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October 06, 2021

Illegal School Vaccine Mandates Lead to Lawsuits, And We Need Your Help!

If you’ve been watching school districts in California illegally require a COVID vaccine for in-person learning, then you know we’ve already put them on notice about their potential liability. Follow these links to read more about both LAUSD and Culver City.  It’s time to take the next step, and we need your help to do it.

What are we doing?

Children’s Health Defense, California Chapter (CHD-CA) and PERK are now organizing to file a series of lawsuits to fight for children and parents.

When will we file the lawsuit? Who are our lawyers?

Our goal will be to file a complaint by late this week, by October 8, 2021. This date will also depend on the lawyers. We have chosen FACTS LAW TRUTH JUSTICE LLP founder and associate Nicole C. Pearson, as well as Jessica R. Barsotti and Rita Barnett-Rose, all leaders in this legal fight for medical freedom who are working with Children’s Health Defense, California Chapter.

Who are we filing on behalf of?

CHD-CA and PERK are the advocacy groups filing on behalf of thousands of people directly impacted by the mandates.

Los Angeles Unified School District, Culver City Unified School, Piedmont Unified School District, Oakland Unified School District, Hayward Unified School District, San Diego Unified School District and any other districts that implement or vote to implement any COVID-19 injection mandate will be the first targets of these suits. Following this line of attack, we then plan to address the Governor’s plan to implement a state wide mandate. This will be a massive battle that will likely be ongoing for some time. Our intent is to see this fight to the end.

Why are we filing a lawsuit?

The initial suits against school districts will be based on legal and policy arguments that the school districts do not have the legal authority to make these mandates. This is to help parents get through the fall semester, as we know the next action is from the State government via the California Department of Public Health (CDPH), the agency that DOES have the purported authority to add vaccines to the school mandated schedule. However, there are still legal arguments to be made against that, and we intend to make them. We believe the mandates placed upon school aged children violates bodily autonomy, religious beliefs, the Nuremberg code, Federal and State discrimination laws, and that the mandates completely disregard any natural immunity. These mandates are also illegal under California law and the statutes that govern public school vaccination requirements because they specifically say that the laws are to prevent dangerous childhood diseases, which this is not. Further, the risks to children from these injections far outweigh any benefit they may directly give to children. In addition, these “vaccine mandates” appear to be nothing less than veiled attempts to collect data from our children as most school require families to upload vaccine status and other information into cloud data systems that can never be adequately monitored by parents no matter what the districts say.

Finally, before FDA approval, which itself should be questioned in the case of children, Federal law related to experimental medications (which all EUA products are) for children is clear. No child can be subjected to an experimental medical product unless that product will DIRECTLY BENEFIT THE CHILD’S CONDITION and the risk is negligible, akin to taking a temperature. All available data shows very clearly that there is little to no direct benefit to the children from these injections and the risks are massive, including all the unknown long term risks that have not yet been identified due to the fact that there simply has not been time to do long term studies. Our children deserve better than this.

We believe all Californians, and especially children, are protected under the Nuremberg Code, The Declaration of Helsinki, and Siracusa Principle, which declare that 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. We support parental rights, liberties, and the protection of children. 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 and Federal law has codified in law your rights and protection under California Health and Safety Codes and the Code of Federal Register, against medical mandates, experimentations on children, experiments, including failure to give fully informed consent on risks, unknowns, and long-term health impact, including possibly mandating or forcing products, but failing to communicate “experimental subject’s bill of rights,” with a list of the rights of a subject in a medical experiment, written in a language in which the subject is fluent.

For example:

§ 24174. “Medical experiment” As used in this chapter, “medical experiment” means: (a) The severance or penetration or damaging of tissues of a human subject or the use of a drug or device, as defined in Section 109920 or 109925, electromagnetic radiation, heat or cold, or a biological substance or organism, in or upon a human subject in the practice or research of medicine in a manner not reasonably related to maintaining or improving the health of the subject or otherwise directly benefiting the subject.

The new investigational mRNA technologies “penetrate” the tissues of a human subject, and along with PCR testing, is classified as a CLASS B medical device.

CHD-CA and PERK also very aware of digital health passes or certificates launching in schools, cities, and counties across the state. Many are disguised as health passes, but in reality, they are mass surveillance systems, tracking platforms, genetic programs, masquerading as necessary health programs. We believe these certificates and tracking programs will lead to discrimination, a medical apartheid, and open an unprecedented danger for removing people from society.

Donations:

  • We will encourage donations from all of you, but there will not be a specific amount required to participate. CHD-CA and PERK will both be fundraising on behalf of our advocacy and lawsuits for you. Both CHD-CA and PERK have been strong and vocal advocates for the rights of children throughout California, and we have already agreed to work together to fight against these school mandates. You can donate on either platform – at a designated donation link or button — and the funds will be going towards the same set of school-related lawsuits discussed above.
  • Donations will not be refunded, but will be put towards ongoing and future litigation efforts against school mandates.
  • Our goal is to provide the first deposit this Friday, October 8, 2021, to officially retain our legal team and to get the first suit against LAUSD on file.

