PERK & CHD-CA vs. LAUSD Lawsuit Update: Press Release

 Yesterday, Wednesday December 8, our legal team went to battle for our children, again, in the Stanley Mosk Courthouse in Downtown Los Angeles.  They had filed a Motion for a Preliminary Injunction asking Judge Beckloff for an order stopping the District from enforcing its CV19 shot requirement on kids 12 and older in order to continue receiving in-person services and education because (i) school Districts in California do not have  legal authority to require new vaccines for children in order for them to attend school in person, and (ii) the potential harms of children being forced to do so or otherwise be denied access to in person learning and shunted into the City of Angel’s subpar, failing remote program are greater than any harm to the District of simply maintaining their current COVID-19 safety measures prior to the illegal vaccine mandate.  

The morning of the hearing, our attorneys, Jessica Barsotti, Rita Barnett-Rose, and Nicole Pearson were blindsided by a 14-page tentative – or an “initial” or “possible” – ruling from Judge Beckloff denying our request that he posted before the hearing. This did not deter our Warriors – it fueled their resolve and passion, and fortified their weapons – as they went to battle in the courtroom to break down Judge Beckloff’s ruling and explain why it was not appropriate under existing law, and would otherwise be irreparably harmful to our kids and California as a whole.  Attorneys Jessica Barsotti and Nicole Pearson did a fantastic job explaining to the Court why sending students to the City of Angels was not in any way equivalent to in-person education and services, and how allowing individual schools to mandate vaccines at the local level would set “extremely dangerous precedent.”

To his credit, Judge Beckloff was receptive to our attorneys’ arguments and inquiring and – after almost 2 hours of oral argument – stated that our attorneys had given him “pause” and “serious matters to think about.”  As a result, rather than rubber stamp his own 14-page initial ruling, he took it under submission and is still deciding how he should rule.

What does this mean for us and our children?  It means we pray.  We pray that Judge Beckloff continues to hear and remember our attorneys’ brilliant arguments, including how harmful it will be not to grant our request, and that he has the courage and resolve to sign an order granting our Motion, despite all the opposing forces and pressures he is certainly under.

Judge Beckloff did not give a specific deadline for his final ruling, however, we will keep you posted with next steps and updates as they arise.

SCHOOL MANDATE LAWSUIT UPDATE

November 8, 2021 Update on our LAUSD lawsuit:

 
Our PERK-CHD legal team has been busy this past week. Since Judge Hogue did not grant our request for a Temporary Restraining Order, our attorneys filed a Motion for a Preliminary Injunction, another emergency tool to ask the court to pause LAUSD's unlawful Covid-19 vaccine requirement until we have the official hearing on the merits of our case. If granted, the Injunction would stop enforcement of the vaccine requirement on all students 12 years and older, and return the district to the original Covid-19 masking and testing safety measures. 

The date set for the Injunction is December 8. Because the next "first dose" deadline for vaccination is November 21, our attorneys filed another, separate application for the judge to set this hearing earlier. December 8th date is too far out and will lead to irreparable harm for many LAUSD students and families!    

Please keep our legal team in your thoughts and prayers and pray that the judge will do the right thing and grant the request to shorten time this Wednesday! 

In addition to the LAUSD litigation, our attorneys are also busy working the next school vaccine lawsuit against Piedmont Unified School District, which they hope to file by the end of this week. Stay tuned.  We need to grow our numbers and let these petty tyrants know that we will not stand for illegal, unconstitutional, and dangerous mandates and that they will not inject our children - or US - against our will.

School Vaccine Mandate Lawsuit Press Release

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

Cease and Desist Letter

OCT. 7th UPDATE

You might wonder why PERK has been quiet lately. It’s because Executive Director Amy Bohn, Outreach Director Kris Dukes, and staff have been extremely busy organizing a lawsuit on behalf of over 4,000 First Responders and Public Workers who refuse to comply with the Los Angeles County Board of Supervisors Covid-19 “vaccine” mandate!

