Lawsuits Opposing California School District Mask and Vaccine Mandates Show Who Is On the Side of Right – Opinion

A lawsuit opposing Governor Gavin Newsom’s mask mandates in schools brought by Let Them Breathe and Reopen California Schools suffered a setback on Nov. 12.

Fox5 San Diego reports that the judge has dismissed the case, however, Jennifer Kennedy, Civil Litigator, explains the details.

“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.

The demurrer however forced admission of an important point, which many school districts used to claim they had no authority to stop the implementation of mandates.

McKeeman states that she regrets the court’s decision but is pleased the judge clarified certain 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.”

Kennedy was closely following this case and offered her support via Facebook to parents who are one of her own 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! Also masking, testing and 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 These are the guidelinesThe State It is 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….

Kennedy continues:

“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 vaccine mandate was the first in America for K-12 school students.

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!

The authority for a school district to mandate new vaccinations is not given. An FDA-approved shot for experimental uses cannot be mandated by any school district. A shot must not be added to the K-12 list without medical exemptions and personal belief. 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.

All the worry and anxiety parents feel about their child not being vaccinated is understandable. It’s all high-tech and medical bullying.

Kennedy wraps it all up

“Believe it?  It was said in court 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.  Parents in LA Unified need to be aware of this, as well as parents from other areas.

“The LAUSD deadlines for shots are claimed to have NO ENFORCEMENT. Parents who fail to upload shots records by 12/19 or 11/21 should be notified immediately. This will ensure that no action is taken against students this semester.

• All LAUSD students, whether vaxxed and unvaxxed are eligible to remain in the school for the duration of the semester.
• LAUSD lawyers told Court that there will only be one harm for students – the exclusion from in-person learning starting JANUARY 10 2022 of children who have not been vaxxed.

“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 concluded with these words of encouragement

“If you do not wish to vaccinate your child, STAY STRONG. Your side is the law. The law is with you.

“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.”

Education mafia runs scared This is how we find out. 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.

Evidently, they took cues form Attorney General Merrick Grland. The term is becoming as hackneyed as “dog whistle” and “white supremacy.”

California’s extremists are increasingly led by women, with anti-vaccine alliances and doomsday preppers being the most prominent examples.

The Story Supported by @pulitzercenter. https://t.co/ljcnZUpsUr

— The Sacramento Bee (@sacbee_news) November 22, 2021

HOLD THE LINE. We the People and YOU The Parents win.