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San Diego judge quashes school district student immunization warrant after court challenge


A Superior Court judge sided with a parent group called Let Them Choose Monday and spoke out against the San Diego Unified School District’s COVID-19 vaccine mandate, agreeing such a move would not could only be approved by state legislators.

The San Diego Union-Tribune reported that there were approximately 14,000 students aged 16 and over in the district who the tenure would have had an impact. As of last week, about 20% have yet to receive the jab, the newspaper reported. The decision has no impact on other school districts in the state, according to the report.

Anti-vaccine protesters stage a demonstration outside the San Diego Unified School District office to protest a forced vaccination mandate for students on September 28, 2021 in San Diego, California. (Photo by Sandy Huffaker / Getty Images)

Mark Bresee, an attorney for San Diego Unified, told the Union-Tribune that the district is considering its next steps.

San Diego Superior Court Judge John Meyer said the vaccine requirement conflicts with state law because these mandates can only be imposed by the state legislature. Bresee disagreed and said the law “specifically allows and encourages local immunization programs.”

San Diego judge quashes school district student immunization warrant after court challenge

FILE: Protesters stage a demonstration outside the San Diego Unified School District office to protest a forced vaccination warrant for students. (Photo by Sandy Huffaker / Getty Images)
(Sandy Huffaker / Getty Images)

The district said in a statement that “Meyer has concluded that only the state can act regarding immunizations, even though the law specifically permits and encourages local immunization programs.”

San Diego judge quashes school district student immunization warrant after court challenge

Lurie Children’s Hospital RN Carolyn Ruyle prepares a dose of a Pfizer COVID-19 vaccine at Lurie Children’s Hospital on Friday, November 5, 2021 in Chicago. (AP Photo / Nam Y. Huh)
(AP Photo / Nam Y. Huh)

“Even Judge Meyer acknowledged in his ruling that the vaccination mandate” appears to be necessary and rational, and the district’s desire to protect its students from COVID-19 is laudable, “the district said.

Let Them Choose, the parent group behind the lawsuit, praised the judge’s ruling in a statement obtained by Fox News.

The group said the judge was correct in concluding that the district’s “vaccine roadmap” contradicted state law that “requires new vaccines outside of the legislated childhood vaccine list.”

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City News Service reported that under the district’s plan, these unvaccinated students would have been banned from learning in person without a medical exemption. The district did not immediately respond to an after-hours email from Fox News.

This decision that school districts do not have the power to demand the COVID-19 vaccine is echoed across the state, and it shows that parents coming together in a grassroots movement to defend the rights of our children is powerful and efficient, ”Sharon McKeeman, founder of Let Them Choose and its subsidiary Let Them Breathe, said in the statement.


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