The University of California Flu Mandate: What ‘s Coming and a Call To Action

The University of California Flu Mandate: What ‘s Coming and a Call To Action

As you all know, on July 31st the UC Office of the President issued an executive order mandating that all students, faculty and employees get a flu vaccine in order to lessen the chances of being infected with COVID-19 or lessening the symptoms if you get it, or reducing the chance of death, or maybe if you die, increasing your chances you’ll go up and not down.

If you haven’t seen the Executive Order, here it is:

My view is that right now, there is about the same level of evidence for all four possibilities, though admittedly, many public health officials are advocating for the flu vaccine because of a hoped-for but as yet unproven benefit, which no doubt is driving the vaccine concerned and many others crazy.

But you know what? I actually think it’s a good thing. For years I’ve been saying that it is easy for the majority of the adult public to be in favor of mandatory vaccines because they are not the ones being forced to take them. But this is different and I think there is a different public reaction brewing because, for the first time in over a hundred years, there is a statewide mandate for beyond public school (meaning k-12) students, AND TEACHERS AND STAFF.

I think that there are probably hundreds if not thousands of UC staff who don’t like the mandate and will not comply. And FYI: in California, it is very difficult to terminate an employee, and even harder to terminate tenured staff. I suspect there is going to a spate of non-compliance if the mandate is allowed to go into effect on November 1, 2020. There will be chaos and widespread non-complianace, as there should be.

But will it go into effect?

Anyone who follows these posts knows that I am very conservative when it comes to lawsuits in the vaccine area. I generally don’t believe in them, or at least the broad constitutional or religious challenges to vaccine mandates. I was against all the SB 277 lawsuits and predicted they would all fail miserably and they did. I also said SB 276 wouldn’t be challenged because there was nothing to challenge, and so far it hasn’t been challenged (so far as I know). But this is different for many reasons, and I think the reaction from the public will be different too.

Here are my two predictions:

1. There will be lawsuits challenging it, and I will be filing one of them on behalf of students, faculty, and/or staff.

2. The Executive Order in its current form will not go into effect on November 1, 2020. It will be rescinded, modified or rejected by the courts. Why? There are just too many affected university students, professors and staff who will rise up against this order for the UC administration and the courts to ignore their concerns about the danger to them from this order. As suggested, I and other attorneys around the state (and around the country) are gearing up for this fight, but there will also be other non-lawsuit public actions/protests against the order, I predict.

If you are part of the UC community and have a medical reason why you don’t want to take the flu vaccine and want to be involved in the case, shoot me an email.

You can expect me to have more to say about this issue and the lawsuits. Stay Tuned!

Rick Jaffe, Esq.

14 thoughts on “The University of California Flu Mandate: What ‘s Coming and a Call To Action

  1. Can you help me understand why the liability issue is not the primary legal ground to fight coercive mandates and win?

    Thank you.

  2. I would like to post this blogpost on the parent forum of my daughter’s UC. Would that be okay? Posts from students and parents against this mandate are coming under fire with biting and nasty comments, yet I think it a good way to direct people to this cause.
    Also, how can we find out about other opened lawsuits, please? Thank you.

  3. Seems like most of them don’t know what the hell is going on, they just carry out the plan. Even Bill Gates says,’I just sign the cheques, the experts do the rest’. Factcheckers on fb are labeling Bill Gates with false information labels, pleasant turn of events.


    From this new faculty FAQ revision I understand that faculty are allowed to decline the flu shot but still work remotely and even as needed will have accomodation to enter campus. Students ( who are learning 100% for fall and probably winter too) are not at all allowed to decline the shot , asides from obtaining an impossible to obtain medical exemption.
    I have contacted ASH and they are not responding correctly ..
    So can someone please help me?
    1. What if a student will be out of the country since it is online study anyways? Not every country has the same flu season/ shot?
    2. What if the child skips winter registration? .. can they resume spring and summer of 2021 . I mean flu season ends in march. Or will they continue registration holds..? If so is not this a bit too harsh compared to Faculty’s consequences for declining?
    3. Lastly 2 months is not enough time for students to obtain all their medical records and see the proper specialists to obtain the exemption. ( For a child that is other wise fully immunized including some of the recommended ones as well). They may have just had a very bad reaction/ hospitalization many years ago.. now they have to find records and find the proper doctor for evaluation. After all the Contract to enroll stated that by Feb of each year the requirements are updated. We signed a contract based on that. It did not say yearly flu shots. ( I get it is a Covid emergency.. but the rule can not JUST apply to UC students)

  5. I am glad I found this post, as I feel very strongly against this mandate for my daughter who will start UC Irvine this Fall. I read the Children’s Health Defense has filed a lawsuit.

    My main issue is, if there is remote learning, vaccines should not be mandatory. It is very possible that there will be remote learning for the full year.

    Also, it is strongly believed that the reason Northern Italy was so severely affected by Covid is because there was a mandatory vaccination for Meningitis for the Lombary region in January 2019. Thousands were vaccinated.

    Meningitis is another vaccine required for College, again, it should not be mandatory if there is remote learning.

    Any advice on what groups to join on this would be welcomed.

  6. Stick to law. Your statement, “many public health officials are advocating for the flu vaccine because of a hopeful for but unproven benefit,” is baseless and dangerous. Even a simple google scholar search reveals thousands of peer reviewed articles on the efficacy of the influenza vaccine. Shame on you.

    1. Well, that same “simple google scholar search reveals thousands of peer reviewed articles” on dangers of the influenza vaccine. So, broaden your search a bit, Spencer.

      Further, this is about CHOICE, not the efficacy of vaccines. Feel free to vaccinate as you see fit, but no one should be mandated to have shots they don’t want. Our bodies are sovereign and not the property of the government.

  7. Of course your blog is moderated, you only approve the flowery complements and agreements. You censor scientists, medical doctors and scientifically literate people to push your agenda and your suit. Some lawyer you are.

  8. I would like to be part of any lawsuit against the UC system. Im a nurse and my manager sent out an email saying that only certain people will be giving the flu shot because they had some arm injuries last year

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