Judge rules in favor of father-son duo stating LAUSD cannot issue vaccination requirement
A Los Angeles Superior Court judge ruled against Los Angeles Unified School District's vaccination mandate on Tuesday, instead opting to side with a father-son duo who challenged the mandate.
Judge Mitchell Beckloff ruled that the current LAUSD mandate clashed with both California state law and the state health and safety code by not allowing exemptions for personal beliefs.
That mandate, which stated that students attending in person classes must be vaccinated against coronavirus, or be moved to an at-home study program, was approved in September 2021.
In response to the initial issuance of the mandate, the father of a student at Science Academy STEM Magnet School, filed a complaint in October 2021, stating that based on his personal belief against vaccines, that his son had natural immunity after already recovering rom COVID-19 and that the mandate violated the California state Education Code in requiring students 12 and older to get vaccinated or go on independent study.
"I worry that vaccinating him could prove even more dangerous now that he has had COVID-19," the father said in a sworn declaration. "Among other things, I fear that the vaccination could overexcite his immune system and antibodies."
The father, only identified in court documents as G.F., and his 12-year-old son, D.F., had awaited a decision for more than three months, after Judge Beckloff had initially issued a tentative decision that was leaning in favor of LAUSD at the time.
On Tuesday, he ruled that the Board of Education's authority is "great, but not unlimited," and that only the state had the authority to issue such a mandate.
"While LAUSD argues the court's ruling should apply to D.F. only, the court finds no justification for such a limitation given the board's lack of authority to adopt the resolution," Beckloff said.
According to the father, D.F. had already received all other required childhood vaccinations.
In response to the filed complaint, LAUSD lawyers stated that 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 mandate was placed on hold until at least July 2023 by LAUSD, as they looked to align with the state in waiting for FDA approval for school-age children. According to EdSource, more than 80% of the current student body is already vaccinated.
LAUSD issued a statement in response to the decision Wednesday morning, which read:
"In April of this year, the Los Angeles Unified School District aligned with the State's timeline for implementation of the Governor's student vaccine mandate wherein any vaccine requirement would not take effect until after full FDA approval and no sooner than July 1, 2023. Accordingly, the District's alignment with the Governor's student vaccine mandate has allowed Los Angeles Unified students to enroll and attend in-person instruction. Los Angeles Unified will continue to take measures to ensure the health and safety of its students, employees and school community."
Additionally, the ruling does not apply to staff and teachers.