Update: Judge Finds That During Appeal, San Diego School District Cannot Require Covid-19 Vaccine

Enjoy the right to informed consent.

As previously reported, in a case my firm brought against the San Diego School District, funded by ICAN, a judge struck down its Covid-19 vaccine requirement.  The school nonetheless continued to indicate the vaccine was required.  In a judgment today, the court made clear that San Diego cannot enforce this mandate during the appeal of the Court’s decision. 

Reflecting same, the San Diego School District has sent an email to all parents stating: “we cannot currently implement the vaccine mandate.” 

The school district will likely ask the appellate court for permission to continue to implement the mandate and a decision on that motion will likely occur in the coming weeks.

Putting aside that the right to informed consent should never be eliminated by any mandate, the school district’s drive to eliminate this right here is particularly pernicious since the product at issue, as explained by the CDC, does not prevent transmission and federal health authorities prohibit Americans from suing Pfizer, Moderna and J&J for harms.