More Details About the San Diego COVID Vaccine Mandate Strike Down!

Earlier today, a California Court struck down a COVID-19 vaccine mandate for San Diego students, finding that the school board, like all California school boards, does not have the authority to mandate a vaccine.  The following is more information about the case for those interested.

ICAN supported a lawsuit on behalf of a family in San Diego whose child was subject to the vaccine mandate.  This case was S.V., individually and on behalf of J.D. v. San Diego Unified School District.

The group Let Them Choose also filed a lawsuit challenging the same mandate on behalf of a different petitioner.

Because they were challenging the same mandate, these two cases were consolidated and heard before the same judge.

S.V.’s opening brief, drafted by Aaron Siri and his team, can be found here.  Let Them Choose’s opening brief can be found here.

The Defendant’s opposition brief can be found here.

S.V.’s reply brief can be found here.  Let them Choose’s reply brief can be found here.

Again, the tentative ruling can be found here.

Ultimately, the Court found that a California school board does not have the authority to implement or enforce a mandate which requires a vaccine not already required for school by the legislature.  The Court stated: “it is clear that SDUSD’s Roadmap attempts to impose an additional requirement in a field that the Legislature fully occupies.”  Therefore, the mandate is preempted by state law and so the Court ultimately concluded that, “[t]he addition of a COVID-19 vaccine mandate without a personal belief exemption must be imposed by the Legislature.”  Because this mandate was imposed by a body other than the legislature, it is invalid.

If the state of California wishes to mandate the COVID-19 vaccine, it must follow the appropriate procedures to do so.  As was confirmed today, individual districts and school boards do not have the authority to do so.  This is great news for those families in California who wish to make their own medical decisions based on choice and not based on coercion.

A sincere thank you to all ICAN supporters that make these wins possible!