Circuit Judge Monica Brasington, a Sen. Rick Scott representative, approved a request for an emergency injunction. This suggests the requirement, that was slated to happen on Oct. 1st, is stopped in the meantime.
“The municipality or city lawyers did not add any proof, whatsoever to support their case, at the injunction trial”.
“With no proof, the court is not able to consider whether or not the vaccination mandate serves a compelling interest by the least restrictive ways, whether the vaccination mandate complies with a stringent scrutiny examination, a logical basis testing, or whether or not it satisfies any other requirement,” she included.
Gainesville’s City Commission during Aug. 5th made a decision that all city staff members needed to get immunized against the virus. A few days afterward, Municipality Administrator Lee Feldman ordered workers to obtain at least 1 shot by Oct. 1st and be completely immunized by Oct. 14th.
More than 200 Gainesville workers took legal action against the city, noting that the effectiveness of COVID-19 vaccinations in preventing transmission of the CCP (Chinese Communist Party) infection has stopped.
These people likewise expressed that the requirement did not make good sense since a lot of them already have natural immunity which provides proper and full protection from COVID-19 and that community medical centers were never experiencing a shortfall of beds.
The workers said that the “requirement breached their right to personal privacy under the Florida Constitution”.
The defendants need to show that the legislation “advances a compelling state interest in the least limiting way” Judge Brasington explained.
Yet, the municipality or city provided no proof, called zero witnesses, and did not submit any type of sworn statements or even indictments, leading the court to rule in support of the complainants.
“The municipality had an opportunity to offer documentation which might reveal that this Vaccination Mandate was the least limiting way to meet a state and federal government interest. The town did not do that and as a matter of fact, did not offer any sort of proof, in any way.
As a result, the courtroom is necessitated to rule that the city fell short in to meet its burden of validating that the vaccination requirement furthers a convincing community interest in the smallest limiting manner,” she ruled.
The city is literally forbidden from imposing the mandate and firing or disciplining any worker that fails to adhere to those rules.
“The judge acknowledged that the city does not own its workers‘ physical bodies,” Jeff Childers, a lawyer or attorney for the litigants, said to The Real News Cast team.
Jon Cicio, one of the litigants said “I was actually relieved”.
“It seems like a weight has been taken off my shoulders. I can return to concentrating on serving the people the way that they deserve, without any disturbance,” this person mentioned to a Real News Cast reporter.
The Sunshine State Attorney General from the United States, Ashley Moody, a Republican that submitted an amicus brief on behalf of the complainants, likewise rejoiced in the judgment.
“I was really proud to stand up with law enforcement and first responders to prevent the city of Gainesville from firing these people based on an unlawful state and federal government vaccination requirement. Right now, the judge recognized and protected their jobs. This is really fantastic news,” she published on Twitter.
A legal representative for Gainesville declined to provide any feedback.
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