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Good Suit Against LA School District's Vaccine Mandate
Plaintiffs, for their Complaint against Defendants, allege as follows:
INTRODUCTION
1. On March 4, 2021, Defendants’ predecessors issued a policy requiring that employees of the Los Angeles Unified School District (“LAUSD”) be vaccinated against COVID-19. See California Educators for Medical Freedom, et al v. Austin Beutner, et al, Case No. 21-cv-2388 (the “Original Lawsuit”). In response, the Original Lawsuit was filed on March 17, 2021. Id. at Ecf. No. 1.
2. On March 18, 2021, in a frankly cynical effort to create a ripeness issue, LAUSD reversed its policy and gave employees the option of regular testing. Ecf. No. 25 at ¶¶76-86. As a result, Defendants’ predecessors argued that Plaintiffs’ allegations relied on a future contingency that might not occur, and that the lawsuit was therefore not ripe for adjudication. Id. at Ecf. 33-1, 41.
3. On July 27, 2021 the Court dismissed the case, without prejudice, based on ripeness. Id. at Ecf. No. 44. “That Defendants were contemplating requiring the vaccine,” the Court concluded, “and then later reversed course and explicitly said they would not be, does not create a ripe case or controversy.”
4. Nevertheless, on August 13, 2021 – a mere 17 days after winning dismissal based on ripeness – Defendants enacted a mandatory “COVID-19 VACCINATION REQUIREMENT FOR EMPLOYEES AND OTHER ADULTS WORKING AT DISTRICT FACILITIES.” (the “Mandate”). See Exhibit “A”, attached hereto. That, of course, was the plan all along. Employees must receive the first dose by October 15, 2021, 2021.1
5. Plaintiffs have been notified that if they fail to comply with the deadline of October 15, 2021, they will be forbidden from returning to work effective October 16 and will be terminated effective November 1, 2021.
6. Prior representations to the Court notwithstanding, Defendants were at least honest enough to call their policy a “mandate.”
7. Plaintiffs assert that Defendants’ Mandate cannot be supported when:
i. Over 99.8% of all those who are infected and ill with COVID survive.
ii. Those who survive obtain robust and durable natural immunity.
iii. The natural immunity so obtained is superior to COVID vaccineinduced immunity.
iv. The COVID vaccines are ineffective against the Delta strain f COVID, which the Center for Disease Control (“CDC”) states is the dominant (>99%) strain throughout the United States.
v. The CDC Director admitted that the COVID vaccines do not prevent infection or transmission of COVID. “[W]hat they [the vaccines] can’t do anymore is prevent transmission.”2
vi. The CDC acknowledged that the vaccinated and unvaccinated are equally likely to spread the virus.3
vii. The vaccines only reduce symptoms of those who are infected by COVID, but not transmission of the virus. They are, therefore, treatments, and not vaccines as that term has always been defined in the law.
viii. In fact, the CDC has actually changed its definitions of “vaccine” and “vaccination” to fit with the currently-available COVID Vaccines. Until recently, the Centers for Disease Control defined a “Vaccine” as: “A product that stimulates a person’s immune system to produce immunity to a specific disease, protecting the person from that disease.”4
ix. The CDC also previously defined “Vaccination” as: “The act of introducing a vaccine into the body to produce immunity to a specific disease.”5
x. Both prior definitions fit the common understanding of those terms. To be vaccinated meant that you should have lasting, robust immunity to the disease targeted by the vaccine.
xi. But on September 1, 2021, the CDC quietly rewrote these definitions. It changed the definition of a “Vaccine” to: “
A product that stimulates a person’s immune system to produce immunity to a specific disease, protecting the person from that disease preparation that is used to stimulate the body’s immune response against diseases.” It changed the definition of “Vaccination” to: “The act of introducing a vaccine into the body to produce immunity to protection from a specific disease.”
