Judge Beckloff of the Superior Court of Los Angeles County is weighing arguments presented in court on Wednesday, 12/8/21 regarding the lawsuit filed by the Children’s Health Defense California Chapter and P.E.R.K. (Protection of the Educational Rights of Kids) against the Los Angeles Unified School District for “acting far in excess of its lawful jurisdiction and authority under state law.”*
Attorneys representing the LAUSD chose not to appear in person but argued their position via Zoom which was only audible to the packed courtroom full of concerned citizens in support of the lawsuit. A press conference with attorneys representing PERK and CHD-CA along with Amy Bohn, Director of PERK, was held after the hearing. PERK issued the following press release today:
*As stated in the original lawsuit.
By Karen Sheperd
PERK & CHD-CA vs. LAUSD Lawsuit Update
Yesterday, Wednesday December 8, our legal team went to battle for our children, again, in the Stanley Mosk Courthouse in Downtown Los Angeles. They had filed a Motion for a Preliminary Injunction asking Judge Beckloff for an order stopping the District from enforcing its CV19 shot requirement on kids 12 and older in order to continue receiving in-person services and education because (i) school Districts in California do not have legal authority to require new vaccines for children in order for them to attend school in person, and (ii) the potential harms of children being forced to do so or otherwise be denied access to in person learning and shunted into the City of Angel’s subpar, failing remote program are greater than any harm to the District of simply maintaining their current COVID-19 safety measures prior to the illegal vaccine mandate.
The morning of the hearing, our attorneys, Jessica Barsotti, Rita Barnett-Rose, and Nicole Pearson were blindsided by a 14-page tentative – or an “initial” or “possible” – ruling from Judge Beckloff denying our request that he posted before the hearing. This did not deter our Warriors – it fueled their resolve and passion, and fortified their weapons – as they went to battle in the courtroom to break down Judge Beckloff’s ruling and explain why it was not appropriate under existing law, and would otherwise be irreparably harmful to our kids and California as a whole. Attorneys Jessica Barsotti and Nicole Pearson did a fantastic job explaining to the Court why sending students to the City of Angels was not in any way equivalent to in-person education and services, and how allowing individual schools to mandate vaccines at the local level would set “extremely dangerous precedent.”
To his credit, Judge Beckloff was receptive to our attorneys’ arguments and inquiring and – after almost 2 hours of oral argument – stated that our attorneys had given him “pause” and “serious matters to think about.” As a result, rather than rubber stamp his own 14-page initial ruling, he took it under submission and is still deciding how he should rule.
What does this mean for us and our children? It means we pray. We pray that Judge Beckloff continues to hear and remember our attorneys’ brilliant arguments, including how harmful it will be not to grant our request, and that he has the courage and resolve to sign an order granting our Motion, despite all the opposing forces and pressures he is certainly under.
Judge Beckloff did not give a specific deadline for his final ruling, however, we will keep you posted with next steps and updates as they arise.
School Mandate Lawsuit Update
November 8, 2021 Update on PERK LAUSD Lawsuit:
Our PERK-CHD legal team has been busy this past week. Since Judge Hogue did not grant our request for a Temporary Restraining Order, our attorneys filed a Motion for a Preliminary Injunction, another emergency tool to ask the court to pause LAUSD’s unlawful Covid-19 vaccine requirement until we have the official hearing on the merits of our case. If granted, the Injunction would stop enforcement of the vaccine requirement on all students 12 years and older, and return the district to the original Covid-19 masking and testing safety measures.
The date set for the Injunction is December 8. Because the next “first dose” deadline for vaccination is November 21, our attorneys filed another, separate application for the judge to set this hearing earlier. December 8th date is too far out and will lead to irreparable harm for many LAUSD students and families!
Please keep our legal team in your thoughts and prayers and pray that the judge will do the right thing and grant the request to shorten time this Wednesday!
