Important Press Release on LAUSD hearing from Facts Law Truth Justice

LEGAL TEAM PRESS RELEASE

December 15th, 2021

Major Victory for Students and Families as LAUSD Pushes Back Vaccination Deadline 

In a decision that will set the stage for how school districts around the country proceed with mandates, Los Angeles Unified School District voted this afternoon to wait until Fall 2022 to require students 12 and up to receive COVID-19 vaccines.

PRELIMINARY INJUNCTION UPDATE

This morning Judge Beckloff, potentially in relation to the impending vote by LAUSD, issued his ruling in favor of LAUSD by denying the injunction.

LAWSUIT FILED AGAINST LAUSD REMAINS IN PLACE

While the deadline extension represents a victory for the families of the 34,000 LAUSD students who may now stay in school until Fall of 2022, the lawsuit filed by FLTJ, CHD-CA and PERK against LAUSD will proceed as other aspects of LAUSD’s current policy remain contested. Unvaccinated students will still be prohibited from participating in extracurricular activities, such as science clubs, drill and athletics. They will also continue to have COVID testing requirements and mask mandates.

PERK and Firefighters First Responders Who Risk Their Lives Protecting the City File Lawsuit Against the City of Beverly Hills

Press Release:

PERK and Firefighters 

First Responders Who Risk Their Lives Protecting the City File Lawsuit Against the City of Beverly Hills 

Protection of the Educational Rights of Kids (PERK) and two individual firefighters, filed a LAWSUIT AGAINST CITY OF BEVERLY HILLS ON BEHALF OF MORE THAN 21 FIREFIGHTERS to stop the unlawful Covid-19 Vaccine Mandate.

For Immediate Release in Los Angeles, California, December 14, 2021-  On Dec. 10, 2021, Protection of the Educational Rights of Kids (PERK) on behalf of two dozen individual firefighters, filed a lawsuit against the City of Beverly Hills, Muntu Davis -the Health Officer of Los Angeles County, the City of Beverly Hills, and the County of Los Angeles, was filed on Friday Dec.10, 2021 in Los Angeles Superior Court. Attorneys Scott Street and Attorney John Howard represent the plaintiffs.  

The plaintiffs filed a complaint for declaratory and injunctive relief and damages based on violations of civil rights, and a demand for a jury trial. The lawsuit declares that the mandate exceeds the county’s authority under state law, is unconstitutional, is a violation of privacy under the California State Constitution, and is a violation of the US. Constitution’s 1st amendment religious rights.

Plaintiffs PERK and Firefighters Josh Sattley, Ettore Berardinelli, Jr. allege that despite their essential, (and arguably courageous and heroic) efforts to protect and serve city residents during the entire pandemic, while others sheltered in place, these firefighters (including the unnamed firefighters) are now being required to take the vaccine –against their will– or lose their jobs!

Despite evidence of limited and waning effectiveness of the vaccines,  including the fact they don’t stop transmission, emergency authorization, and evidence of significant adverse effects, the City of Beverly Hills has demanded universal vaccinations for city employees.

The lawsuit also contends that the City of Beverly Hills has subjected Mr. Sattley and Mr. Berardinelli, and others firefighters, to extreme pressure when they requested religious exemptions, and that they put Mr. Sattley on unpaid leave, which is a violation of the Supreme Court’s decision in Skelly V. State Personnel, his right to due process, and rights under the state law Firefighter Bill of Rights.

This vaccine mandate is also a violation of their civil rights, and constitutional rights and constitutes religious discrimination under state and federal law.

Additionally, the Beverly Hills firefighters -like all Californians- have the right to bodily integrity and the right to refuse medical treatment, which the County and City’s Vaccine Mandate and actions violate.

PERK, a non-profit that advocates for civil rights issues, bodily autonomy and medical freedom is deeply concerned about the risks to the health and welfare and of children and families that are posed by the mandate, and is sponsoring and financially supporting the case, in addition to it’s lawsuits challenging vaccine mandates for Los Angeles County employees, for students of Los Angeles Unified School District, and students of Piedmont School District.

Public employees and first responders have already experienced segregation, harassment, discrimination and coercion based on their vaccination status. This has a serious impact on those firefighters, their families, co-workers, the fire department, city, county and the public at large. This type of coercion and intimidation by the City of Beverly Hills and County of Los Angeles has a deleterious and chilling effect on it’s residents.

Protection of the Educational Rights of Kids: PERK is a California 501(c)(3) nonprofit corporation headquartered in California whose mission is to advocate for medical freedom, bodily autonomy, children’s rights, parental rights, civil rights and protect children’s right to an education. PERK has over 15,000 members throughout California, consisting of public employees, first responders, and parents of children attending school, grades K through 12, in California. PERK has thousands of members with children attending school within LA County. Donate to support our efforts

Media Contact:

President of PERK

Amy Bohn

Perkgroupadmin@protonmail.com

PERK & CHD-CA vs. LAUSD Lawsuit Update: Press Release

 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 our 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 Press Release

October 18, 2021

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.

For Immediate Release in Los Angeles, Calif., (October 18, 2021) – 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/

FLTJ Media Contact:  

Simone Alex

Email  Simone@fltjllp.com

Phone 310-498-8806

To support this legal action, please donate to the Legal Fund.

Verified Petition for Writs of Mandate & Request for Immediate Stay

Cease and Desist Letter