They have been working around the clock, responding to the call for help from firefighters, police, sheriff’s officers and more! They have been circling the wagons, raising funds and enlisting the assistance of attorneys. On Oct. 1st, they filed the lawsuit before the Superior Court of Los Angeles,  have already been appointed a judge and are awaiting a court date!

Public employees and first responders have already experienced segregation, harassment, discrimination and coercion based on their vaccination status. Individuals from law enforcement, firefighters, public health, sanitation workers and more, from all religious and political backgrounds, are united in their refusal to accept the mandate!

PERK is deeply concerned about the potential impact of the mandate on children and families. The loss of bodily autonomy, medical privacy, employee, civil, constitutional, and international rights are a violation of basic human rights and freedom. The impact on society of massive employee terminations would affect every aspect of our lives. Thousands of essential workers would be eliminated from the workplace, depleting and possibly decimating essential services that would jeopardize our children’s and family’s health and well-being. 

Significant evidence has mounted indicating that the shots do not prevent infection or reduce the virus’ spread. Additionally, government data proves that there is significant risk posed by the shots themselves. Thus, the “vaccine” mandate is unnecessary, ineffective and potentially dangerous.

The mandate also contained a medical tracking system, for example, through Fulgent Genetics and Picture Genetics Powered by Fulgent, with overreach extending to invasion of privacy and extensive government control.

PERK needs support and funds to carry out this campaign. Please share the information and make donations if you can.

FOR MORE INFORMATION ABOUT THE FIRST RESPONDER & PUBLIC EMPLOYEES LAWSUIT: https://www.perk-group.com/urgent-action-ca

Copy of complaint: https://static1.squarespace.com/static/5d49e2b300d396000117f616/t/615d4a77ed6f722fe827312c/1633503864882/FirstResponder-PublicWorkers-Complaint.pdf

PERK ADVOCACY AGREEMENT FOR FIRST RESPONDERS AND PUBLIC WORKERS : Join us here.

https://dev-clearengine.pantheonsite.io/content/perk-advocacy-agreement

 PRESS RELEASE PDF

https://static1.squarespace.com/static/5d49e2b300d396000117f616/t/615e7d5e252b1a0e6e5e077b/1633582431280/FirstRespondersPressRelease-1.pdf

 DONATE HERE

https://donorbox.org/first-responders-fundraiser

OVER 4,000 FIRST RESPONDERS AND PUBLIC WORKERS JOINED TOGETHER IN A LAWSUIT

Media Alert

OVER 4,000 FIRST RESPONDERS AND PUBLIC WORKERS JOINED TOGETHER IN A LAWSUIT AGAINST THE COUNTY OF LOS ANGELES, PROTESTING THE UNFAIR VACCINE MANDATE AGAINST THEM, WHILE JUDGES AND ELECTED OFFICIALS ARE EXEMPT.

These 4,000+ Individuals -Across 55 Departments of First Responders and Public Workers- Oppose the Covid Shot Mandate by the County of Los Angeles, which require all 110,000 County Employees, except Judges and Elected Officials, to take the Shot.  More County Employees are joining every day. 

Workers stated:

“We won’t comply. We are going to take this as far as we need to go.” 

“You can’t run a city without the people who run the city.”

• On Friday, October 1st, the complaint was filed in the Superior Court of the State of California against Defendant, the County of Los Angeles.

• Five publicly named Plaintiffs represent the 4,000+ anonymous individuals opposing the mandate upon approximately 110,000 County Employees.

• PERK, the non-profit named in the complaint, is advocating for these individuals, and is represented by John Howard JW Howard/ Attorneys, Ltd. and George Wentz of Davillier Law Group LLC.

Advocating for medical freedom, bodily autonomy, children’s rights, parental rights, civil rights and more, PERK, short for Protection of the Educational Rights of Kids, is deeply concerned about the negative impact the mandate will have on children and families across the county.  

PERK believes if the First Responders, Public Workers and Healthcare workers were to lose their jobs if they didn’t comply, it would have severe consequences! Thousands of essential workers would be eliminated from the workplace, depleting and potentially decimating essential services which effectively keep our cities and communities functioning! 