In addition to the LAUSD litigation, our attorneys are also busy working the next school vaccine lawsuit against Piedmont Unified School District, which they hope to file by the end of this week. Stay tuned. We need to grow our numbers and let these petty tyrants know that we will not stand for illegal, unconstitutional, and dangerous mandates and that they will not inject our children – or US – against our will.
School Vaccine Mandate Lawsuit
Protection of the Educational Rights of Kids and Children’s Health Defense – California Chapter have filed a Petition in California Superior Court to Stop LAUSD’s Unlawful K-12 Covid-19 Vaccine Mandate.
On October 15, 2021 Children’s Health Defense – California Chapter (CHD-CA) and Protection of the Educational Rights of Kids (PERK) has filed legal action against the Los Angeles Unified School District (LAUSD), its Superintendent, Megan Reilly, and all seven members of its Board of Education in Los Angeles Superior Court. The petition seeks to immediately halt enforcement of the District’s illegal Covid-19 vaccine mandate on all school children aged 12 years and above as a requirement for receiving in-person learning.
The grounds for CHD-CA and PERK’s Petition are simple and clear: neither LAUSD, nor any other school district, board of education, or school administration, has the authority to require new immunizations not currently listed in the California Health and Safety Code, Section 120335. Further, these immunizations must be FDA-approved and provide for personal belief exemptions, as noted by Governor Newsom, himself, during an October 1 press conference.
On September 9, 2021, four weeks into the school year, the LAUSD Board of Education passed 6-0 a resolution purportedly requiring LAUSD students 12 years of age and older to obtain a Covid-19 vaccine as early as October 3 as a condition to continuing in-person education. One Board member recused himself from the vote due to financial ties to Pfizer, Inc. LAUSD has been in session since August and did not experience severe Covid-19 cases, hospitalizations, or deaths that might justify the Board’s resolution to mandate the experimental vaccine. The Board unilaterally decided to impose the requirement without notice, four (4) weeks into the semester, claiming that they had a “constitutional mandate obligation to deliver the highest-quality instruction in the safest environment possible.” The Board cited no statutory, regulatory or jurisdictional authority for its actions because no such authority exists, which is why CHD-CA and PERK are suing.
In their petition, CHD-CA and PERK seek writs of mandate to void the Board’s resolution regarding the mandate, and a temporary restraining order to immediately enjoin the Board from requiring students to be subject to these experimental Covid-19 vaccines while the petition is pending before the court. Since the Board passed the Covid-19 vaccine mandate, parents and students have been scrambling to obtain exemptions, transfer into other school districts or private schools, commence homeschooling, and seek other options that would protect school children from imposed experimental vaccines. Of course, some of these options are unfeasible in the middle of a school term, and even more-so for low income families who may not have the resources to pursue these alternatives for their children. The Board’s actions have already caused harm and disruption to LAUSD families, and without court action, will unlawfully deny students ongoing in-person education, participation in extracurricular activities, and exclude them from many other benefits and services attached to in-person education within LAUSD.
LAUSD is the second largest school district in the United States, enrolling more than 600,000 students. Actions taken by this prominent district can set an example for other districts within California, and, indeed, across the country. Therefore, it is imperative that the over-reaching actions of the Board not set any form of precedent for other school districts to follow. CHD-CA attempted to avoid litigation by sending a Cease and Desist Letter to the Board immediately following the Board’s decision, outlining LAUSD’s lack of authority to impose such a mandate and multiple violations of federal and state law. After receiving no response, and having no adequate administrative remedy to pursue in this situation, CHD-CA and PERK courageously and generously stepped in on behalf of the thousands of member families residing in the LAUSD district to file the Petition. As non-profit organizations, CHD-CA and PERK rely on donors to fund this pivotal legal battle against LAUSD, its Superintendent, Board, and Board members. Please consider donating to help fund this battle against LAUSD, and every district coming after it with similar illegal – and potentially lethal – mandates.
