While Fox-5 San Diego reported that the judge dismissed the lawsuit, the actual ruling is more nuanced, as Civil Litigator Jennifer Kennedy explains.
“The judge granted the demurrer of all the State defendants,” Kennedy said.
“A demurrer says, essentially, ‘You can’t sue me for this, and here’s why.’ Some of the judge’s rationale hinged on Newsom’s never-ending state of emergency.”
And wouldn’t you know it, Hair Gel is off to Mexico with his family. The man gives new meaning to “bourgeoisie pig.”
But, I digress….
From Fox5-San Diego:
The founder of Let Them Breathe, a local group advocating for mask choice, is speaking out after a San Diego County judge Friday dismissed a lawsuit against Gov. Gavin Newsom and state public health officials challenging California’s K-12 mask mandate.
Masks will continue to stay on inside the classroom after Judge Cynthia Freeland held that the state has a “compelling interest in preventing the spread of COVID-19” and that Newsom has the legal authority to require masks in schools.
“We are disappointed that the state hid behind the emergency order instead of being willing to actually argue the science in court,” said Sharon McKeeman, founder of Let Them Breathe.
But, as Kennedy explained, a grant of a demurrer is not a dismissal of the entire case—so, the lawsuit is very much alive, and one to watch for parents who are fighting Newsom’s draconian mask and vaccine mandates.
However, the demurrer forced the admittance of a critical point that many school districts have been using to pretend they have no power to stop implementation of the mandates.
McKeeman says while she is disappointed on the ruling, she is happy the judge clarified some state guidelines.
“The judge very clearly detailed that there is no language in the state guidance that directs, requires or authorizes schools to force students into independent study if they unmask,” she said.
Let Them Breathe challenged the state over their COVID guidelines, but the judge dismissed it due to them being recommendations and not requirements.
“She said we couldn’t sue over the testing and quarantine guidance, because those are recommendations and that is something we wanted clarified, because we know they are,” McKeeman said. “But there has been this de facto mandate where schools have been passing the buck to the state. It’s up to them to come up with common sense protocols that keeps our kids, healthy kids stay in the classroom.”
Since Kennedy has followed the case closely, she offered encouragement on her Facebook page to other parents (she is one herself) to Hold The Line.
“Nov. 22 UPDATE for parents in Los Angeles Unified and beyond: Here’s what you need to know about school mandates for, You Know, The Thing! And masking, testing, quarantining.
“First, the masks: A lawsuit in San Diego about masking just forced an amazing admission by the State: ALL rules for masking, testing, quarantining are only guidelines from the State, not requirements.
“This means YOUR DISTRICT OR SCHOOL has dreamed them up, and your school can end them. No longer can they act like their hands are tied or they are ‘following rules.’ The State just threw them under the bus—pardon the pun—by admitting that Districts and schools are free to implement State guidelines or IGNORE THEM.
Well, isn’t that special? So even in ultra-Blue California, where the progressive drumbeat is loud, the State itself admits that school districts do not have to follow its COVID protocol “guidelines” for K-12 schools.
Somebody’s been lying….
“Therefore: Apply pressure accordingly and repeat.
“Second: Y’all watching LAUSD (The Los Angeles Unified School District) like a hawk? Recall that LAUSD jumped the gun after Newsom’s Oct. 1 press conference and was the first district in the nation to attempt to mandate the CV19 shot for kids K-12.
“I say ‘attempt,’ since the LAUSD has no such power to add a new shot to the state schedule. (Didn’t they run that by Legal?)
A lawsuit in the Los Angeles Superior Court by Children’s Health Defense/PERK has forced the LAUSD attorneys to state on the record that no harm will come to students before the end of this semester.
“PERK” is an acronym for the non-profit, Protection of the Educational Rights of Kids. On October 13, in conjunction with Children’s Health Defense, they filed a lawsuit against the LAUSD over a Vaccine Resolution approved by the Los Angeles County Board of Education. This is the first such vaccine mandate for K-12 students in the nation.
Once again, California leads the way—to destroying children.
Nicole C. Pearson is the lead attorney bringing the suit, and lays it plain on her Facts ● Law ●Truth ● Justice website:
Know Your Rights!
No school district has the authority to require new immunizations not currently listed in the CA Health and Safety Code. No school district can mandate an experimental use authorized shot that is not FDA approved. Even if a shot were properly added to the K-12 mandatory list, medical and personal belief exemptions must be allowed. The district, school, and administrators are on the hook for harms suffered from receiving the shot in response to their mandate because they are NOT shielded from liability like the shots’ developers, manufacturers, distributors, etc.
So all the anxiety and pressure that parents are feeling about their child being unvaccinated? It’s all high-tech and medical bullying.
Kennedy winds it up:
“Believe it? They said it in court on Nov. 8! And look closely at the LAUSD’s Sept. 9 Resolution: it has no enforcement provision for failure to abide by any of its arbitrary deadlines (like 11/21 and 12/19) for students to submit to shots and upload them in the Daily Pass.
“This bears repeating. LA Unified parents need to know, and parents in other districts need to keep eyes open:
“The LAUSD deadlines for shots are claimed to have NO ENFORCEMENT. Refusal of parents to upload shot records by 11/21 or 12/19 should result in NO ACTION WHATSOEVER taken against a student this semester.
- All children enrolled in LAUSD, vaxxed or unvaxxed, WILL REMAIN in LAUSD for the whole semester.
- The LAUSD attorneys told the Court that the only harm to students will be the exclusion of unvaxxed kids from in-person learning beginning JANUARY 10, 2022.
“ANY SCHOOL SAYING OTHERWISE in the LAUSD is exceeding the bounds of even the improper Resolution.”
There’s a lot of that going around.
On December 8, Pearson will argue in Los Angeles Superior Court for a preliminary injunction of LAUSD’s Vaccine Resolution.
“So EVEN IF you plan to vaccinate your child, LA Unified parents still have time after the December 8 hearing to comply… at least while the lawsuit continues. If the December 8 hearing is successful, the Requirement vanishes.”
Ma tha Siobhan.
Kennedy ended with this encouragement:
“If you do not wish to vaccinate your child, STAY STRONG. The law is on your side. Time is on your side.
“Visit Nicole Pearson’s Facts ● Law ●Truth ● Justice website for resources to STAND YOUR GROUND against illegal vax mandates by LAUSD or your school or district.
“HOLD THE LINE. Liberties lost are rarely regained.”
The educational mafia is running scared. How do we know this? The local fish wrap of record, the Sacramento Bee, wrote a hit piece, “Equal opportunity extremism: How women seized the moment in California’s far-right radical politics,” basically calling any parent focused on their child’s well-being, a terrorist.
They obviously took their cues from Attorney General Merrick Garland. The term is becoming as hackneyed as “dog whistle” and “white supremacy.”
HOLD THE LINE. We The People, and YOU The Parents are winning.