Anti-mask group sues San Diego Unified over vaccine mandate in schools

The San Diego-based group that has been fighting the state’s school mask mandate sued San Diego Unified School District for the district’s new COVID vaccine mandate.

Let Them Choose, a project of the antimask group Let Them Breathe, filed its lawsuit against San Diego Unified Monday in San Diego Superior Court.

The lawsuit says the district’s vaccine mandate hurts students because it forces them to learn from home in independent study if they don’t get vaccinated.

“Keeping healthy children out of the classroom is contrary to California law, is not necessary to reduce cases of COVID-19 in schools, and is not in the best interest of students, parents, or school districts,” the lawsuit says.

On Sept. 28 the San Diego Unified

School Board unanimously approved a mandate that all students age 16 and older, as well as staff, must be fully vaccinated against COVID by Dec. 20.

Younger students will be required to get vaccinated after the vaccine is fully approved by the Food and Drug Administration for their age groups, according to the mandate.

Earlier this month the state of California also mandated that students receive COVID vaccines once they’re fully approved, but with a longer timeline.

Students age 12 and older will have to take the vaccine starting with the semester that begins after the vaccine is fully approved by the FDA for youth ages 12 to 15. The earliest that requirement could kick in is Jan. 1.

The Pfizer-bionntech vaccine currently is fully approved for people age 16 and older. That vaccine has emergency use authorization from the FDA for kids age 12 to 16.

San Diego Unified’s mandate has drawn support from several medical and other scientific professionals. The district has said its vaccine mandate will help reduce the spread of COVID among students, their families and school staff.

It also will reduce disruptions to student learning, district officials said.

State guidance has said unvaccinated students should be sent home to quarantine for up to 10 days if they come in contact with someone who has COVID. Vaccinated students don’t have to quarantine.

California’s rules allow exemptions for students’ personal beliefs, however San Diego Unified is not allowing personal belief exemptions for students, even though state law provides for such exemptions for new school vaccine requirements like the COVID vaccine.

School Board President Richard Barrera has said the district is not offering personal belief exemptions because families may end up abusing that loophole, resulting in low vaccination rates.