The mandate would devastate the fundamental services, protection, and societal infrastructure necessary for children and families at home, at school, indoors and outdoors, virtually all private and public spaces!  The mandate jeopardizes our children’s basic health and well-being, including safety from fires, predators, crime, abuse and lack of emergency medical treatment!! 

To protect our children, families and community-at-large from these potentially devastating consequences, PERK has chosen to engage in this lawsuit.  

VINCENT TSAI, an individual; OSCAR RODRIGUEZ, an individual; ENRIQUE IRIBE, an individual; MOHAMED BINA, an individual; and SHAYNE LAMONT, an individual; and PROTECTION FOR THE EDUCATIONAL RIGHTS OF KIDS, a California non-profit corporation, Plaintiffs, vs. COUNTY OF LOS ANGELES, a municipal entity, Defendant

Los Angeles, CA – October 5th, 2021 – While Judges and Elected officials in Los Angeles County seem to be exempt from the mandates, tens of thousands of first responders and public workers, stand to lose their jobs and if they don’t comply.  In response to the Los Angeles County mandates, lawyers John Howard JW Howard/ Attorneys, Ltd. and George Wentz of Davillier Law Group LLC sue Los Angeles County.

The complaint states, “On August 10, 2021, the Board of Supervisors ratified Ms. Solis’ order, making it official County policy. The Board held little debate about the unprecedented mandate, which affects 110,000 people. It did not consider the mounting evidence that the Covid-19 shots do not prevent infection or reduce the virus’ spread. And the supervisors did not consider whether they could make accommodations for individuals who do not want to get the shots. They did not gather any evidence about the effectiveness, necessity or lawfulness of the shots.”

“Furthermore, in issuing and ratifying the Covid-19 vaccine mandate, the Board failed to consider that County employees have a property interest in their employment. Thus, under Skelly v. State Personnel Board, 15 Cal.3d 194 (1975), they have a right to notice of their termination and an opportunity to be heard before a reasonably impartial and uninvolved hearing officer. They also have the right to conduct discovery before the hearing and must be paid during that time. Some public employees, such as law enforcement officers, have even greater rights under state law.”

“County employees also have rights under employee handbooks and county policies governing the terms of their employment. These agreements prohibit the County from firing employees en masse. They also prohibit the County from firing employees for asserting their constitutional rights and they include express protections for Skelly rights. These written agreements and California law bar the County from coercing public employees into waiving those rights.”  

After being ignored continuously by elected officials, thousands have reached out to PERK for help.  They believe the mandates placed upon them as first responders and public workers violates bodily autonomy, the Nuremberg code, Federal and State discrimination laws, privacy rights, and the mandates completely disregard any natural immunity. PERK is also certain the mandates will directly impact children negatively.  When jobs are threatened, stress, instability, and food insecurities increase. 

Named Plaintiffs-

Named plaintiffs represent themselves as individuals. 

Vincent Tsai from the Los Angeles County Sheriff’s Department, 

Oscar Rodriguez also from Los Angeles County Sheriff’s Department, 

Enrique Iribe from Los Angeles County Probation Department, 

Mohamed Bina from Los Angeles County Department of Sanitation, and 

Shayne Lamont from Los Angeles County Department of Public Health 

are a representation the 110,000 city workers impacted by the mandate. 

“Ironically, although the County framed its vaccine mandate as “necessary,” the policy exempts many of the most influential people in the County from it. For example, on information and belief, the policy does not apply to judges or elected officials, including the Supervisors themselves. These officials show no signs of embarrassment for having exempted themselves from mandates they presume to impose on others.”

Directly from the complaint: “In fact, there is mounting evidence that the experimental Covid-19 medical treatments created by Pfizer, Moderna and Johnson & Johnson do not prevent the virus from spreading. Thus, the vaccine mandate is both unnecessary and ineffective in protecting the public.”

