the Board’s resolution regarding the mandate, and a temporary restraining order to immediately enjoin the Board from requiring students to be subject to these experimental Covid-19 vaccines while the petition is pending before the court. Since the Board passed the Covid-19 vaccine mandate, parents and students have been scrambling to obtain exemptions, transfer into other school districts or private schools, commence homeschooling, and seek other options that would protect school children from imposed experimental vaccines. Of course, some of these options are unfeasible in the middle of a school term, and even more-so for low income families who may not have the resources to pursue these alternatives for their children. The Board’s actions have already caused harm and disruption to LAUSD families, and without court action, will unlawfully deny students ongoing in-person education, participation in extracurricular activities, and exclude them from many other benefits and services attached to in-person education within LAUSD.
LAUSD is the second largest school district in the United States, enrolling more than 600,000 students. Actions taken by this prominent district can set an example for other districts within California, and, indeed, across the country. Therefore, it is imperative that the over-reaching actions of the Board not set any form of precedent for other school districts to follow. CHD-CA attempted to avoid litigation by sending a Cease and Desist Letter to the Board immediately following the Board’s decision, outlining LAUSD’s lack of authority to impose such a mandate and multiple violations of federal and state law. After receiving no response, and having no adequate administrative remedy to pursue in this situation, CHD-CA and PERK courageously and generously stepped in on behalf of the thousands of member families residing in the LAUSD district to file the Petition. As non-profit organizations, CHD-CA and PERK rely on donors to fund this pivotal legal battle against LAUSD, its Superintendent, Board, and Board members. Please consider donating to help fund this battle against LAUSD, and every district coming after it with similar illegal – and potentially lethal – mandates.
Protection of the Educational Rights of Kids: PERK is a California 501(c)(3) nonprofit corporation headquartered in California whose mission is to protect children’s right to an education. PERK has over 3,500 members throughout California, consisting predominately of parents of children attending school, grades K through 12, in California. PERK has hundreds of members with children attending school within LAUSD. https://www.perk-group.com/
About Children’s Health Defense - California Chapter: CHD-CA is a California 501(c)(3) nonprofit corporation incorporated under the laws of the State of California, and headquartered in Ross, California. CHD-CA has over 7,000 members throughout California, consisting predominately of parents whose children have been negatively affected by environmental and chemical exposures, including unsafe vaccines. CHD-CA represents the interests of thousands of children and families across California and hundreds within LAUSD. https://ca.childrenshealthdefense.org/
About Facts Law Truth Justice: FLTJ is a law firm based in Newport Beach, CA. FLTJ's attorneys Nicole Pearson, Jessica Barsotti, and Rita-Barnett-Rose have been engaged in empowering parents, teachers, and students to fight against unlawful CV-19 mandates for the last 18 months. FLTJ attorneys have provided significant pro-bono legal support to Children's Health Defense - California Chapter and now represent CHD-CA, along with PERK, in this current school vaccine lawsuit. https://fltjllp.com/
FLTJ Media Contact:
Simone Alex
Email Simone@fltjllp.com
Phone 310-498-8806
To support this legal action, please donate to the Legal Fund.
Verified Petition for Writs of Mandate & Request for Immediate Stay