UC Flu Mandate Injunction Motion DENIED

UC Flu Mandate Injunction Motion DENIED

We just finished a two-hour oral argument. At the beginning, the judge said his tentative decision was to deny the motion. Basically, between the CDC’s recommendation that everyone should get the flu shot and all the infectious disease experts the UC had, he was convinced that the UC could constitutionally require the UC community to get the shot. He had obviously thought about this a great deal, but in cases like this, once a judge makes up his mind, there is usually no changing it.

So what should do now if you don’t still don’t want to take the shot? The only thing I can suggest is to file a request for a religious accommdation. In a later post, I’ll detail the fedreal EEOC criteria for obtaining one, but it’s not strictly an organized religious thing. I don’t think federal law permits restricting the time to file a request for a religious exemption. Their are religious inqusition courts staffed by UC HTR personnel in place, Maybe it’s time to increase their work load.

If you are an employee and your request is denied, then your remedy is to file a complaint with the EEOC. I’ll post later the process. There are no filing fees and employees can file their own complaints without an attorney. Each complaint will be investigated and will require UC HR and legal to be involved.  That is Plan B for employees. That remedy is not available to students. The only remedy students would have be be some kind of further lawsuit.

Dissappointing but not entirely surprising giving the pandemic.

Rick Jaffe, Esq.



23 thoughts on “UC Flu Mandate Injunction Motion DENIED

  1. Thank you for all your effort with this. While I’m not shocked this was the outcome, I was really hopeful for something else. I do not and will not consent to a mandated medical intervention.

  2. This is terrible news. I requested an exemption and was denied. I do not adhere to any traditional religion and am sad at the prospect of having to find other employment.

  3. Thank you so much for your calm and forceful representation and the tremendous amount of work behind it!
    Although the judge’s decision was disappointing, he had clearly already made up his mind before the oral arguments. I think you did a really good job clarifying the plaintiffs’ positions and was most impressed by your concluding arguments that pushed-back against the defense’s position. I realize that the burden of proof is really heavy for the plaintiffs since we are said to be within a federally declared state of emergency (when certain constitutional protections or our rights are limited or suspended). My question is: would you /the plaintiffs be able to persuade a similar judge if there were no federally declared health emergency (such as the one promulgated by Trump on the 13th of March)?

  4. This is total BS. I can’t believe they used the WHO and the NYT as a reliable source. Besides that, it seems like the Judge was debating you on behalf of the UC. The UC even had the gall to say further vaccinations to follow. This is really bad, now future cases in CA can do the same.

    UCI removed the religious exemption. I can’t find that link anywhere.

  5. When will the official decision be issued? I heard consideration of personal exemptions but am still unclear if that’s going to be an option. This is truly unfortunate.
    Thanks for the hard work Richard.


  6. I guess it’s unemployment for me. I cannot and will not get a vaccine with the knowledge and experience I have.
    Complete hypocritical idiots!

  7. So disappointed and now concerned about other employers following suit. How is there a religious exemption option for adults but not school-age children? Is there a legal challenge possible on that disparate treatment?

  8. Why did the judge so quickly change his mind in regards to PB exemption. I felt that the judge did not quite see the heaviness of the matter. He felt that it involves very few people
    and that religious accomodations are so easy to get! Did the judge see how complicated that form was to fill out?? And why did neither UC nor the judge answer the question about ” if mask is good enough for Hospital then why not UC?”
    And the measles argument! Really measels vaccine is 98% effective and masks are not effective in stopping the spread of measels! What does that have to do with a 45% effective flu vaccine and a disrase that is very preventable by Mask wearing. Yes measels vaccine is mandated because it works! There is a reason why the flu vaccine is not a state mandate. How could they even compare those two!

  9. His decision isn’t supported by the 1905 Jacobsen decision that said there had to be a major outbreak that posed an imminent threat, and if a person refused, they only had to pay a fine. Flu is almost non-existent right now (which is very odd and suspect), and flu cases are not threatening to fill ERs or ICU’s, taking up space that potential Covid cases might need. So even if he didn’t consider the science of flu vaccine products (being both ineffective and potentially dangerous and increase risk of Covid), he should have considered the current flu situation to see there is no epidemic to deal with.

