Parent rally at State Capitol Jan 3, 2022. (Photo: Katy Grimes for California Globe)
BIG Parent Rally at CA Capitol Protesting Gov. Newsom’s Ongoing COVID School Mandates
Attorney says the ‘mandates’ are really not mandates, because they are non-binding
By Katy Grimes, January 4, 2022 2:20 am
Parents from across California showed up at the State Capitol Monday to once again push back against Gov. Gavin Newsom’s COVID-19 vaccine and mask mandate for students. As with the last parent rally in November, moms, dads, children, grandparents, teachers, and concerned citizens, showed up en masse at the Capitol armed with homemade signs to protest public schools and teachers unions, which pushed to keep schools closed, forced kids into distance learning, and wearing masks all day, and now Gov. Newsom’s mandatory vaccine for children ages 5 to 11, and 12 and older.
Organizers “Our Children, Our Choice” Tess Van Dusen and Amber Faddis stressed they were at the Capitol to ask the Gov. Newsom and the Legislature to rescind the mandates and end the state of emergency, and return local control to school boards.
At the root of the rally is “medical freedom” for these parents, most who say they aren’t necessarily opposed to vaccines, but opposed to vaccine mandates. The Globe spoke with parents whose children are otherwise fully vaccinated, but say Gov. Gavin Newsom’s COVID vaccine mandate is unconstitutional and a violation of their medical freedoms.
This legal issue was addressed at the rally. Attorney Tracy Henderson spoke directly to parents and told them that school boards, schools and parents have been misled. She said state attorneys for the California Department of Public Health, the agency issuing the COVID mandates, did not follow proper legal procedure via the Administrative Procedures Act, so the “mandates” are really not mandates, because they are non-binding. As the Globe has repeatedly noted, the CDPH is issuing “guidances;” it’s the school districts calling them “mandates.”
This is spelled out in the San Diego lawsuit, Let Them Breathe et al v. Gavin Newsom, Dr. Tomas Aragon, State Public Health Officer; Dr. Mark Ghaly, Secretary of the Department of Health and Human Services, Dr. Naomi Bardach, Successful Schools Team Lead and Safe Schools for All Team, Lead for the Department of Health and Human Services of the State of California.
The lawsuit, filed in July, alleged that Gov. Newsom and his Public Health officials never bothered with the Administrative Procedures Act, according to Attorney Henderson. The APA establishes rulemaking procedures and standards for state agencies in California, as explained in this Globe article.
The lawsuit goes into extensive detail about the myriad harmful effects of mask mandates, quarantining, and lockdowns on children, while not being allowed a reasonable alternative to in-person instruction.
The lawsuit then explains violations of the Administrative Procedure Act:
The Administrative Procedure Act (“APA”) provides: “No state agency shall
issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual,
instruction, order, standard of general application, or other rule, which is a regulation as defined
in Section 11342.600, unless the guideline, criterion, bulletin, manual, instruction, order,
standard of general application, or other rule has been adopted as a regulation and filed with the
Secretary of State pursuant to [the APA].” (Gov. Code, § 11340.5, subd. (a).)
Compliance with the APA, which requires among other things public notice and
comment for proposed regulations, is not a mere technicality. The procedures required by the
APA ensure that regulations are clear and understandable to the public, are based on accurate
data and sound scientific principles, and are consistent with the law.
Attorney Henderson said San Diego got it right on the vaccine issue.
In one of the lawsuits, San Diego Superior Court Cynthia Freeland identified the CDPH “recommendations” versus “mandates.” Judge Freeland wrote in response in her order (below): “Defendants posit that it is not possible for recommendations, which school districts remain free to implement or not, to cause concrete injury to Plaintiffs that can be attributed to Defendants.”
She also said, “Of more significance, the remainder of the quote attributed to Dr. Aragon renders Plaintiffs’ current “de facto mandate” argument simply untenable.”
And, “Finally, Plaintiffs cite no legal authority for the proposition that governmental recommendations become mandates because of the actions of third parties such as insurance companies insuring schools.”
Even more damning was this footnote: “When the issue of recommendation versus mandate was addressed at the hearing, Plaintiffs requested that, to the extent that the Defendants are conceding that the testing strategies and the quarantine protocols are recommendations, the Court issue an order clarifying that the testing strategies and quarantine protocols were recommendations that school districts were free to disregard. In response to the Court’s effort to confirm Defendants’ position, Defendants’ counsel reiterated the Defendants’ position that the testing strategies and quarantine protocols are recommendations only. This, coupled with the plain language of the Guidance, further resolves the issue for the Court that the testing strategies and the quarantine protocols are recommendations, not mandates.”
The CDPH conceded (on page 4) that the guidance is non-binding. They know it is non-binding and they are misleading and strong arming everyone into thinking otherwise.
There will be more lawsuits coming in the very near future.
Will Witt with Prager U wooed the parent audience when he opened his talk with, “I wish Gavin Newsom would come out because I’d give him a copy of the Constitution. I don’t think he has ever seen one before.”
