Wednesday, June 19, 2024

Leslie Manookian talks about her big win in the courts v LA Unified School District's vaccine mandates for employees

Federal Court at the top is the Supreme Court.  

Below that are the Appellate Courts, the Circuit Courts of Appeal.  There's a 9th Circuit which is where we sued Los Angeles Unified School District. The 9th Circuit is the largest District in the United States.  There are 13 Circuits.  Washington DC is the 13th, and then the rest of the country is cut up into these chunks.  The 11th circuit is Florida, Alabama, and Georgia just to give you context.  The 9th Circuit where California is, is California, Oregon, Washington, Hawaii, Idaho, Montana, Wyoming, Utah, and Nevada.  It's the biggest circuit in the country.  And there are 29 judges that sit on that circuit.  It's a very, very big circuit; it's the biggest.

Below the courts of appeal, the circuits, are the district courts, and those are the federal courts that are all over the country.  The state of California is divided into three districts: the Southern, the middle, and Northern, and same thing in Florida.  We filed in the middle district in California.  This isn't crucially important, but it's important that you understand that you file in a district court, or a trial court.  And then if you don't like the ruling or you think it was an error, then you appeal to the circuits.  And then if there's an issue there then you appeal to the Supreme Court. 

So we file this case in the district court in the middle district in Los Angeles, in Pasadena.  The judge, the court dismissed the case on July 27th, 2021.  The court dismissed the case without prejudice because they said that the case was no longer ripe because LAUSD had told the court was representing to the court that "it did not have a mandate nor was it intending to issue a mandate, and any concerns about their being one or allegations that they might do one in the future was pure speculation." 

6:13. Because you're a conspiracist?

Yeah exactly so the court dismisses the case on July 27th 2021 and 17 days later LAUSD issues a new mandate.  Okay so they were clearly misleading the court, and we have proof of that.  We received proof of that during depositions in the second case.  So they rescind the mandate, or they issue a mandate.  I think it was August 14th, 2021.  This is after the CDC told the country that employees who are vaccinated and unvaccinated should not be treated disparately because the shots don't stop transmission or infection.  That was late July I think it was the 28th 29th of July early August the very latest I think Rochelle Wallensky was on CNN August 3rd, or 2nd, in 2021 saying, "Oh, what we can't do right now is stop transmission with these shots."  So we knew, everybody knew, and the second largest school district in the country LAUSD sure as hell should have known and should have been heeding them.  And they weren't.  So they go full steam ahead.  They fire 500 people.  They then keep pushing.  They push another 500 plus into displacement, or early retirement.  The Online Academy if they were lucky, a little over 100 people got that.  They were treated like pariah. They were told do not set foot on campus if you have not taken the shot.  It was horrific what they did to them.  These teachers who, you know, some of them have worked 25, 30, 35, 40 years, right.  They've given their lives to the children in the school district, and they're standing up and saying, you know, no, thank you for your religious reasons.  And the school district would say, "yes, we recognize that you have a legitimate religious exemption, but we can't accommodate you," and so you are displaced.  You're just pushed into unpaid leave in indeterminately.

8:20. So this was all about the employees, this is not children, correct?

8:25. Yes, we were suing over employees.  So this was about employees because what was happening simultaneously was that they did Issue one for the students.  But 5,000 parents showed up at the school board meeting and pushed back, and so the school board backed down and they repealed the mandates for the kids, for the students.  So this is another aspect of the lunacy that they are forcing the teachers to be jabbed but . . . 

When there's like 40 kids in the class that presumably right so that they are not mandating.

9:00. It's crazy it made no sense right so anyway so they do all of this.  And so we are working with the same group we've been working with California Educators for medical freedom and individual named plaintiffs in the first case.  And they were ,you know, of course, so distraught by what was happening, and we said, you know, look, we'll refile a new suit actually.  So this time in some respects which in some respects I kind of wish we'd argued but in other respects, and in many more respects, I'm glad we didn't, because this is so much more important.  We filed a second case and we argued that the COVID shots don't stop transmission or infection and as such are medical treatment at best we argue that natural immunity is something real and that the courts must acknowledge it.  We argued that Jacobson, the Supreme Court case from 1905, upon which all of the mandates have been used and have been justified, must be narrowed because Jacobson actually doesn't apply.  And that this is the wrong body of case law to use Jacobson, that you should be using another body of case law.  


  

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