I just received a copy of the judge’s decision. Our writ/appeal was denied. The judge rejected all our arguments, like he did when the case was presented to him at the initial hearing back in March. He seemed to have forgotten or changed his mind about the issues and questions he had about the Board’s order at the second hearing in late July.
I have no real insights as to what happened, other than the obvious that we’re going through some tough times now and the public health establishment and the media seem to blame people who don’t believe in vaccination as making the problem worse.
Here is the decision. You won’t like it. It is very disappointing.
What this means for Ken Stoller’s Revoked Medical Exemptions
Not much and nothing has changed. All of them had been revoked and they are still revoked. So, for those who were hoping for a reprieve from the general vaccine mandate for this school year, regrettably, it’s not going to happen.
Depending on circumstances (mostly financial) there probably will be an appeal to the Court of Appeals, but that process will take at least a year. Also, the higher up you go, the harder it becomes because now some deference is given to the lower court which gave deference to the administrative agency. And then there is that this is a vaccine issue in the middle of a deadly pandemic, which as suggested, makes it tougher, as I and all the lawyers fighting these vaccine mandate cases are finding out (the hard way).
So it goes.
Rick Jaffe, Esq.