Parental lawsuit gaining force against the Los Angeles Department of Public Health for the indoor mask mandate

A new lawsuit filed in Los Angeles on behalf of a group of parents seeks to immediately halt any plans to bring back an interior mask warrant on school children, claiming the Los Angeles Department of Public Health “is using incorrect hospitalization metrics. “, the Globe reported in July.

“On behalf of @LACountyParentsI filed for a warrant and a complaint against @lapublichealth, Ferrer and Davis. We can no longer live like this. If he proceeds with the new mask mandate on Friday, we will immediately seek a TRO, “attorney Julie Hamill announced on Twitter.

Hamill’s lawsuit names defendants:

“DEPARTMENT OF PUBLIC HEALTH OF THE COUNTY OF LOS ANGELES; MUNTU DAVIS, in his official capacity as Los Angeles County Health Officer; BARBARA FERRER, in her official capacity as Director of the Los Angeles County Department of Public Health.

In Hamill Case Addresses City Hall Meeting on July 13, 2022 of Chief Medical Officer Dr. Brad Spellberg, Chief Executive Officer Jorge Orozco, and Chief of Service of the Epidemiologist and Infectious Diseases Division Dr. Paul Holtom of Los Angeles County + University of Southern California (LAC + USC) Medical Center, as also reported by the Globe.

“In a press conference on July 13, Brad Spellberg, medical director of Los Angeles County and the University of Southern California Medical Center, and epidemiologist Paul Holtom, said there have been no changes in COVID transmission levels. -19 “, reported the Globe.

In his lawsuit, Hamill details the Los Angeles County press conference:

During City Hall, Los Angeles County (“County”) top doctors made calm and reassuring remarks about a decrease in COVID severity. The doctors’ claims include the following:

    • “[W]we’re just seeing anyone with a serious COVID disease. ”- Dr. Holtom.
    • “[W]We have no one in the hospital who has had lung disease due to COVID. No one in the hospital. – Doctor Holtom.
    • “[C]surely there is no reason to be hospitalized from a covid point of view, to be worried at this point “. – Doctor Holtom.
    • “We are seeing many people with mild illnesses in urgent care or in the emergency room who go home and are not hospitalized.” – Doctor Spellberg.
    • “A lot of people have a bad cold, that’s what we’re seeing.” – Doctor Spellberg.
    • “It is simply not the same pandemic as before, despite all the media hype to the contrary.” – Doctor Spellberg. (Ex. A).

“On the same day, County Public Health Director Barbara Ferrer said she plans to implement a new county-level cloaking mandate as the county is at the ‘high’ level of community COVID risk.”

Hamill further explains the reason for the cause:

“The inconsistency between the county’s decision to impose such a dramatic restriction on its residents and the observations of LAC + USC physicians explaining the declining risks of COVID and the absence of high hospitalizations due to COVID demonstrates a decision-making process to be part of the county public health that goes beyond the limits of reason, arbitrary, capricious and completely devoid of evidentiary support ”.

Hamill shared an interesting twist in the case: Los Angeles County tried to take the case to federal court, the tactics of delay.

The county transferred the case to federal court on August 23 and it was returned to the state court yesterday [Friday 9/1]Hamill told the Globe (when a case is expelled from federal court and sent back to the state court). “This is a win for the Alliance because the county has spent time and money trying to take this case to federal court.”

In a letter to the defendants [LA County] attorneys, Hamill explains why this shouldn’t be in federal court:

“… Children in Los Angeles County are constantly threatened by defendants’ warrants, and defendants regularly change classifications, orders, criteria and benchmarks without warning. As the Supreme Court stated in Roman Catholic Diocese case, there is no reason why the plaintiff should take the risk of suffering further irreparable harm in the event of another reclassification. Here, Alliance members should not run the risk of further irreparable damage in the event of another term. “

“All the evidence, including admissions from the county’s own doctors, shows that covid is extremely widespread and is not causing serious illness. Hospitals aren’t overwhelmed. There is no evidence to support that covid should be treated any differently than the flu or, as Dr. Spellberg puts it, “a bad cold” at this point. Covid is endemic “.

“By forcing children to dress up, defendants significantly damage their social and emotional development. Forcing children who have delayed speech to disguise themselves is like forcing those children into isolation ”.

And Hamill observes, “our goal is not financial, it is solely to end the harm to children caused by the policies of the accused.”

Several people have commented that the LA Lakers don’t wear masks and never have.

“I have a crazy idea: How about we stop letting geriatric and hypochondriacal germophobes make all the rules for the rest of us,” a prescient woman posted on Twitter Friday.

Hamill said he was in the process of amending the summons and lawsuit to address the 10-day exposure mandate and to reflect the county’s failure to enforce the universal mandate for indoor masks on July 29.

Interesting:

Fortunately, Julie Hamill is not only a sincere lawyer, she has the courage of her convictions and is running for the local school board.

The Globe will continue to report on this lawsuit, which should set precedence.

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