Did California ends plans for kids’ Covid-19 vaccine mandate?

EdSource article

There are a lot of questions regarding a COVID-19 vaccine mandate for schools in California. Here is what we know.

• Near the end of January of 2023 news outlets reported that it looked like California was quietly walking back plans for kids’ Covid-19 vaccine mandate. “The California Department of Public Health hasn’t made an announcement, but officials told EdSource that the end of the state’s Covid-19 state of emergency on Feb. 28 effectively ends its current plan to add Covid-19 vaccinations to the list of 10 vaccinations children are required to have to attend school in person.” - Edsource.org The California Department of Public Health’s email to FOX news stated:

"As such, CDPH is not currently exploring emergency rulemaking to add COVID-19 vaccinations to the list of required school vaccinations, but we continue to strongly recommend COVID-19 immunization for students and staff to keep everyone safer in the classroom. Any changes to required K-12 immunizations are properly addressed through the legislative process."

• There has been no official press release or statement from Governor Newsom’s office on this subject. Still, if and when the Newsom”s administration plans to turn its “pending” COVID-vaccine mandate into an enforceable rule has remained an open question for California’s K-12 students and parents through the first month of 2023.” - Daily Press

• California State of Emergency is due to expire Feb. 28th, 2023.

• As of February 9, 2023, the Centers for Disease Control and Prevention updated its schedule of recommended immunizations to include COVID-19 shots and boosters for children, adolescents and adults.

• CDC director Dr. Rochelle Walensky stated why the experimental vaccine was added to the Childhood Schedule: "The reason ACIP recommended...getting the COVID-19 vaccine on the pediatric schedule, it was ONLY because it was the only way it could be covered in our 'Vaccines for Children' program".

So where does this leave things. As of right now, there is no requirement, law or mandate for Covid-19 vaccine to attend K-12 school in California. There have been a few rogue school districts that have tried to illegally mandate this. There has been ongoing litigation against these districts (PERK/CHD-CA VS. PIEDMONT SCHOOL DISTRICT, PERK/CHD-CA VS. LAUSD, PERK (ARNOLD) VS. GRANADA HILLS CHARTER SCHOOL, Let Them Breathe vs. San Diego Unified School District , etc.)

We have not heard of any COVID-19 vaccine mandate bills for 2023, but we are watching closely to alert you of any legislation submitted in this area. Stay alert and follow us on Twitter @perk_group for the latest updates.

PERK President Amy Bohn interview on Uncover California Podcast

Listen to PERK President and Co-Founder, Amy Bohn’s interview on Uncover California with Lori Mills https://omny.fm/shows/cumulusla/uncover-california-with-lori-mills-1-28-23

Judge Grants Preliminary Injunction in Case Against AB 2098

Judge Grants Preliminary Injunction in Case Against AB 2098

Dear PERK Members,

Physicians for Informed Consent, NCLA, Doctor Plaintiffs, and CHD brought a lawsuit against AB2098. Greg Glaser, Counsel for PHYSICIANS FOR INFORMED CONSENT worked closely with PERK to oppose AB 2098 during legislative debate. Glaser shared his optimism today with PERK regarding the Court's favorable ruling,

"We're pleased the Federal Court intelligently dissected the new law and plainly criticized it as an unconstitutional attempt to censor physicians. The Court's 30-page opinion is very thorough, well-situated to withstand any appeals. In the Order, the Court referred repeatedly to the declaration of PIC Physician Sanjay Verma, MD who expertly catalogued the State's continual flip flops on Covid science.

Dr. Verma explains in detail how the so-called “consensus” has developed and shifted, often within mere months, throughout the COVID-19 pandemic. (Verma Decl. ¶¶ 13-42.) He also explains how certain conclusions once considered to be within the scientific consensus were later proved to be false. (Id. ¶¶ 8-10.) Because of this unique context, the concept of “scientific consensus” as applied to COVID-19 is inherently flawed.

This is an important win and legal precedent for free speech.”

Please consider donating to PHYSICIANS FOR INFORMED CONSENT or becoming a member. Physicians for Informed Consent was one of the organizations who brought forward this lawsuit on AB2098. PERK would like to congratulate the brave doctor plaintiffs, organizations, as well as the great legal team for defending doctors right to give informed consent. All the doctors in California thank you. See the PIC Press release here and the NCLA PRESS RELEASE below.

Sincerely,

The PERK Team

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NCLA PRESS RELEASE

On Jan. 25, 2023, US District Judge William Shubb ordered that plaintiffs’ motions for preliminary injunction be granted in the case against AB 2098. The preliminary injunction temporarily halts the implementation of the law while the case is tried in court. Here is a copy of the judge’s order. The judge took issue with the vagueness of “contemporary scientific consensus” referred to in the law and found that, “Because the term “scientific consensus” is so ill defined, physician plaintiffs are unable to determine if their intended conduct contradicts the scientific consensus, and accordingly “what is prohibited by the law.”

