October 17, 2021

We’re Suing LAUSD Over Their COVID Vaccine Mandate!

On Wednesday, October 13, 2021, Children’s Health Defense’s California Chapter (CHD-CA) filed suit against LAUSD in CA Superior Court.  On September 9, 2021, Los Angeles Unified School District (LAUSD) voted 6-0 to adopt a COVID-19 vaccine mandate for students 12 and up. This is beyond the authority of local school districts. Since they ignored the Cease and Desist letter we sent them, we had no choice but to follow up with this legal action.

They had a chance to avoid this.

Last month, after LAUSD’s Board of Education voted in their mandate for all students 12 and older to be fully vaccinated as a requirement to attend class, Nicole Pearson, an attorney for Children’s Health Defense’s California Chapter (CHD-CA), served them with a Cease and Desist letter giving a deadline of Friday, September 17, to avoid further legal action.  LAUSD declined to respond, letting the clock run out.

Now CHD-CA is making good on our promise to represent parents of LAUSD students in the courts.

The Petition has been filed.

On Wednesday, October 13, 2021, our legal team, on behalf of Children’s Health Defense, California Chapter (CHD-CA) and the Protection of the Educational Rights of Kids (PERK) as institutional petitioners representing the rights and interests of CHD-CA and PERK members residing within the LAUSD, filed a petition with the Los Angeles division of the California Superior Court.  The petition outlines all the reasons why LAUSD and its board members lack any legal authority to issue a Covid-19 vaccine requirement at the district level, and requests that the court inform LAUSD, in no uncertain terms, that the vaccine requirement is null and void and LAUSD cannot enforce their illegal mandate. You may read the filed Petition here.

Who is affected?

Between us, CHD-CA and PERK count more than 1,450 families with children in the LAUSD.  While these families benefit directly, even more benefit from their bravery in pursuing this matter. LAUSD is the second largest school district in the USA, enrolling more than 600,000 students each year.

Beyond the students within LAUSD, any legal action taken against this prominent district will be viewed as setting an example for other districts within California, and, indeed, across the country. According to attorney Jessica Barsotti, one of the litigators representing CHD-CA and PERK in this action, “The law is clear and on our side. LAUSD is simply not the proper governmental agency to add any new vaccine, including a Covid-19 vaccine, as a condition for in-person education in California. It’s appalling that they chose to do so in the middle of the ongoing fall term and without following the proper statutory procedures.”

What Happens Next?

Once the Petition is filed, along with the legal memo outlining the specific legal reasons why Petitioners should prevail, the LAUSD respondents should typically have ten (10) days to respond. Despite the law being on our side, we expect a fierce battle ahead, with LAUSD respondents clinging to their illegal assertion of power. But CHD-CA will not give up!

How can you help?

The lawsuit has been filed, but the cost of suing an entity like LAUSD is not small. We need your help. Donate today to help us end illegal Covid-19 school vaccine mandates!