Pastor Greg Fairrington from Destiny Church in Rocklin, California, has spoken at most of the parent rallies, and encourages parents to band together to fight the mandates. “Stand firm and let nothing move you,” Pastor Fairrington said. He told parents to call on every school board, every city council, county board of supervisors, every elected official, to stand up and speak out, and send a message: “These are our children, and this is our choice.”
He added, “Tuesday November 8, 2022 we are going to elect a new governor to our state.”
Matthew Oliver, owner of House of Oliver wine lounge & restaurant in Roseville, CA. Oliver, Senior Pastor at The Family Church, and father of five, has protested the business and school lockdowns since the beginning in March 2020, spoke. Senators Shannon Grove and Brian Jones, and Assemblymen Kevin Kiley and James Gallagher, also spoke. Boomer Bennett, Founder and Student Director at JesusFollowr University, MC’d the rally.
There were many additional speakers at the rally including Chase Coughlin and Celeste Fiehler, who introduced a 17-year old with a heart condition who was forced to leave school, because he can’t wear a mask or get the vaccine. He is on a wait-list for a heart transplant.
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November 14, 2021 -
The radical commissars and elites in control of the Democrat Party should take note of what they have done by attacking the great center – the middle class. In the words of a famous WW2 admiral:
“I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve.”
What these parents fail to understand is that this raging pandemic affects everyone! They need to stop being so selfish and self-centered. Need to be thinking about how their actions affect others.
Okay. So, as a parent, what are YOU afraid of?
@W16521:
According to data from the California Department of Public Health since March 2020:
13 Covid-linked deaths in the younger than 5 years age category
30 Covid-linked deaths in the 5-17 years age category
Source: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/COVID-19-Cases-by-Age-Group.aspx
No one takes you seriously to begin with, so why would you further beclown yourself by saying things like “raging pandemic” and otherwise miss the mark of reality so spectacularly? You have nothing to say. Guess you are just here for comedy.
But I am intrigued that “you can guarantee” a 2/3 win for Gruesome, which coincidentally would mirror the numbers of the first election and the numbers of the Recall that all-too-coincidentally matched it. Do you know something that we don’t know? Please tell us something useful for once and spill what you know about the cheat-to-come.
1 million infections a day! That is a raging pandemic you idiot.
..and you wonder why some readers call you a troll.
When a person resorts to ad hominem attacks, i.e. (idiot) it means they have lost the argument.
@W16521, as the designated leftist attack dog, why don’t Ocasio-Cortes (aka, AOC) groupies like yourself just admit that you are sexually AROUSED when locking horns with conservatives and getting their response to your vacuous comments? The REAL reason being that, despite being verbally and intellectually knocked upside down and sideways on this forum, you keep coming back for MORE and MORE?
OH now that’s rich Fed up girlie girl. You have resorted numerous times to ad hominem attacks on this comment board. Careful now, your hypocrisy is showing.
Guess I hit a nerve, CG.
Sure, “1M infections” was yesterday’s fear porn talking point for the gullible, meant to return them to a hypno-zombie state of blindly following orders and bonus points for creating a “soft” shutdown for the billionth time in 22 months, but of course the latest scare tactic means nothing to sensible people. If asymptomatic people are having to scramble around to get tested for work (and etc) and millions are getting tested with PCR tests known for their false-positive inaccuracy, OF COURSE you’ll have a million positives of people —– who have no symptoms.
That’s the pot calling the kettle black to be SURE!! Too many folks have confidential medical issues that are exacerbated by wearing a mask (which research demonstrates do not work to prevent the virus) and also by the vaccine (which research also shows does not work to prevent the virus). So.who’s selfish? Mask and/or vax if you want to. It’s about choice. YOU’RE AS SELFISH AS ANYONE!
Very well said!
You’re right, the raging pandemic of Teacher Union Leaders, doing everything in their power to not teach children is downright a disaster.
Children are not affected by COVID-19 like older adults (I’m one of those at 50+) and most kids have probably had it already but their symptoms were very mild. I can speak from experience because in my old neighborhood, one kid was sick and so the parents got all of their kids tested (this was in December, 2020 after I had COVID) and all of them came back positive but showed no signs of the disease..??
In Clark County, NV, they went back to in-person schooling due to the number of elementary students committing suicide (one as young as 7 years old).
Which would you prefer, losing a child to suicide (the U.S. Surgeon General is raising the red flag on adolescent mental health issues due to COVID-19) or having them exposed to COVID..?? What about the heart issues showing up in the kids due to the vaccine issues..?? Is that more acceptable..??
As someone who survived COVID (wasn’t pretty), have had my two shots, and have lost loved ones and close acquaintances to COVID, I say let the Parents decide…!!!
What these parents fail to understand is that this raging pandemic affects the unpfaithful! They need to stop being so selfish and unpfaithful. Need to be thinking about how their actions affect Pfizer and Moderna.
Troll. Commie troll.
There is no raging pandemic! Stop living in fear!
Absolutely ridiculous reply. Children are the least capable of carrying or getting the Chinese flu. Do like Florida did and concentrate on the most vulnerable, the oldsters. It is a great harm to keep kids locked up, And by the way, have you had your polio or smallpox booster yet? No, because THOSE vaccines were effective. The Chinese disease has only a flu shot to fight it. That is why one needs endless “booster” shots like the common flu.