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PERK lawsuit heads towards victory....

PRESS RELEASE

January 25, 2023

PERK LAWSUIT HEADS TOWARDS VICTORY AGAINST THE CITY OF SAN DIEGO ON BEHALF OF HUNDREDS OF FIREFIGHTERS, POLICE OFFICERS

AND CITY EMPLOYEES

FOR IMMEDIATE RELEASE IN SAN DIEGO, CALIFORNIA, JANUARY 25, 2023- 

Yesterday, January 24, 2023, the San Diego City Council voted unanimously to end the vaccination mandate. This mandate was forcibly imposed on all the City Employees and First Responders.  The official end of the mandate is only a few weeks away.  In two weeks, there will be a second reading of the vote by the San Diego City Council.  PERK heads toward another victory, which is a victory for all Californians in the fight for freedom.

One year ago, on Friday, Jan. 28, 2022, the Protection of the Educational Rights of Kids (PERK), representing hundreds of Firefighters, Police Officers, City Employees and three individually named plaintiffs; Jonathan Wiese, Captain Justus Norgord, and Captain Manuel Del Torro, filed a lawsuit against the City of San Diego, in the Superior Court of the State of California, for declaratory and injunctive relief, against the unconstitutional vaccine mandate against all first responders and city employees.  

Attorney John Howard declared, “The City of San Diego has taken the wise path of affirming that liberty is the greatest American value. It is what unites us as Americans. This is not a victory for any individual. It is a victory for freedom. But the greatest credit goes to our clients whose fortitude and courage has been in the greatest traditions of American integrity.”

Plaintiffs contend that their freedom to make their own decisions regarding the vaccines, the freedom to maintain their own bodily autonomy, and to protect themselves from being forced to take a medical procedure as a condition of employment, is of utmost importance and prompted them to take legal action.

PERK President Amy Bohn stated, “We knew we could win. As we head towards this victory, it’s historic and shows the resilience of the people to fight back to preserve their inalienable rights and freedoms.  I am incredibly proud of the plaintiffs, who as fearless leaders in their community, were willing to put their name on the line for all.  We are grateful for the S.D.P.O.A who also supported our fight on behalf of their members.  Our attorneys have relentlessly battled this case for a year and will undoubtedly win in our court trial in March.  The rescinding of the mandate is the city capitulating to our lawsuit, which has put enormous pressure on them.”

Bohn continued, “We knew the city’s vaccine mandate order should be declared void because the City didn’t have the power to issue it in the first place and because the mandate is arbitrary.  The mandate was always unconstitutional as it violated fundamental privacy rights under the California Constitution. The City of San Diego issued the mandate disregarding the science and violation of bodily autonomy as protected by Federal and State discrimination laws, privacy rights, and the Nuremberg code.  Individuals have a right to privacy under the California Constitution, and the right to protect their bodily integrity.”

PERK’s original court trial date was set for January 2023. It was continued to March in 2023 because the judge could not hear the motions.  The hearing was then rescheduled to March of 2023. PERK’s lawsuit is still proceeding at this time.

PERK has filed many lawsuits in the state and is confident that the pressure of their litigation will result in the other cities such as Los Angeles, Beverly Hills, and San Francisco to also follow suit and remove their mandates.  The mandates should never have existed in the first place.  The illegality of them will cause the law to prevail.  PERK has been instrumental in influencing and leading historic victories in California in other lawsuits and against anti-parental rights bills like SB866 in 2022.

PERK and the PERK plaintiffs are represented by Attorney John Howard and Attorney Scott J. Street of JW Howard/ Attorneys, Ltd.

ABOUT PERK 

Protection of the Educational Rights of Kids:  PERK is a California 501(c)(3) nonprofit corporation whose mission is to advocate for medical freedom, bodily autonomy, children’s rights, parental rights, civil rights and protect children’s right to an education. PERK has over 30,000 members throughout California, consisting of public employees, first responders, and parents of children attending school, grades K through 12, in California. PERK has filed this complaint against San Diego City, in addition to its other lawsuits against Los Angeles County, Granada Hills Charter, The City of Beverly Hills, Conejo Valley School District, and others. https://www.perk-group.com/give

https://www.perk-group.com

ABOUT ATTORNEY JOHN HOWARD AND ATTORNEY SCOTT STREET

https://jwhowardattorneys.com

PRESS RELEASE PDF

PERK: Protection of Educational Rights of Kids

Contact: PERK President Amy Bohn

Media Contact: media@perk-group.com

Please share this news on social media.