Protection of the Educational Rights of Kids: PERK is a California 501(c)(3) nonprofit corporation headquartered in California whose mission is to protect children’s right to an education. PERK has over 3,500 members throughout California, consisting predominately of parents of children attending school, grades K through 12, in California. PERK has hundreds of members with children attending school within LAUSD. https://www.perk-group.com/
About Children’s Health Defense – California Chapter: CHD-CA is a California 501(c)(3) nonprofit corporation incorporated under the laws of the State of California, and headquartered in Ross, California. CHD-CA has over 7,000 members throughout California, consisting predominately of parents whose children have been negatively affected by environmental and chemical exposures, including unsafe vaccines. CHD-CA represents the interests of thousands of children and families across California and hundreds within LAUSD. https://ca.childrenshealthdefense.org/
About Facts Law Truth Justice: FLTJ is a law firm based in Newport Beach, CA. FLTJ’s attorneys Nicole Pearson, Jessica Barsotti, and Rita-Barnett-Rose have been engaged in empowering parents, teachers, and students to fight against unlawful CV-19 mandates for the last 18 months. FLTJ attorneys have provided significant pro-bono legal support to Children’s Health Defense – California Chapter and now represent CHD-CA, along with PERK, in this current school vaccine lawsuit. https://fltjllp.com/
Lawsuit Filed Against Los Angeles Unified School District
The petition states all the reasons why LAUSD and its board members have no legal authority to issue a Covid-19 vaccine requirement. It also requests that the court inform LAUSD, emphatically, that the vaccine requirement is null and void and LAUSD cannot enforce their illegal mandate.
The Petition was filed on Wednesday, October 13, 2021. The legal team, on behalf of and the Protection of the Educational Rights of Kids (PERK) and Children’s Health Defense, California Chapter (CHD-CA) as institutional petitioners representing the rights and interests of thousands of CHD-CA and PERK members residing within the LAUSD, filed a petition with the Los Angeles division of the California Superior Court.
PERK: Protection of Educational Rights of Kids
Contact: Executive Director, Amy Bohn
Media Contact: PERKGroupAdmin@protonmail.com
Press Release
Friday, October 15, 2021
The Petition has been filed on Wednesday, October 13, 2021. The legal team, on behalf of and the Protection of the Educational Rights of Kids (PERK) and Children’s Health Defense, California Chapter (CHD-CA) as institutional petitioners representing the rights and interests of thousands of CHD-CA and PERK members residing within the LAUSD, filed a petition with the Los Angeles division of the California Superior Court.
The LAUSD respondents including; LAUSD School District, LAUSD Superintendent, and LAUSD Board of
Education, typically have ten (10) days to respond. The Petition states the following:
“On September 9th 2021, after a month of successful in-person learning throughout Los Angeles Unified School District schools, Respondent Board Members of the Los Angeles Unified School District (“LAUSD”) held a special board meeting with less than forty-eight hours’ notice, to adopt a highly controversial district-wide Covid-19 vaccine requirement via resolution for all “eligible” LAUSD students as a condition to students continuing their already commenced in-person education in the district (the “Requirement”).”
“Via this Petition, Petitioners seek writs of traditional and administrative mandate from this Court for the benefit of its numerous members residing within LAUSD with children attending schools within the district, declaring that Respondents lacked all authority to enact its Requirement, and immediately enjoining Respondents from enforcing it against any LAUSD students.”
The Petition continues,
“A school board is not the agency charged or endowed with any delegated statutory authority to add a new vaccine to this schedule, but rather is merely the subordinate governing authority charged with collecting documentation of the immunizations required by the Legislature under Section 120335(b)(1)-(10).
“All available Pfizer Covid-19 vaccine products, and all other Covid-19 vaccine products available to the general public in California, including to all students of any age within the LAUSD, are still available only under the federal EUA.”
The petition states all the reasons why LAUSD and its board members have no legal authority to issue a Covid-19 vaccine requirement. It also requests that the court inform LAUSD, emphatically, that the vaccine requirement is null and void and LAUSD cannot enforce their illegal mandate.
PERK
PERK Press Release LAUSD School Suit
PERK-Press-Release-LAUSD-School-Suit
