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Health Freedom Defense Fund Wins Appeal to Sue LA Unified School District for Mandatory Covid Vaccination Policy

Winner-illustration1Health Freedom Defense Fund (HFDF), California Educators for Medical Freedom, and individual plaintiffs have won their appeal in the Ninth Circuit on  LAUSD’s Employee Covid Vaccination Mandate.

Health Freedom Defense Fund et. al, led by the exceptional legal team of John Howard and Scott Street at JW Howard Attorneys, have won a significant victory in the Ninth Circuit, which reversed dismissal of their lawsuit challenging the Los Angeles Unified School District’s (“LAUSD”) mandatory vaccination policy for all employees.

Reversing the decision of the Central District of California in Los Angeles, the Ninth Circuit majority held that, first, the case was not mooted by LAUSD’s rescission of the mandate after oral argument last September, 2023. The majority called out LAUSD’s gamesmanship for what it was – a bald-faced attempt at avoiding an adverse ruling by trying to create an issue of mootness.

Unfortunately for LAUSD, they had already done this once in the trial court. Applying the voluntary cessation doctrine, the majority doubted LAUSD’s sincerity in rescinding the mandate immediately after an unfavorable oral argument in September of last year.

On the merits, the majority ruled that the district court had misapplied the Supreme Court’s 1905 decision in Jacobson v. Massachusetts when it dismissed LAUSD’s lawsuit on grounds that the mandate was rationally related to a legitimate state interest. In Jacobson, the Supreme Court upheld the constitutionality of a smallpox vaccination mandate because it related to “preventing the spread” of smallpox.

The majority, however, noted that HFDF had alleged in the lawsuit that the COVID jabs are not “traditional” vaccines because they do not prevent the spread of COVID-19 but only purport to mitigate COVID symptoms in the recipient. This, HFDF had alleged in its complaint, makes the COVID jab a medical treatment, not a vaccine.

The court recognized that mitigating symptoms rather than preventing the spread of disease “distinguishes Jacobson, thus presenting a different government interest.” Based on this reasoning, the majority disapproved the trial court’s contention that, even if the jabs do not prevent the spread, “Jacobson still dictates that the vaccine mandate is subject to, and survives, the rational basis test.”

The court held that “[t]his misapplies Jacobson,” which “did not involve a claim in which the compelled vaccine was ‘designed to reduce symptoms in the infected vaccine recipient rather than to prevent transmission and infection.”’ Jacobson does not, the majority concluded, extend to “forced medical treatment” for the benefit of the recipient.

The court declined to give any deference to pronouncements by the CDC that the “COVID-19 vaccines are safe and effective.” As the court asked rhetorically, “safe and effective” for what? The majority pointed to HFDF’s allegation that CDC had changed the definition of “vaccine” in September 2021, striking the word “immunity” from that definition. The court also noted HFDF’s citations to CDC statements that the vaccines do not prevent transmission, and that natural immunity is superior to the vaccines.

In a separate concurrence, Judge Collins wrote that the district court “further erred by failing to realize that [HFDF’s] allegations directly implicate a distinct and more recent line of Supreme Court authority” for the proposition that “a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment[.]” Citing the Supreme Court’s decision in Washington v. Glucksberg, Judge Collins noted that the right to refuse unwanted medical treatment is “entirely consistent with this Nation’s history and constitutional traditions,” and that HFDF’s allegations in this case “are sufficient to invoke that fundamental right.”

HFDF president, Leslie Manookian stated,

“The Ninth Circuit ruling today demonstrates that the court saw through LAUSD’s monkey business, and in so doing, it made clear that American’s cherished rights to self determination, including the sacred right of bodily autonomy in matters of health, are not negotiable. This is a great  triumph for the truth, decency, and what is right.”

Yours in education and choice,

Leslie Manookian
Health Freedom Defense Fund

Speaking of VACCINE MANDATES....  Get to know The Real Anthony Fauci in this #1 best seller from Skyhorse Publishing.

The real anthony fauciReal Anthony Fauci: Bill Gates, Big Pharma, and the Global War on Democracy and Public Health

Anthony Fauci seems to have not considered that his unprecedented quarantine of the healthy would kill far more people than COVID, obliterate the global economy, plunge millions into poverty and bankruptcy, and grievously wound constitutional democracy globally.




Thanks for posting this Benedetta.


I hope and pray that we slowly, but surely inch our way out of this mess through the courts.
We have seen some pretty ugly things happens through the courts, especially these last few years.

I just finished reading a piece written by Midwestern Doctor. Are most of you aware of his writings? Pretty good.

In it he mentions Peter Navarro.
He was able to get 63 million does of Hydroxychloroquine for the American people after the factory in Virginia was shut down.

Anyways let me just quote this from the Midwestern doctor's article

" A confrontation Peter Navarro (Trump’s economic advisor) had with Fauci about HCQ in the White House helps to illustrate this dynamic:

I knew that Fauci would play the “there’s only anecdotal evidence” card and wanted to be ready to prove that that assertion was false.

When it was Fauci’s turn, right on cue, he immediately played his “there’s only anecdotal evidence” card. Just as immediately, I stood up from my backbench chair just behind Vice President Pence and walked straight toward Fauci.

Tony, these are not anecdotes. That’s more than fifty scientific studies in support of hydroxy. Fifty! So stop spouting your crap about there only being anecdotal evidence because not only is it counterfactual. You are going to kill people just like you did during the AIDS crisis when you refused to approve medicines that everybody but you knew worked."

Peter Navarro. is in prison right now. For what? I am not sure. For how long? I think five years.


once the Vaccine Injury Act was passed, mandates should be out of the question, as it denies the right to sue. therefore mandates would deny constitutional rights after the Act passed.
Legislators substitution of Government adjudication for constitutional rights to sue cannot be demanded and still satisfy constitutional obligations, as it requires an individual to give up their Seventh Amendment rights, a severe spiritual, physical, and constitutional violation.


Good news!

I have posted many times here in the past on how important the LEGAL definition of "vaccine" is. Pharma also understood this and changed it to fit mRNA platform shots that could not prevent transmission. This change inadvertently set them at odds with the archaic Jacobson law wording that ONLY refers to the original Jenner cowpox "vaccine." Because of this I have proposed that the archaic law be stricken from the books. Constitutionally, no medical product can be forced on an individual. No vaccine has ever been 100% safe and effective at stopping spread of disease. It is up to each individual to determine the level of risk they decide to take.

mauine Meleck

Thank you Leslie for your tireless work for so many years, You are so appreicated.
Maurine Meleck


This is wonderful news.
The whole justice, our rules and laws are under horrible attack as well.
So much corruption has filtered into the courts, plus there is or has been such a blindness to dangers of vaccines by the public that also shows up in our courts.

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