Judge Rules in Favor of Father Who Challenged LAUSD Covid Vaccine Mandate – Los Angeles

On Wednesday, a judge ruled in favor of the father of 12-year-old student who challenged Los Angeles Unified School District’s student coronavirus vaccine directive. The judge found that the resolution authorizing the directive is inconsistent with state law.

After hearing arguments and taking the case under submission for three months, Los Angeles Superior Court Judge Mitchell Beckloff retracted his tentative ruling. He stated that he initially was inclined to favor the LAUSD in the case brought forward by the father. The father is identified only in court papers as G.F., and his son as D.F.

G.F. filed the suit last October 8 for himself and his son, a Science Academy STEM magnet school student. G.F. maintained the LAUSD and the state are authorized to issue vaccination mandates. The district’s requirement for unvaccinated students 12 years and older to attend independent learning classes off campus is in violation of the state Education Code.

In his ruling, Judge F. pointed out that D.F. would be forced to leave the academy if he did not get vaccinated. The judge stated in his ruling that if D.F. Beckloff also stated that although the Board of Education is able to exercise great authority, it is limited. Beckloff concluded that the Sept. 9 student vaccination resolution conflicts with state law and violates the state Health and Safety Code. It does not allow exemptions to personal beliefs.

“While LAUSD believes that the court’s ruling should be applied to D.F. Beckloff wrote that only the court does not find any reason for such a restriction, given the board’s lack authority to adopt this resolution.

City received the following statement from a spokesperson for the LAUSD
News Service

“In April this year, Los Angeles Unified School district aligned itself with the state’s timeline to implement the governor’s student vaccination mandate. Any vaccine requirement will not be effective until the FDA has approved it and no earlier than July 1, 2023. Los Angeles Unified students are now able to enroll and take part in instruction by the district following its alignment with the governor’s student vaccine mandate. Los Angeles Unified will continue to take steps to protect the health and safety its students, employees, and school community.

G.F. swears that he believes the vaccine can irreparably damage his son. He has recovered from the coronavirus, and may also have natural immunity.

“Further, I worry that vaccinating him could prove even more dangerous now that he has had COVID-19,” G.F. says. “I am concerned that his immune system could be overexcited by the vaccine.

After weighing the risks and what he considers to be a good deal, he decided to take the plunge. “statistically minuscule risk” that his son will contract the coronavirus again, G.F. says he “LAUSD’s attempt at forcing his (son) vaccination is strongly opposed.

D.F. According to his father, D.F.

LAUSD lawyers claim that G.F. and his child failed to obtain the court relief they sought in their court papers and that it should have been denied.

The relief sought by G.F. “asks this court to ignore the life- threatening risks presented by COVID-19 and the corresponding threat it poses to public education…”  the LAUSD attorneys argued in their court papers.

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