PERK and San Diego First Responders set to win lawsuit as San Diego City Council votes to rescind mandate.

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PRESS RELEASE

January 24, 2023

PERK LAWSUIT HEADS TOWARDS VICTORY AGAINST THE CITY OF SAN DIEGO ON BEHALF OF HUNDREDS OF FIREFIGHTERS, POLICE OFFICERS AND CITY EMPLOYEES

FOR IMMEDIATE RELEASE IN SAN DIEGO, CALIFORNIA, JANUARY 24, 2023- 

Today, January 24, 2023, the San Diego City Council voted unanimously to end the vaccination mandate. This mandate was forcibly imposed on all the City Employees and First Responders.  The official end of the mandate is only a few weeks away.  In two weeks, there will be a second reading of the vote by the San Diego City Council.  PERK heads toward another victory, which is a victory for all Californians in the fight for freedom.

One year ago, on Friday, Jan. 28, 2022, the Protection of the Educational Rights of Kids (PERK), representing hundreds of Firefighters, Police Officers, City Employees and three individually named plaintiffs; Jonathan Wiese, Captain Justus Norgood, and Captain Manuel Del Torro, filed a lawsuit against the City of San Diego, in the Superior Court of the State of California,  for declaratory and injunctive relief, against the unconstitutional vaccine mandate against all first responders and city employees.

Attorney John Howard declared, “The City of San Diego has taken the wise path of affirming that liberty is the greatest American value. It is what unites us as Americans. This is not a victory for any individual. It is a victory for freedom. But the greatest credit goes to our clients whose fortitude and courage has been in the greatest traditions of American integrity.”

Plaintiffs contend that their freedom to make their own decisions regarding the vaccines, the freedom to maintain their own bodily autonomy, and to protect themselves from being forced to take a medical procedure as a condition of employment, is of utmost importance and prompted them to take legal action.

PERK President Amy Bohn stated, “We knew we could win. As we head towards this victory, it’s historic and shows the resilience of the people to fight back to preserve their inalienable rights and freedoms.  I am incredibly proud of the plaintiffs, who as fearless leaders in their community, were willing to put their name on the line for all.  We are grateful for the S.D.P.O.A who also supported our fight on behalf of their members.  Our attorneys have relentlessly battled this case for a year and will undoubtedly win in our court trial in March.  The rescinding of the mandate is the city capitulating to our lawsuit, which has put enormous pressure on them.”

Bohn continued, “We knew the city’s vaccine mandate order should be declared void because the City didn’t have the power to issue it in the first place and because the mandate is arbitrary.  The mandate was always unconstitutional as it violated fundamental privacy rights under the California Constitution. The City of San Diego issued the mandate disregarding the science and violation of bodily autonomy as protected by Federal and State discrimination laws, privacy rights and the Nuremberg code.  Individuals have a right to privacy under the California Constitution, and the right to protect their bodily integrity.”

PERK’s original court trial date was set for January 2023. It was continued to March in 2023 because the judge could not hear the motions.  The hearing was then rescheduled to March of 2023. PERK’s lawsuit is still proceeding, and we anticipate developments.

PERK has filed many lawsuits in the state and is confident that the pressure of the litigation will result in the other cities such as Los Angeles, Beverly Hills and San Francisco to also follow suit and remove their mandates.  The mandates should never have existed in the first place.  The illegality of them will cause the law to prevail.  PERK has been instrumental in influencing and leading historic victories in California in other lawsuits and against anti-parental rights bills like SB866 in 2022.

PERK and the PERK plaintiffs are represented by Attorney John Howard and Attorney Scott J. Street of JW Howard/ Attorneys, Ltd.

ABOUT PERK 

Protection of the Educational Rights of Kids:  PERK is a California 501(c)(3) nonprofit corporation whose mission is to advocate for medical freedom, bodily autonomy, children’s rights, parental rights, civil rights and protect children’s right to an education. PERK has over 30,000 members throughout California, consisting of public employees, first responders, and parents of children attending school, grades K through 12, in California. PERK has filed this complaint against San Diego City, in addition to its other lawsuits against Los Angeles County, Granada Hills Charter, The City of Beverly Hills, Conejo Valley School District, and others.

https://www.perk-group.com/give

https://www.perk-group.com

ABOUT ATTORNEY JOHN HOWARD AND ATTORNEY SCOTT STREET

https://jwhowardattorneys.com

PRESS RELEASE PDF

PERK: Protection of Educational Rights of Kids

Contact: PERK President Amy Bohn

Media Contact: media@perk-group.com