January, 2022
Litigation Update January 31, 2022
Friday, 1/28 – A New York judge refused to grant a temporary injunction against the state mask rules and “Excelsior Pass,” finding insufficient evidence of irreparable harm.
Friday, 1/28 – A Minnesota judge denied a temporary restraining order requested by restaurants and nightclubs seeking to halt Minneapolis’s vaccine-or-test mandate
Thursday, 1/27 – A Massachusetts Appeals Court judge temporarily paused Boston’s vaccination mandate for city workers that was to go into effect Monday.
Tuesday, 1/25 – A judge in Nebraska refused to grant a temporary injunction sought by Nebraska AG Doug Peterson, to prohibit enforcement of the Omaha mask mandate issued by the Douglas County Health Director.
Monday, 1/24 – Seven Virginia school boards are challenging the governor’s executive order banning mask mandates. The previous Tuesday, a group of parents filed a lawsuit to block the order.
February, 2022
Litigation Update February 11, 2022
Litigation Update February 18, 2022
Litigation Update February 25, 2022
2/23: A federal court in the Western District of Michigan dismissed a class action lawsuit challenging Michigan State University’s vaccine mandate.
2/23: Along with officials from nine other states, the Kansas Attorney General filed a motion in the U.S. District Court for the Eastern District of Missouri to reopen litigation challenging Biden’s federal vaccine mandate for health care workers.
2/22: Opponents of Connecticut’s elimination of religious exemptions from childhood immunization requirements filed a new challenge in state court, after losing their case in federal court.
2/17: The Fifth Circuit ruled for a United Airlines pilot and flight attendant placed on unpaid leave after refusing the COVID-19 vaccine for religious reasons, finding that the plaintiffs had suffered irreparable harm, and remanding back to the trial court for consideration of other factors necessary to determining whether an injunction should issue. Plaintiffs sued the company for their vaccine mandate under Title VII of the Civil Rights Act. Judge Smith issued a 58-page dissent, describing the ruling as an “orgy of jurisprudential violence” and requesting en banc review.
2/17: A citizens group filed a lawsuit in federal court to block enforcement of San Diego’s vaccine mandate for city employees.
2/16: The Supreme Court will consider a renewed request from New York City teachers and staff to block a state vaccine mandate due to their religious objections. After Justice Sotomayor, who has jurisdiction over lower courts in New York, denied their request, plaintiffs directed a new request to Justice Gorsuch, who referred it to the full court for consideration.
2/16: Texas filed a lawsuit in the U.S. District Court for the Northern District of Texas against the CDC to end mask mandates on planes.
2/15: A federal judge granted an injunction ordering the Air Force to let an officer stay unvaccinated without penalties, until a final ruling is made.
2/15: A Massachusetts appellate judge granted an injunction blocking Boston’s vaccination mandate for city workers.
2/14: The New Jersey Supreme Court rejected police unions’ request for an emergency stay on Governor Murphy’s vaccine mandate for state and county correctional officers.
2/14: A UPS employee sued the company over its vaccine mandate in the U.S District Court for the Northern District of Georgia.
Thursday, 2/10: A federal judge in Tampa heard a lawsuit brought by military members to stop the military vaccine mandate.
Wednesday, 2/9: The Fifth Circuit denied the federal government’s request for a stay to the nationwide preliminary injunction issued by a district judge suspending enforcement of the federal employee vaccination mandate.
Tuesday, 2/8: Connecticut teachers sued the Governor and the Department of Public Health Commissioner over testing requirements.
Tuesday, 2/8: Plaintiffs suing New Orleans Mayor LaToya Cantrell over her city’s COVID-19 mandates have asked the Louisiana Supreme Court to take up their case without delay and issue a temporary restraining order on vaccination and indoor masking requirements.
Friday, 2/4: Sixteen states filed suit to stop the federal vaccine mandate for healthcare workers before the next compliance deadline goes into effect next week.
Friday, 2/4: A federal judge in Denver dismissed a lawsuit brought by contractors against the city for its vaccine mandate for city employees. March, 2022.
March, 2022
Litigation Update March 11, 2022
Litigation Update March 18, 2022
Litigation Update March 25, 2022
Wednesday, 3/30: A Massachusetts judge issued an injunction to stop the state from firing seven troopers who had applied for religious exemptions from the COVID-19 vaccine and been denied.
Tuesday, 3/29: Missouri AG Eric Schmitt dropped a lawsuit over Kansas City’s former mask mandate.
Tuesday, 3/29: The San Diego Police Officers Association dropped its lawsuit challenging the city’s COVID-19 vaccine mandate for employees after the city announced the approval of hundreds of exemptions for city workers.
