Super Breaking News on the UC Flu Mandate: Hearing Continued until November 4th and the UC is barred from taking any action against any employee or student for not getting the shot until the Hearing Date!

Super Breaking News on the UC Flu Mandate: Hearing Continued until November 4th and the UC is barred from taking any action against any employee or student for not getting the shot until the Hearing Date!

Because of all the paperwork flying back and forth, the Hayward Superior Court judge has rescheduled the hearing to November 4, 2020, at 1:30 PM

You might recall from a previous post that the case was previously set for November 12th. We filed a so-called “ex parte application” to move the hearing back to October (it had originally been set to be heard on October 14th by another judge). The UC attorneys objected to the reset request in large part because the UC was not going to take any action against any student or employee until the injunction hearing took place. Nonetheless, the judge reset the motion for tomorrow, October 22nd.

This is a very big deal of a case and there has been much paper flying back and forth, including many back and forths this week. Even today, the UC filed papers objecting to papers I filed on Monday which contained an email from a high UC Davis employee incorrectly telling staff that the flu mandate applied to remote workers.

The judge is obviously taking this motion very seriously, and that is a very good thing. He wanted more time to consider all the papers and write an opinion that will have enormous implications. Judge Seabolt gets to be the first judge in the country to weigh in on whether the state can mandate a vaccine during a pandemic where the vaccine doesn’t treat the pandemic disease and where there is reason to believe that the flu shot could actually increase COVID cases, hospitalizations and deaths. That’s alot to think about. It seems like he’s trying to get it right, and that is certainly extremely encouraging, since in my view, the more anyone reasonable thinks about it, the worse the mandate looks because of the lack of proper procedure in its issuance, and the lack of proof that the vaccine won’t cause much more harm than good. So I am all for the judge taking all the time he needs on this.

That all being said, since the UC attorneys had already represented that the UC would not take any action against anyone for not getting the shot until the hearing (then scheduled for Nov. 12th), the judge ordered the UC to honor its representation to the Court until the hearing on November 4th.

Here is the judge’s ruling,

“This Tentative Ruling is made by Judge Richard Seabolt Plaintiffs’ Motion for Preliminary Injunction is CONTINUED to 1:30 p.m. on November 4, 2020. The court requires additional time to review this matter.

The parties shall send courtesy copies of their papers directly to Department 521 via overnight mail no later than October 22, 2020. The parties shall comply with the form and format requirements of rule 3.1110 of the California Rules of Court.

UC shall not take adverse action against any employee or student who comes to campus who has not had a flu shot between now and when this court hears this matter. (See UC’s October 8, 2020 Opposition to Application to Reset Hearing Date in which UC committed not to do so.)”

(emphasis added).

 

THE BOTTOM LINE:

THE UC FLU MANDATE EXECUTIVE ORDERS REQUIRING COMPLIANCE BY NOVEMBER 1, 2020 IS NO LONGER IN EFFECT BY ORDER OF SUPERIOR COURT JUDGE RICHARD SEABOLT!  You now have sometime after November 4th to comply, assuming the judge denies the motion, or you won’t have to comply at all, if the judge grants the motion.

I assume that the UC will stop forthwith publicizing the November 1st deadline which has been stayed by the Court’s order.

Let’s give them a day to think about it, but if the UC keeps pressuring people to get the shot by November 1st, on pain of not being allowed on campus, shoot me an email and attach the communications because there might be consequences if the UC administration does not follow the Court’s clear directive.

Today was a good day. We didn’t lose, the deadline is now officially put off (albeit for only a few days) and the judge is giving the case a good hard think, and in this business, that’s about all you can ask for.

Rick Jaffe, Esq.

 

 

18 thoughts on “Super Breaking News on the UC Flu Mandate: Hearing Continued until November 4th and the UC is barred from taking any action against any employee or student for not getting the shot until the Hearing Date!

    1. This is fantastic News!! Thank you for fighting for our right to choice, religious freedom and simple the vaccine is no good and can cause more harm.

  1. Thank you all who are working on this case 🙂 It’s so important for us. I’m going to check a few UC sites to see if they are informing people. But there are so many groups within the UC umbrella that are probably not up to speed and will give out the wrong information.

  2. I know someone who has had the flu vaccine and became sick immediately after. Your work is very important to my well-being and I will pray to the Lord many times that your work will result in the judge granting the motion. May the Lord bless you, good sir!

  3. Hello,
    UCD is sending out email communications again today saying that in order to access any building starting on 11/1 a flu shot is required. Clearly the message about postponement and Judge Seabolt’s date of 11/4 has not been conveyed to UCD. Please help!

  4. Thank you for helping us.
    My take on this seems to be a bit different from what I see from the Physicians: I don’t care how good the vaccine is or isn’t. I am a human being and I have absolute dominium over my body. It is my body and my choice.
    I printed and emailed the online form, because I cannot answer the radio buttons without relinquishing my right to medical privacy.

  5. Thank you for defending our rights for our civil liberties. This afternoon this is the email the staff has received from UC Irvine. What should we do?

    UCI Health Leadership Update
    Leadership Update – Oct. 28, 2020

    Dear colleagues,
    The deadline to receive your flu shot is this Saturday. To ensure you have an opportunity to comply with the UC policy and continue to provide a safe environment for our patients and each other, all clinical and non-clinical personnel who have any presence at UCI Medical Center or one of our ambulatory clinics, are required to receive a vaccination by Oct. 31.

    October is the recommended month to receive a flu vaccination. This timing enables your body to create antibodies by the end of November, which is often when flu cases begin to rise and will ensure that you are protected the entire flu season.

    You may visit the influenza vaccination tent near the northwest entrance of Douglas Hospital along Tower Road, 7:30 a.m. to noon, Monday through Friday. Co-workers may also visit the UCI Heath Occupational Health clinic in Pav. 3 from noon to 4:30 p.m., Monday through Friday.

    Remember, declination or masking will NOT be accepted as a form of participation or compliance with the policy unless you have an approved medical exemption or approved accommodation request. Please note, these requests require an approval process prior to the Oct. 31 deadline.

    Please see Occupational Health Portal for details about your department’s compliance, here: https://apps.health.uci.edu/OccupationalHealthMgt/portal

    Total Staff Total Participated % Participated
    UCIMC 5481 4644 85
    UCI Health Ancillary 4300 2880 67
    Total 9781 7524 77

    If you receive your flu shot at an outside facility, you must provide documentation to healthdoc@hs.uci.edu. Please note, this is the only email address you should use to send proof of vaccination from an offsite location.

    No one wants to experience both COVID and flu – protect yourself and get your shot today!

  6. This was never about anyone’s health; rather about systematic global control over every individual on this planet. Psychopaths seek control and infiltrate every institution in search of it. Read Political Ponerology where the author explains how psychopathy infects political systems and ultimately infiltrates all of them. Do you think the court systems are free of this infiltration? Kennedy warned us about this subversion in his speech on secret societies on April 27, 1961; and the American People did nothing. The Civil Rights movement supplanted our Sovereign Rights which are inalienable and gifted from on high. Understand who you all really are, the court system won’t save you my friends, it’s just another empty shell loaded with a “den of vipers!”

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