That’s the pot calling the kettle black to be SURE!! Too many folks have confidential medical issues that are exacerbated by wearing a mask (which research demonstrates do not work to prevent the virus) and also by the vaccine (which research also shows does not work to prevent the virus). So.who’s selfish? Mask and/or vax if you want to. It’s about choice. YOU’RE AS SELFISH AS ANYONE!
It is abhorrent to me that ADULTS living in fear think it is acceptable to force children to take an experimental mRNA injection to protect them. As recent as 2019, UNICEF took the position no child should be forced to take a vaccine (mmr)to earn an education. “ No child should blamed for not being vaccinated. “
Demanding a child to take an EUA injection and subject them to risk of an adverse event, when they have minimal risk of disease is morally bankrupt.
Protect the children from irreparable harm. Do not deny children to obtain life long immunity from essentially catching a cold at this point.
Well said! 100% percent agree, Cali Girl.
L.A. county would have lost 30k students from the classroom, so they were forced to back off… Their message: Do Not Comply. The State needs to reimburse parents for all the time children have lost in the classroom, and to their social justice experiment. Has anybody physically seen Newsom in the last two weeks? Does he look different?
Good question. Where’s Newsom? Another extremely expensive extended vacation?
“Radical commissars and elites”. Good grief. I hope you never have to live under real oppression.
In October 1917, Lenin issued a decree limiting work for everyone in Russia to eight hours per day.[200] He also issued the Decree on Popular Education that stipulated that the government would guarantee free, secular education for all children in Russia,[200] and a decree establishing a system of state orphanages.[201] To combat mass illiteracy, a literacy campaign was initiated; an estimated 5 million people enrolled in crash courses of basic literacy from 1920 to 1926.[202] Embracing the equality of the sexes, laws were introduced that helped to emancipate women, by giving them economic autonomy from their husbands and removing restrictions on divorce.[203] Zhenotdel, a Bolshevik women’s organisation, was established to further these aims. [204] Under Lenin, Russia became the first country to legalize abortion on demand in the first trimester.[205] Militantly atheist, Lenin and the Communist Party wanted to demolish organised religion.[206] In January 1918, the government decreed the separation of church and state, and prohibited religious instruction in schools.[207]
Then homeschool your kids. Your right to not vaccinate your children should not impinge on my right to stay healthy and safe. Don’t want to vaccinate? Stay home. This pandemic is never going to end because of the folks who refuse to take measures to stop the spread.
Don’t you know when you are being played? The mandates are a smoke screen and these attorneys are proving it. This “pandemic” is never going to end because it is not one. This is all about control, nothing scientific about it. Fear rules your life. All those that support using an experimental vaccine on children as a condition of going to school, while still covering their faces with a suffocating mask, will be judged. Did you not hear what Dr Malone, inventor of the mRNA vaccines said last week??? He said they may permanently damage their organs, reproductive systems, and immune systems. This doesn’t end until we ALL say NO MORE!
Where do you conspiracy theorists come from?
@W16521, Get a hold of yourself (figuratively not literally). You appear to be in such a PITIFUL state of being, as you are not getting many responses. This, however, can be easily explained. As you can see, the conservatives on this forum for the most part, are compassionate people. They don’t want to respond to your comments, feeding your sexual foibles (possible addictions) and prolonging your agony. Have you thought of getting some counseling? Perhaps a few hours on the couch with a psychiatrist or sex therapist or even better, BOTH, would help provide some RELIEF. Anyway, best wishes and have a great life.
Keep on using the same tired line, its getting old, especially when we have so many in the medical field with expertise telling the truth.
Very well said.
Wait, what??
If you are vaxxed, aren’t you protected?
Do you not see the irony of your flawed thinking?
“How Bad is My Batch?” Look up any of the jabs (aka: the de-population shots).
HOW BAD IS MY BATCH DOT COM
Are some batches more toxic than others? Yes.
Batch codes and associated deaths, disabilities and illnesses for Covid 19 Vaccines
I just came across a great write up suggested by Dr. Robert Malone on why healthy children are not in jeopardy of dying or transmitting the SARSCOVI-2.
I especially think parents reading this article would find this helpful.
Be well everyone.
https://covidmythbuster.substack.com/p/any-severe-covid-patient-can-produce?
Thanks so much for posting this valuable article, Cali Girl.
The point in testing all the kids now is to use that faulty data to then try and justify the continued state of emergency. Not enough people have been voluntarily testing and being shown to be infected! So how does Newsom get the numbers up? Test all public school students of course! Then he can get the numbers back to where he needs them to justify the continued state of emergency and continued lock downs and continued tyranny. He is farming the tests out to the kids and working people if California to continue the lockdowns. These numbers are being HARVESTED from kids and working people in order to continue thy tyranny.
W16521 is here to get us off topic or get an emotional response from his ridiculous comments. He is a miserable person living a lonely miserable life where being an internet troll is the only thing that gives him any sense of significance. He really is nothing saying nothing and should be ignored. To bad this isn’t Twitter or Facebook so he could be deleted. Thats where he belongs.