Monday, 3/28: A federal judge granted class-action certification to US Navy members claiming religious exemptions to the military’s COVID-19 vaccine mandate. The ruling prevents blocked the Navy from separating 4,095 sailors who submitted religious exemption requests.
Friday, 3/25: The Biden administration filed a motion to dismiss Oklahoma’s lawsuit over the National Guard’s vaccine mandate.
Friday, 3/25: The Supreme Court granted an emergency request from the Defense Department, blocking a lower court order that prevented the Navy from considering vaccination status in deployment decisions.
Thursday, 3/24: Attorneys expect lawsuits to follow New York City’s new exemption for athletes and performers from the city’s private sector vaccine mandate.
Wednesday, 3/23: A conservative evangelical group filed a lawsuit in the U.S. District Court for the Northern District of Texas to end the mask mandate for U.S. air travel.
Wednesday, 3/23: A federal judge in Virginia granted a preliminary injunction that allows the families of children with disabilities and health challenges to request mask requirements at their schools.
Tuesday, 3/22: A group of Republican U.S. Senators filed an amicus brief with the Supreme Court in the case Dr. A. v. Hochul in support of health care employees with religious objections to the COVID-19 vaccines.
Saturday, 3/19: The owner of an Alabama wine shop filed a lawsuit against Governor Kay Ivey and the Alabama State Health Officer, saying her business was forced to close due to COVID-19 restrictions.
Thursday, 3/17: A Texas appellate court upheld the authority of Texas school districts to mandate masks.
Tuesday, 3/15: A group of airline pilots sued the CDC, seeking to end its mask mandate for commercial flights and airports. In addition to raising constitutional concerns, plaintiffs argued that in enacting the mandate, the CDC acted without statutory authorization and did not adequately follow the Administrative Procedure Act rulemaking process.
Monday, 3/14: Seventeen Republican members of Congress sued the CDC, seeking to end the federal mask mandate for commercial flights and airports.
Monday, 3/14: After the Missouri AG missed a court deadline in a lawsuit challenging Lee Summit schools’ now-expired mask mandate, the district asked the judge to issue a judgment in their favor. The AG sued dozens of districts in January over mask mandates.Tuesday, 3/8: The Fifth Circuit heard arguments regarding the federal employee vaccine requirement.
Monday, 3/7: The Department of Defense filed an emergency appeal to the Supreme Court to reinstate a portion of its vaccine mandate that allows it to change a service member’s assignment if they are not vaccinated.
Monday, 3/7: A group of Michigan parents sued the Washtenaw County Health Department and the Chelsea School District over the county’s mask mandate, stating that although the mandate had expired, the lawsuit was still necessary “given the fact that such an order is capable of repetition and another order could be issued at any time in the future.”
April, 2022
Litigation Update April 1, 2022
Litigation Update April 8, 2022
Litigation Update April 15, 2022
Litigation Update April 22, 2022
Wednesday, 4/20: Following a recommendation by CDC, the DOJ appealed to the Eleventh Circuit the ruling by a federal judge in Florida striking down the mask mandate for airlines and other public transportation. The DOJ did not request a stay of the ruling.
Wednesday, 4/20: An Illinois appellate court vacated a temporary restraining order which had prevented Chicago Public Schools from enforcing its vaccination policy.
Tuesday, 4/19: The Fourth Circuit ruled that federal employees challenging the federal employee vaccine mandate cannot bring suit, as they must raise their challenge through the process laid out in the Civil Service Reform Act.
Tuesday, 4/19: The Nebraska Department of Health and Human Services voluntarily dismissed its lawsuit against the Douglas County Health Director, Dr. Lindsey Huse, who had issued a temporary indoor mask mandate for the City of Omaha. This dismissal comes after the Omaha City Council voted to remove the director’s power to enact health measures without permission from the city council.
Monday, 4/18: A federal judge in Florida struck down the mask mandate for airlines and other public transportation, writing that the mandate falls outside the scope of the Public Health Service Act as “[w]earing a mask cleans nothing.”
Monday, 4/18: The Supreme Court declined to hear a challenge brought by four NYC teachers against the city’s vaccine mandate for public school employees.
Saturday, 4/16: Philadelphia businesses and residents filed a lawsuit against the city over its reinstated indoor mask mandate. Less than a week later, the Board of Health voted to rescind the mandate.
Thursday, 4/14: The Arkansas Supreme Court ruled that a school district can require students to wear masks.
Wednesday, 4/13: The Biden administration extended the public transportation mask mandate until May 3.
Wednesday, 4/13: A state judge dismissed a lawsuit challenging Utah’s restrictions on mask mandates in schools.
Friday, 4/8: The Eleventh Circuit is hearing arguments in the federal contractor vaccine mandate case.