  10. So disappointing. Could you please share what science they used to support the mandate? What could possibly be stronger than multiple Cochrane meta analysis of dozens of randomized studies?

  11. Dreadful news. Once they can mandate flu, then the COVID vaccine is next. My sister is looking for other employees who are also holding out and not wanting to get the vaccine. She is concerned as she doesn’t want to lose her job but feels very strongly about medical freedom. Is anyone organizing a fight? she is looking to get a medical exemption but they are requiring further documentation. Is this all legal? Help!

    1. UC will have to fire me over this. I will not submit to this stupidity. I’ll sign up to the next lawsuit as this will ruin my career I trained for.

  12. Very disappointed! I want to see the judges flu shot records! Is the judge or UC claiming we are guaranteed to get the flu? I haven’t had flu shot nor am I seeking their opinions regarding getting the flu shot. I have not had the flu and I am not a spring chicken . What happened to my body my choice, where is mine? If patients have rights to die patients have patient rights, where is mine? If patients have freedom to choose their treatment, where is ours? Where is our second opinion? Another thing isn’t the hospital getting a kickback from the bait pharm if they get the hospital at a 100% if everyone gets the flu shot? Why is there chemicals we are told to stay away from but is ok to inject into our body… I am confused, are you? Example mercury and aluminum. In previous years if you didn’t get the flu shot you would fill out a form and wear a mask. Is UC and judge saying the mask never worked in the past? Or social distancing don’t work?They should not have it both ways! If the judge had the flu shot and he feels it works he should be safe to sit next to the person who didn’t! He should not worry about the one who didn’t because they also feel good about their decision!

    Also a certain specialist say vitamin D3 helps with the immune system.

    The fight continues!

  13. Bad bad news here. Next UC will mandate the COVID vaccine when it’s still not ready to be given. A lot of employees livelihoods are at stake for the future because of this. What other actions can we do to move forward with another fight?

  14. Is this the end of the road – are there further legal avenues to explore, or are the odds too stacked against us and the expense of further legal action too high?
    It does not seem that we got a fair hearing or a ruling based on the constitution, but rather a ruling based on the judge’s biases.
    If a UC employee/student/faculty gets injured as a result of the mandate, should the UC be liable for the injury? I know that the vaccine companies are not held liable, but perhaps this is like not holding the gun manufacturer liable but holding those that use the gun (or in this case forced the vaccine) liable?

  15. I read the papers submitted in favor of the injunction that were posted on this blog a while back. They seemed very convincing, are the other papers from UC that the judge read available? I’m very curious to read them now that the judge rejected this based on those papers.
    I listened live to this. I was pretty shocked at the comparison to drunk driving. It seems quasi-forcibly injecting a liability free product into someones body its a lot different than requiring by law that you refrain from driving when you are drunk.
    I was also surprised the judge said he wouldn’t feel comfortable sitting in a classroom next to someone who hadn’t had a flu shot. Is this really how people think? Aren’t we in contact with people who haven’t had a flu shot all the time if we do things like go to classrooms and stores and offices?

    1. These people have lost their common sense. What they are really doing is leading us down the path of segregation except this time not over skin color.

  16. This is the beginning of the end of our personal rights and freedom. I will decline mandatory vaccination and am willing to pack up and leave rather than comply with this senseless mandate!!!!!!!!!
    Thank You Rick for all your updates!

  17. Fauci said: Covid vaccine only helps to reduce the risk of getting a bad case ( maybe?) But He and CDC both are clearly saying it does not stop the spread. That means If I don’t get the vaccine I am not endangering any one! Are they telling me I have no right to choose how I want to deal with my own sickness? What if I want alternative treatment options with alternative doctors that will never involve their hodpitals and health care system . So I won’t overburden them! I CAN choose to do what I want to my body as long as I am not increasing risk for others! Oath of medical profession is ” do no harm” what happened to that.
    It is unacceptable patient care to” provide treatment which exposes a patient to risk of harm when equivalent or better treatment is available.” ( masks for flu shot)

  18. And now a proposed UC covid-19 vaccine mandate received today for fall. Lovely….A new, rushed vaccine being forced.

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