Judge mulls county’s challenge to portions of anti-vax order suit

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A judge heard arguments Wednesday on a motion by Los Angeles County to dismiss portions of a lawsuit filed by two Beverly Hills firefighters and a nonprofit group challenging the county’s health-care worker COVID-19 vaccination mandate, but she did not immediately rule.

Los Angeles Superior Court Judge Barbara M. Scheper took under submission the case brought Dec. 10 by Beverly Hills firefighters Josh Sattley and Ettore Berardinelli Jr. and the organization Protection for the Educational Rights of Kids. PERK’s website states it is a grassroots organization dedicated to empowering parents, educators and parents to take an active role in education-centered legislation.

The county brought a motion on April 26 asking a judge to toss three of the suit’s 12 causes of action, which deal with the plaintiffs’ claims that the county did not have the legal authority to impose the vaccine mandate and that the plaintiffs’ privacy and due process rights are being violated. The unchallenged causes of action include disability and religious discrimination, retaliation and civil rights violations.

In August, Muntu Davis, the county’s health officer, issued an order requiring all health-care workers in Los Angeles County get a COVID-19 vaccine, including firefighters. The suit alleges Davis’ actions were arbitrary and capricious because he failed to consider evidence of the coronavirus shots’ effectiveness and necessity as well as the costs of the mandate, including short- and long-term side effects that have allegedly been linked to them.

“These actions are blatantly unlawful,” the suit alleges. “Muntu Davis does not have the authority to order thousands of workers to get a medical treatment. The city does not have that power either.”

While some employers have recognized requests for religious and medical exemptions, the city of Beverly Hills wants universal vaccination, according to the suit.

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“It subjected firefighters who requested a religious exemption, like Mr. Sattley and Mr. Berardinelli, to cross-examination designed to undermine their credibility and to pressure them, under threat of prosecution, to give up their religious freedom and get the shot,” the suit states.

Sattley objected to the vaccine mandate and has been on unpaid leave for months, the suit states. Berardinelli received a religious exemption, but has been under constant review by the city and subjected to retaliation, the suit alleges.

While extending his religious exemption earlier this fall, the city assigned Berardinelli, who recovered from a COVID-19 infection and believes he has natural immunity, to a different job that receives far fewer calls, according to the suit.

“Questioning the sincerity of one’s religious beliefs to deny a request for an exemption to the mandate constitutes religious discrimination and violates federal and state civil rights laws,” the suit states. “It also violates the mandate itself.”

Moreover, the city and county “should not be in the business of cross- examining people about their religious beliefs,” the suit states.

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Dawn Lacey
Dawn Lacey
1 year ago

https://www.google.com/amp/s/deadline.com/2022/05/gavin-newsom-positive-covid-1235035122/amp/

Just 10 days after his SECOND booster. Lol 😂

Trust the science (and big pharma!!)

dawn lacey
dawn lacey
2 years ago

‘My body, my choice’ unless you’ve been indoctrinated by the covid Nazis. Every person should assess their own risk and make the decision for themselves. If you believe in the vaccine so much, why are you so scared of the unvaccinated?

I believe EVERY woman should have EVERY RIGHT to decide what she puts in her body and what she wants to do regarding reproduction. The two are very closely related. You can’t say I have no right to my body choice on one issue, but then say I have total autonomy on killing an unborn fetus.

Joshua88
Joshua88
2 years ago
Reply to  dawn lacey

Pregnancy is not contagious. The right to an abortion or not will not affect the health and well-being of the public, should you transmit the condition.

Weho Resident
Weho Resident
2 years ago
Reply to  dawn lacey

Wow. I can’t catch your pregnancy or your abortion, but I can catch your Covid. Other people can’t die because of your pregnancy, but they can die if you give them Covid. That’s why you should be vaccinated.Please don’t compare abortion rights to anti-vaxx sentiments.

Dawn Lacey
Dawn Lacey
2 years ago
Reply to  Weho Resident

“You’re not going to get COVID if you have these vaccinations.” – Joe Biden

Trust the science!

West
West
2 years ago
Reply to  Weho Resident

Attendees at the World Economic Forum meeting must be triple-vaccinated, but in a panel session in front of the elite leaders gathered in Davos, Switzerland this week:

“[COVID-19 vaccines] “don’t have much in the way of duration and they’re not good at infection blocking… The idea of checking if people are vaccinated – you know if you have breakthrough infections – what’s the point?” -Bill Gates

West
West
2 years ago

Some of us have been ringing the alarm to Weho City’s legal liability for enforcing medical segregation and mandates since the beginning.

PERK is a great organization. Learn more about the CA legislative priorities affecting us all at https://www.perk-group.com/

greeneyedguy
greeneyedguy
2 years ago
Reply to  West

Yes we know you’ve shaped your whole identity around this. You jumped ship from the “Cop Watch Weho” movement once you found this would bring your more notoriety

West
West
2 years ago
Reply to  greeneyedguy

I assume we don’t know each other, anon, so I’m happy to share: I’ve been a leader in the grassroots police accountability movement for nearly 15 years. I also believe in bodily autonomy as it relates to vaccine choice and reproductive healthcare.

Those of us with nuanced political positions would seem incomprehensible to those without serious principles.

Last edited 2 years ago by West Seegmiller
greeneyedguy
greeneyedguy
2 years ago
Reply to  West

I would believe you if you posted anything about this “grassroots police accountability movement” you claim to still be a part of.

West
West
2 years ago
Reply to  greeneyedguy

You might hide behind anonymity but I’ve chosen to use my real identity on this site— I assume someone who regularly engages in targeted harassment campaigns of private citizens would know how to do a five minute scan of my Facebook.

Feel free to let me know when you’re interested in an intellectually honest dialogue.

Last edited 2 years ago by West Seegmiller
greeneyedguy
greeneyedguy
2 years ago
Reply to  West

I assume someone who regularly engages in targeted harassment campaigns of private citizens”

Excuse me? When have I harassed you? I am a private citizen as well and I don’t use Facebook.

West
West
1 year ago
Reply to  greeneyedguy

I do see you getting better at avoiding ad hominem on these pages, if imperfectly, as we all are.

Last edited 1 year ago by West Seegmiller
Dawn Lacey
Dawn Lacey
2 years ago
Reply to  greeneyedguy

Oh no!!! Gavin has Covid!!! He must’ve missed his ninth booster!!! Shame on him.

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