To discriminate against any First Responder, Public Employee, or persons who has not participated in receiving a Covid vaccine is unlawful and egregious. This mandate will divide the residents, business owners, city workers, first responders, and visitors of any city and cause irreparable harm to the economy and vitality of Los Angeles County. 

“Like all Californians, public employees have a right to bodily integrity and a right to refuse medical treatment, both of which the County’s vaccine mandate violates. They also have a right to informational privacy. The County mandate violates that right by forcing public employees to disclose their personal medical information to their employer in order to keep their jobs.”

Many of these public employees and first responders are already experiencing segregation, harassment, discrimination, coercion, based on their vaccination status. They are coming from across the state and stand as a unified body to claim that as individuals they have the right to decide what goes into their bodies. They include vaccinated and unvaccinated, diversity in all religious backgrounds, and political backgrounds. The one thing that unites them is that they will not accept covid vaccine mandates in any form. As a collective body, this group intends to send the message to elected representatives across the state that they will not accept vaccine mandates are prepared to fight back.

PERK is advocating for thousands from these departments and agencies: 

Thousands have joined PERK from all departments, across seven counties. These are the people who run the cities.

Department of Public Health, Department of Sanitation, Multiple Fire Departments including, but not limited to Long Beach Fire Department, West Covina Fire Department, Beverly Hills Fire Department, LACOFD (Fire Department), Livability Services Division, City Sewer/Trash/Water, DPSS, Social Workers, Department of Children and Family Services (DCFS), Sheriff Departments, Lomita Sheriff Dept, County Probation, County Medical Center, Public Defenders, (DACC) Animal Care and Control, District Attorney’s offices, LA Sheriff Department, Orange County Sheriff Department, SLO Sheriff Department, Firefighters for Informed Consent,  (Detectives), Harbor UCLA County Facility, Department of Mental Health, LAPD, STC, LACUSC, Superior Court, Water and Power, CSS, County Council, Environmental Health, LAHSA, County Life Guards, Public Defenders, County Court, LACO, County DHS RN in Ambulatory Surgery Clinic, C.O.B. (Water Division), Department of Corrections and Rehabilitation, Civil Management Bureau, Child Support Services Department, D.P.S.S., Department of Health Services (DHS), Diagnostic Imaging Services, County Department of Mental Health, Department of Transportation, Department of Public Social Services, County Public Works, Economic and Community Development/Planning Division, Harbor Department Port of Long Beach, LA County Waterworks, and more, Superior Court, and more.

Californians are protected under the Nuremberg Code, The Declaration of Helsinki, and Siracusa Principle, we declare every human being has the right to refuse medical procedures. A declaration of emergency does not supersede human rights or forced coercion of any procedure. It has long been observed that governments may not repress and deny fundamental rights and freedoms of people. There is an international covenant on Civil and Political Rights called the Siracusa Principle.  California has codified in law your rights and protection under California Health and Safety Codes, against medical mandates, experimentations, experiments, including failure to give fully informed consent on risks, unknowns, and long-term health impact, including possibly mandating or forcing products.

Media Contact: - Protectionofeducation@gmail.com

FOR MORE INFORMATION ABOUT THE FIRST RESPONDER & PUBLIC EMPLOYEES LAWSUIT: https://www.perk-group.com/urgent-action-ca

Copy of complaint: https://static1.squarespace.com/static/5d49e2b300d396000117f616/t/615d4a77ed6f722fe827312c/1633503864882/FirstResponder-PublicWorkers-Complaint.pdf

PERK ADVOCACY AGREEMENT FOR FIRST RESPONDERS AND PUBLIC WORKERS : Join us here.

https://dev-clearengine.pantheonsite.io/content/perk-advocacy-agreement

 PRESS RELEASE PDF

https://static1.squarespace.com/static/5d49e2b300d396000117f616/t/615e7d5e252b1a0e6e5e077b/1633582431280/FirstRespondersPressRelease-1.pdf

 DONATE HERE

https://donorbox.org/first-responders-fundraiser