xii. In other words, the CDC has eliminated the word “immunity” from its definitions of “Vaccine” and “Vaccination.” The CDC did so because it recognizes that the COVID Vaccines do not produce immunity to COVID-19.
xiii. This is a critical factual and legal distinction. Legal authority to mandate medical treatment only derives under public health regulations. As the CDC holds that Delta is the only strain; that the shots do not stop the transmission of Delta; and that vaccination is mere “protection” against a disease and not “immunity” against the disease; there is no public health basis for mandating vaccination.
xiv. The COVID vaccines cause a significantly higher incidence of injuries, adverse reactions, and deaths than any prior vaccines that have been allowed to remain on the market, and, therefore, pose a significant health risk to recipients, who are, by definition, healthy when they receive the COVID vaccines; and
xv. Since, according to the CDC, the COVID vaccines do not prevent the infection or transmission of COVID, while at the same time, also according to the CDC, they result in a massively anomalous (1000% higher) number of adverse events and deaths, there is no justification in the law for mandating them, and LAUSD’s mandate must therefore be struck down.
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COVID-19 Is Not Smallpox
A. The Statistics Underlying Defendants’ Justification for the Mandate are Flawed
i. The PCR Test is Flawed
37. The Covid Emergency is based upon statistics that are flawed for at least the following reasons:
i. Every statistic regarding COVID is based upon the PCR test, which is a limited test that cannot, on its own, determine whether a test subject is infected with COVID absent an examination by a medical doctor;
ii. The PCR test is highly sensitive, with the result of the test being dependent upon the cycle threshold (“CT”) at which the test is conducted;
iii. National Institute of Allergy and Infectious Diseases, Dr. Anthony Fauci, has stated that a test conducted at a CT of over 35 is useless;9
iv. Studies have confirmed Dr. Fauci’s conclusion, showing that tests conducted using CT values over 35 have yielded up to eighty percent (80%) false positives;10
v. Despite this known sensitivity, the PCR tests were mass distributed in the United States without training, were used by technicians who were not made aware of the underlying flaw in the test,11 and were operated at a CT value in excess of 35 routinely, therefore, delivering results that were, according to Dr. Fauci and a broad consensus of experts in the area, useless;12 and
vi. The PCR test is incapable of distinguishing a live particle of a virus from a dead one, and as a result, even a positive test result does not mean that the test subject is infected or contagious with COVID, analogous to a test that could identify car parts (such as an axle, wheels, engine) but not determine if those car parts were in fact, a working car
ii. The Asymptomatic Spreader is a Myth
38. Due to the numerous flaws in the fundamental test upon which all statistics underlying the COVID Emergency are based, and the high level of resulting false positives, many have incorrectly concluded that asymptomatic people, who in the past would simply have been referred to as “healthy people,” are somehow contagious and are spreading the disease.
39. Policy decisions at the state and federal level rest upon this myth. For example, mandatory masking of healthy people is based upon this myth. Social distancing is based upon this myth as well.
The policy that perfectly healthy, noncontagious people must be vaccinated to interact with and participate in society is based in large degree upon this myth. With regard to flawed statistics, mass PCR testing of the entire population has been based upon this myth.13 There is no reason to test perfectly healthy asymptomatic people absent the belief that asymptomatic people can spread COVID.
40. However, the assumption that people with no symptoms can spread the disease is false.
As Dr. Fauci stated during a September 9, 2020: “[E]ven if there is some asymptomatic transmission, in all the history of respiratory borne viruses of any type, asymptomatic transmission has never been the driver of outbreaks. The driver of outbreaks is always a symptomatic person, even if there is a rare asymptomatic person that might transmit, an epidemic is not driven by asymptomatic carriers.”14
41. Due to the incorrect assumption that asymptomatic people could spread the disease, mass testing has been instituted of the population at large. Due to the numerous flaws in the PCR test stated above, this mass testing has resulted in dramatically inflated case numbers that do not reflect reality and falsely overstate the number of COVID cases.
