The Ninth US Court of Appeals followed the San Diego Superior Court in denying an “emergency” attempt to interrupt the warrant, according to SDUSD. The decision comes on the same day that San Diego County recorded its highest number of COVID-19 cases since September and the new omicron variant was detected in Los Angeles.
The 9th Circuit decision follows a ruling by San Diego Superior Court Judge John Meyer on Friday to dismiss an emergency request to suspend an organization’s application of San Diego’s unified vaccine mandate county called ‘Let Them Choose’.
“We take seriously our responsibility to create a safe environment for our students and staff, and to protect students at medical risk by getting vaccinated,” said Board Chairman Richard Barrera. “This latest decision recognizes that we have both the responsibility to protect students and the power to do so by implementing a vaccination mandate, which truly is our best hope as a country to bring this deadly disease under control. “The majority decision of the Ninth Circuit was final, declaring that the injunction request “does not raise a serious question as to whether the vaccination mandate is not neutral and generally applicable”, the two criteria which are examined and applied. according to a well-established precedent. The Court said that the plaintiffs “have failed to meet their onus of establishing a likelihood of success on the merits, or that they will suffer irreparable harm if this Court does not issue an injunction, or that the interest public weighs in their favor ”.
As part of the mandate approved by the Board of Education to help prevent the spread of the virus in schools and the community, San Diego Unified will require that students aged 16 and older (as of November 1, 2021) be fully immunized, as of November 1, 2021. except those with approved medical dispensation, in order to continue learning in person.
“The majority of the Court correctly recognized that the legitimate interests of the district include protecting the health and safety of students whose health would be endangered by vaccination, by providing narrow medical exemption,” said San Diego Unified Lawyer Mark Bresee.
At least 72% of San Diego Unified students aged 16 or older have been fully immunized as of Nov. 8, according to district data. San Diego Unified continues to offer students, staff and community members the opportunity to receive free vaccines, including pediatric doses for students as young as 5, and reminders at convenient locations around the world. the whole district. To date, the district has received three requests for medical exemptions.
Students and their families are encouraged to visit the district’s COVID-19 vaccine website for answers to frequently asked questions regarding the mandate of student immunization and details on opportunities to get vaccinated for free at school sites. .