‘No Surprise’ that San Diego School District Votes To Appeal Court Ruling Halting Student Vaccination Mandate

The San Diego United  School district (SDUSD) Board voted unanimously this week to appeal a Superior Court ruling handed down on Monday that halted the districts vaccination mandate.

On Monday, San Diego Superior Court Judge John Meyer ruled that the San Diego schools vaccination mandate, which stated that all students and faculty must be vaccinated by this week, was stopped.

In his ruling, Judge Meyer sided with the parent groups, noting that mandates without exemptions can only be ordered by the state legislature. Judge Meyer also said that the COVID-19 vaccine would not be added to the list of needed vaccinations without exemption due to the state also being the only one who could order such a thing.

While Let Them Breathe, the parents group who sued the district, praised the ruling, the school district reacted negatively towards the decision.

“The San Diego Unified School District is disappointed that Superior Court Judge John S. Meyer concluded only the state can act regarding vaccinations, even though the law specifically allows and encourages local vaccination programs,” said the district on Monday. “Even Judge Meyer acknowledged in his ruling that the vaccine mandate appears to be necessary and rational, and the district’s desire to protect its students from COVID-19 is commendable.”

SDUSD, who had planned to move all unvaccinated students who were not excused with exemptions to attend school via remote independent study when the second semester begins January 24th, quickly decided to appeal the ruling. With plans already in place, and support from many parents and teachers, the board decided to fight the ruling in the Appellate court on the basis of protecting the health and safety of students.

“As our country and our community enters a new and dangerous stage of the COVID-19 pandemic, the Board of Education met this afternoon and agreed to file an appeal in order to keep our vaccine mandate for students ages 16 and up in place,” noted the SDUSD board on earlier this week. “Vaccines remain the best way to protect the health and safety of our students, and we are 100-percent determined to maintain the vaccination mandate. The vote today by the Board was unanimous.”

“Additionally, the vaccine mandate for all school staff remains in place and has not been challenged in court, so all employees are reminded to get vaccinated and boosted if they are eligible. The Board of Education and Interim Superintendent Dr. Lamont Jackson also urged all eligible parents and students to take advantage of the fact that safe and effective vaccines are now available for everyone above the age of 5.”

A new fight over the SDUSD vaccination mandate

Parents groups and others against the mandate, such as Let Them Choose, noted disappointment but no surprise with the board’s decision on Tuesday, adding that the ruling still clearly violated state law and student’s rights.

“I’m not surprised. I am disappointed,” said Let Them Choose Founder Sharon McKeeman on Wednesday. “San Diego Unified has seemed very set on going forward with this mandate even when it violates students’ rights and state law.”

“Let Them Choose is confident that we will prevail in an appellate court and we look forward to setting binding statewide precedent that protects students’ rights to in-person education. Judge Meyers ruled in our favor on the clear legal issues that school districts do not have authority to mandate a patchwork of vaccines or contradict state law by rejecting personal belief exemptions and we do not expect the appellate court to come to a different conclusion. In the meantime there is a ruling in place against the SDUSD vaccine mandate and they cannot enforce it.”

“And I look forward to setting binding precedent statewide. If we prevail in a appellate court that would be even more binding.”

“The San Diego schools call on appealing was not surprising in the least,” added lawyer Dean White, a Washington-based lawyer who has been a part of several cases surrounding COVID-19 mandates, to the Globe on Thursday. “The San Diego schools feel strongly about this, much like many other districts across the US, especially in California. San Diego doesn’t want to be known as the school district that couldn’t do this over a technicality.

“The parents will fight tooth and nail, and the schools will fight tooth and nail, so it should be interesting what happens.”

The appellate court is expected to review the case soon.