42. As a result, the data regarding COVID cases being used to shape public policy is highly inflated
iv. The COVID Death Count is Highly Inflated
47. On March 24, 2020, the CDC issued COVID Alert Number 2.15 This Alert substantially changed how the cause of death was to be recorded exclusively for COVID. The modification ensured that in any case where the deceased had a positive PCR test for COVID, then COVID was listed as the cause of death.16
48. Prior to this March 24, 2020, change in procedure, COVID would only have been listed as the cause of death in those cases where COVID was the actual cause of death. If the deceased had a positive PCR test for COVID, but had died of 15 National Vital Statistics System, COVID-19 Alert No. 2 (March 24, 2020), https://www.cdc.gov/nchs/data/nvss/...w-ICD-code-introduced-for-COVID-19-deaths.pdf (last visited October 18, 2021). 16 Id. another cause, then COVID would have been listed as a contributing factor to the death, but not the cause.17
49. The 2003 CDC Medical Examiner’s and Coroner’s Handbook on Death Registration and Fetal Death Reporting states that in the presence of pre-existing conditions, infectious disease is recorded as the contributing factor to death, not the cause.18 This was always the reporting system until the death certificate modification issued by the CDC on March 24, 2020.19
50. This death certificate modification by the CDC was not made for any other disease; only COVID. Accordingly, a double standard was created for the recordation of deaths, skewing the data for all deaths after March 24, 2020, reducing the number of deaths from all other causes, and dramatically increasing the number of deaths attributed to COVID.
51. As a result, the COVID death data used to shape public health policy is significantly inflated.20
C. VAERS Reports Point to Significant Levels of Vaccine Injury.
60. As part of the 1990 Public Readiness and Emergency Preparedness Act, the FDA and CDC created the Vaccine Adverse Event Reporting System (VAERS) to receive reports about suspected adverse events that may be associated with vaccines. VAERS is intended to serve as an early warning system to safety issues.
61. It has been well established even prior to COVID that only 1-10% of adverse events are reported.27 This is known as the “Under-Reporting Factor” (URFs). While many reported adverse events are mild, about 15% of total adverse events are found to be serious adverse events.28
62. As one can see from this chart, VAERS reports regarding the COVID vaccines are extraordinarily high.
D. COVID Vaccines Create Immunological Cripples, Vaccine Addicts, Super-Spreaders, and a Higher Chance of Death and Severe Hospitalization
63. The COVID vaccines are not traditional vaccines.29 Instead most carry coded instructions that cause cells to reproduce one portion of the SARS-CoV-2 virus, the spike protein. The vaccines thus induce the body to create spike proteins. A person only creates antibodies against this one limited portion (the spike protein) of the virus. This has several downstream deleterious effects.
64. First, these vaccines “mis-train” the immune system to recognize only a small part of the virus (the spike protein). Variants that differ, even slightly, in this protein, such as the Delta variant, are able to escape the narrow spectrum of antibodies created by the vaccines.
65. Second, the vaccines create “vaccine addicts,” meaning persons become dependent upon regular booster shots, because they have been “vaccinated” only against a tiny portion of a mutating virus. The Australian Health Minister Dr. Kerry Chant has stated that COVID will be with us forever and people will “have to get used to” taking endless vaccines. “This will be a regular cycle of vaccination and revaccination.”30
66. Third, the vaccines do not prevent infection in the nose and upper airways, and vaccinated individuals have been shown to have much higher viral loads in these regions. This leads to the vaccinated becoming “super-spreaders” as they are carrying extremely high viral loads. 31
67. In addition, the vaccinated become more clinically ill than the unvaccinated. Scotland reported that the infection fatality rate in the vaccinated is 3.3 times the unvaccinated and the risk of death if hospitalized is 2.15 times the unvaccinated.32
Vaccine Addicts explains the mental illness perfectly 
