School Districts Can’t Require COVID-19 Vaccine Mandates: California Supreme Court

A lawsuit opposing COVID-19 vaccine mandates by California schools prevailed after the state’s Supreme Court rejected an appeal by schools.

Let Them Choose sued San Diego Unified School District over its proposed COVID-19 vaccine mandates for students older than 16, according to an Epoch Times report. San Diego County Superior Court Judge John Meyer favored the plaintiff’s, ending the proposed vax mandate. His order was stayed until an appellate court reviewed the case.

California’s Fourth District Court of Appeals November ruling affirmed Meyer’s decision that school districts lacked authority to mandate vaccines. The appellate court’s ruling was quickly appealed by two charter schools. State Senator Richard Pan (D-Sacramento) joined the lawsuit on behalf of the schools.

The state Supreme Court found no legal fault with the Fourth District’s ruling. The California Supreme Court in a 3–0 opinion concurred with the trial and appellate courts that only the state has authority to mandate vaccines in schools.

“The legislature has mandated that public health officials — not school authorities — determine the disease[s] for which vaccinations are required,” Justice Richard Dato wrote in his opinion.

The decision creates a binding precedent for trial courts across the state.

Let Them Breathe founder Sharon McKeeman stated she was proud their lawsuit protected San Diego Unified students and potentially other California students against an “unlawful” COVID-19 mandate by a school district.

“This proves that grassroot parent movements are crucial to student well-being,” McKeeman told The Epoch Times.

California was poised to become the first U.S. state to require COVID-19 vaccination for public school students. The plan was initially scheduled for a July 2022 implementation but was postponed one year. Since then, the state has declared it will end its COVID-19 State of Emergency February 28, according to an EdSource report.

Gov. Gavin Newsom announced plans in 2021 for California to become the first state in the nation to have COVID-19 vaccine requirements for schools, which was to have started in July of 2022 but was postponed a year.

That decision apparently prompted the state Department of Health to rescind its plan to add COVID-19 to the list of required vaccinations for K-12 students.