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A federal judge has tossed a lawsuit brought by 13 Los Angeles Police Department (LAPD) officers challenging the city’s mandatory COVID-19 vaccination ordinance for its employees, according to court papers obtained Monday.
The suit, filed in September in Los Angeles federal court, alleges there’s no evidence that natural-acquired immunity isn’t as effective as the jab, and that the mandate violates the plaintiffs’ civil rights.
U.S. District Judge R. Gary Klausner granted the city’s motion to dismiss late Friday, concluding that the plaintiffs failed to prove their case that the ordinance violates their right to privacy and due process.
On Monday, City Attorney Mike Feuer applauded the ruling.
“With the Omicron variant raging, this victory for public health and safety — the fourth my office has secured — comes at an especially crucial time,” Feuer said. “With record numbers of COVID-19 cases each day, it is more important than ever that the first responders we trust to keep us safe comply with the vaccine mandate. I urge all eligible Angelenos to get vaccinated and boosted, for the good of all of us.”
According to the complaint against the city of Los Angeles, its police chief, mayor and administrative officer, the defendants “cannot point to any evidence that vaccinated individuals have longer lasting or more complete immunity than those who have recovered from COVID.”
The ordinance requires city employees to be fully vaccinated against COVID-19, unless they are granted an exemption for medical or religious reasons. Under the mandate, employees would be required to show proof of COVID- 19 vaccination or a weekly negative COVID-19 test.
Among the plaintiffs are officers who have “experienced and recovered from COVID-19,” the suit states.
“Studies indicate that these plaintiffs’ natural antibodies and immunity are greater than their vaccinated peers,” the lawsuit alleges.
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