Exemptions:

  • You may participate regardless of submitting an exemption or not.
  • LAUSD and Piedmont Unified School District have both asserted that no exemptions other than medical exemptions will be honored. This is contrary to the California Health and Safety Code provisions on school vaccines added to the schedule, which requires that personal belief exemptions be allowed.
  • Both CHD-CA and PERK will provide templates and examples for personal belief exemptions.

What to do right now:

  • Stay calm the best you can. We will be sending you resources, advocating on your behalf, and preparing the lawsuit.
  • Every situation is unique as are the policies of each district. We can only recommend or make suggestions. However, the goal is to legally attack the mechanisms of putting these policies in place and the governing laws through litigation against one district first. Our attorneys currently believe that starting with LAUSD makes the most sense, as this district has the earliest dosage compliance deadlines. If this can be declared by a court to be illegal, all district policies will be affected, not just the district sued.
  • How to respond to the district or school? Some groups are choosing to not submit anything. They ignore the requests from the school, and will not be complying in any way, with any form, or information. Others are responding, stating the information is private. Others are stating they are working with their doctor and cannot respond, yet. You will have to choose which option best fits you.
  • Signing up for the Daily Pass App, the COLOR App or any similar tracking app used by the district or school places you and your child’s vaccination status into a database that will track you and/or your children. These apps also blockchain, which means it’s connected to everything including bank accounts and more. Most districts state that use of a digital app is not required to attend school. Assert your right to use a non-digital version of any school entry requirements. Not logging in may be the safest thing to do. Kick the can down the road. You may say something like “I don’t trust the app, happy to disclose, but not in a digital form.” If they come back to you, you may want to ask questions and request the particular app privacy policy, informed consent, legal policy in the case of cyber breeches, and opt out options.
  • Regarding any school admission app, you may say the following “I have a right to privacy under article 1, section 1, of the California Constitution. You cannot therefore require that I disclose anything outside what a normal person should know. I do not have to trade or exchange one right for another.”

Participation:

  • You may participate even if you are in a district that does not yet mandate the vaccine for children, but you will not be representing yourself, as both CHD-CA and PERK will be standing in and advocating for you.
  • Although CHD-CA and PERK will be the primary institutional plaintiffs in this initial petition against LAUSD, our lawyers may determine that they need several individual plaintiffs added to the lawsuit in order to have standing to sue for particular harms/injuries, such as a student athlete who has already been faced with a dosage compliance deadline.
  • You may participate from any district and any county. The lawyers will strategically file against the best district first, and continue from there. They will not be filing a suit to each district, but rather a broader suit addressing what is happening in all the districts implementing mandates for schools. The ultimate goal is to address the statewide policy announced by the governor.

How this will work:

  • CHD-CA and PERK will be the two primary advocacy organizations advocating for all the people who want to be part of the lawsuit. This will allow most people to remain anonymous, but still participate.
  • CHD-CA and PERK will be the organizations jointly paying for the lawsuits. CHD-CA and PERK will be the official clients with the lawyers. Neither organization is a law firm, but instead non-profits who are retaining lawyers to represent all of you on the mandate issues. We don’t expect any money to be rewarded to the people/CHD-CA/PERK even when we win. The goal is to litigate against the mandate, not seek damages. If any damages are requested and awarded in any suit by any organization involved, those will be distributed to all those who participate as required by law. However, we do not anticipate this in these lawsuits. Any of you are free to personally pursue damages in a lawsuit on your own behalf if you feel that is warranted.
  • CHD-CA and PERK will be advocating for you by suing on your behalf. Who are we suing? That will be strategically decided by the lawyers.
  • You will not be required to enter individual legal engagement agreements, unless the lawyers want certain strategic plaintiffs represented from the group.

Liability

  • We cannot be held responsible or liable for any health related decisions you or your family make regarding the mandates.
  • We cannot be held responsible or liable for the outcome of the litigation.
  • We want you to join us, but you are not obligated to work with us on this suit. If you choose your own lawyer, and become a client directly with that lawyer, you may do so. Nothing in this arrangement prohibits anyone from hiring their own lawyer to pursue claims related to the mandates or otherwise personal to an individual’s child.

Strategy

  • CHD-CA and PERK’s hope is that instead of having parents in each district file a suit, we file one or two broader strategic suits that will impact all of your districts.
  • CHD-CA and PERK’s strategy is not only a lawsuit. We also have additional strategies as well.
  • We will also be providing you with self-help resources, such as a “right to refuse” letter for the Daily Pass and COLOR Apps, exemption templates, a template letter that may be sent to your child’s school, and strategic letters to your district (if approved by the legal team.)
  • We will leverage our other CHD-CA and PERK members and coalitions (tens of thousands), to write letters and create public pressure if and when the situation warrants it.
  • We have social media influencers ready to interview you, tell your stories, and highlight it.
  • We are working with other coalition groups across the state as well.
  • Let’s fight these unlawful mandates together! We have the numbers, we have the Truth, and we are on the right side of History.