Lawsuit Challenging SDUSD Vax Mandate

“SDUSD’s mandate conflicts with state law, which does not permit local school boards to promulgate new vaccination requirements in addition to those already required by state law.”

Let Them Breathe Attorney Lee Andelin

Precedent Setting Appellate Court Ruling Against Rogue School District Vax Mandates

“The Let Them Choose initiative of Let Them Breathe struck down the student C19 vax mandate in the second largest California school district, San Diego Unified December of 2021. This was the first C19 vax mandate in the nation to be struck down in a final ruling - SDUSD chose to spend tax-payer funds on appealing it. The appellate court published its opinion upholding the decision in our case against SDUSD’s C19 vax mandate. This set precedent for all California school districts.”

Parent and Let Them Breathe Founder Sharon McKeeman

Successful Lawsuit Against Pali HS Vax Mandate

“Upon simply filing this lawsuit Palisades High School dropped their unlawful vax mandate. This is one of many examples of how it’s true that “The only thing necessary for evil to triumph in the world is that good men do nothing.” Bad decisions are made and students’ rights are trampled when these large systems think that parents won’t organize and fundraise to challenge their illegal actions.”

Let Them Breathe Founder Sharon McKeeman

Legal Letters Successfully Protecting Students’ Access to In-Person Education

“A competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment. (Cruzan v. Dir., Mo. Dep't of Health (1990) 497 U.S. 261, 278.) California courts have long held that the right to refuse medical treatment is a constitutionally guaranteed right that must not be abridged. (Bartling v. Superior Court (1984) 163 Cal.App.3d 186, 195.)… A school-imposed mandate turns COVID-19 vaccination into a coercive act, free of consent, because students who do not consent to vaccination for COVID-19 will have no option but to disenroll from SUHSD or enroll in an inferior online school that deprives them of an opportunity to receive in-person instruction and precludes them from participating in extracurricular activities and sports.”

Let Them Breathe Attorney Arie Spangler

Ruling Against SDUSD Vax Mandate

“The statutory scheme leaves no room for each of the over 1,000 individual school districts to impose a patchwork of additional vaccine mandates, including those like the Roadmap that lack a personal belief exemption and therefore are even stricter than what the DPH could itself impose upon learned consideration.”

Judge John Meyer

Successful Lawsuit Challenging Student Harassment

“We will no longer tolerate our Schools silencing our children by masking them, or providing anything short of an exceptional, respectful, and supportive learning environment for them. Our children will not be disrespected or discriminated against by those in positions of power who do not even follow their own rules, enjoying private dinner parties and professional sporting events while unmasked. Any school that does not get in line with a ‘Student’s First’ policy will be forced to publicly defend their actions that unquestionably discriminate, segregate, and disrespect hard working and dedicated students.”

Let Them Breathe Attorney Justin Reden

Legal Letters Protecting Smiles

“Until such time as CDPH withdraws its mask mandate or a court declares it unlawful, masks are required in schools in indoor settings. But, for as long as the mandate exists, schools may not enforce it by excluding children from classrooms, whether by means of expulsion, suspension, or forced enrollment in an independent study program. Schools must exempt students from mask requirements as provided in the CDPH guidance, without an onerous application process, and all exempt students should be free from all forms of harassment, discrimination, and retaliation.”

Let Them Breathe Legal Demand Letters

Legal and Scientific Arguments in Support of Smiles

“When the issue of recommendation versus mandate was addressed at the hearing, Plaintiffs requested that, to the extent that the Defendants are conceding that the testing strategies and the quarantine protocols are recommendations, the Court issue an order clarifying that the testing strategies and quarantine protocols were recommendations that school districts were free to disregard. In response to the Court's effort to confirm Defendants’ position, Defendants’ counsel reiterated the Defendants’ position that the testing strategies and quarantine protocols are recommendations only. This, coupled with the plain language of the Guidance, further resolves the issue for the Court that the testing strategies and the quarantine protocols are recommendations, not mandates.”.”

Let Them Breathe Lawsuit against Governor Newsom & CDPH

Lawsuit Proving State Quarantine Guidance Optional

“When the issue of recommendation versus mandate was addressed at the hearing, Plaintiffs requested that, to the extent that the Defendants are conceding that the testing strategies and the quarantine protocols are recommendations, the Court issue an order clarifying that the testing strategies and quarantine protocols were recommendations that school districts were free to disregard. In response to the Court's effort to confirm Defendants’ position, Defendants’ counsel reiterated the Defendants’ position that the testing strategies and quarantine protocols are recommendations only. This, coupled with the plain language of the Guidance, further resolves the issue for the Court that the testing strategies and the quarantine protocols are recommendations, not mandates.” (Order at Fn. 3.)

Judge Cynthia Freeland

Ruling Proving Schools Not Required to Exclude Smiling Students

“Second, the Order confirms the state’s position that all individuals are required to wear a mask or face covering while indoors at a K-12 school in California. However, enforcement of the state’s mask mandate is left up to each school. Nothing in the CDPH guidance requires schools to exclude students who refuse to wear a mask. As the state confirmed to the court, “nothing in the challenged mask guidance purports to direct or authorize schools to force students into this independent study program.” (Defendants’ Memorandum of Points & Authorities in Support of Demurrer, at 15:14-16.)

Let Them Breathe Attorney Arie Spangler

Resolution for Smiles - Utilized by School Districts

“BE IT FURTHER RESOLVED, that this Board commits to acting at all times in the best interests of students, including educating students and families on the overwhelming benefits of in-person education, the low risk of C19 to children, the evidence that students are at less risk of infection from C19 in school that out of school, and the evidence that in-person education does not contribute to the spread of C19; and

BE IT FURTHER RESOLVED, that this Board is committed to assisting schools in returning to normalcy in the classroom, including the removal of any and all prevention strategies which are not based in science, have harms that outweigh the benefits, or which impede in any way a student’s ability to fully participate in classroom instruction; and…”

Let Them Breathe Community & Team

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As parents we spoke up, raised funds, sued the entities violating students rights, succeeded, and set state precedent.

You can stand for your student’s rights by sending our legal resources and rulings to your school/district.

Let Them Breathe stands with the many peaceful parent groups across the country, and we have distinguished ourselves uniquely with winning legal action