Friday, 4/8: A former Yankee Stadium employee filed a lawsuit against NYC Mayor Adams over his decision to exempt professional athletes and Broadway performers from the city’s vaccine mandate.
Thursday, 4/7: The Fifth Circuit upheld President Biden’s COVID-19 vaccine mandate for executive branch agency employees.
Thursday, 4/7: The Indiana Supreme Court heard arguments in the lawsuit Gov. Holcomb filed against state legislators over a law that gives them the authority to convene emergency sessions when the governor has declared a statewide emergency.
Wednesday, 4/6: Nebraska AG Peterson said his office plans to dismiss the state’s lawsuit against the City of Omaha for its mask mandate following passage of an Omaha City Council ordinance Tuesday night. Under the new ordinance, the County Health Director would have to get permission from the mayor and the city council to issue any public health mandates.
Monday, 4/4: A group of Raleigh city employees, including police officers and firefighters, filed a lawsuit against the city over its COVID-19 vaccination policies, including its decision to limit promotions to those who have been vaccinated. Friday, 4/1: A Staten Island judge struck New York City’s mask mandate for children under 5, which was previously set to expire Monday. Mayor Eric Adams announced the city will be delaying the end of the mandate, and will seek a stay.
Friday, 4/1: A Staten Island judge struck New York City’s mask mandate for children under 5, which was previously set to expire Monday. Mayor Eric Adams announced the city will be delaying the end of the mandate, and will seek a stay.
May, 2022
Litigation Update May 13, 2022
Litigation Update May 20, 2022
Litigation Update May 27, 2022
Wednesday, May 26: The Sixth Circuit rejected an appeal filed by a private religious school and school parents seeking an injunction against Michigan’s expired statewide mask mandate.
Monday, May 23: The Supreme Court denied review in F.F. v. New York. Previously, a New York state appellate court rejected parents' constitutional challenges to New York's repeal of the religious exemption from mandatory vaccination for school children.
Monday, May 23: The Seventh Circuit ruled that a group of Illinois residents and businesses’ claims challenging Gov. Pritzker’s COVID-19 executive orders was properly dismissed by a lower court.
Saturday, May 21: Opponents of the federal employee vaccine mandate filed a petition in the Fifth Circuit asking that the court’s April ruling dismissing the lawsuit challenging the policy be vacated, and that the full 17-member court hear new arguments in the case.
Thursday, 5/12: A federal court in Washington dismissed a lawsuit filed by federal contractor employees over the federal worker and contractor vaccine mandate, finding that most plaintiffs lacked standing, and remaining plaintiffs failed to show how the mandate was unlawful.
Thursday, 5/12: Washington firefighters who were terminated for not complying with the state vaccine mandate threatened to file lawsuits for discrimination and wrongful termination.
Wednesday, 5/11: A D.C. federal judge dismissed a lawsuit from federal employees over the COVID-19 vaccine mandate, finding plaintiffs’ claims were too early because their religious exemption requests are still being processed.
Wednesday, 5/11: The U.S. Air Force filed a motion in a Georgia federal court to dismiss a lawsuit over its COVID-19 vaccine mandate, arguing that plaintiffs cannot show an injury until a decision is made on whether or how to punish them for refusing the vaccine.
Monday, 5/9: A Michigan court heard arguments in a case over whether the Genesee County medical health officer’s appointment was valid. The officer called the lawsuit a “politically motivated attack.”
Friday, 5/6: A federal court in New Mexico dismissed a lawsuit from two former corrections officers over a county’s COVID-19 vaccine mandate for first responders.
And, an article to read: ‘It’s a tsunami’: Legal challenges threatening public health policy by Krista Mahr for Politico.
Wednesday, 5/18: Florida’s surgeon general asked the Eleventh Circuit to reinstate its vaccine passport ban. Last August, a federal judge sided with Norwegian Cruise Lines and enjoined the ban, finding it in violation of the cruise line’s First Amendment rights.
Wednesday, 5/18: A Louisiana appellate court ruled that the City of Shreveport must pay $36,000 to four businesses for legal fees they accrued when successfully suing the mayor over a mask mandate.
Tuesday, 5/17: A Missouri court heard motions to dismiss Attorney General Schmitt’s lawsuit against Columbia Public Schools for its mask mandate. Schmitt’s office said it is preparing for new lawsuits if school districts reinstate orders.
Monday, 5/16: The Eighth Circuit lifted an injunction on an Iowa law banning mask mandates in schools. The court vacated it as moot due to lower COVID-19 transmission rates.
June, 2022
Litigation Update June 10, 2022
Litigation Update June 17, 2022
Litigation Update June 24, 2022
Friday, June 17: A US District Court in Utah dismissed federal contractors’ complaint against Union Pacific Railroad Company for mandating the COVID-19 vaccine in accordance with the federal contractor vaccine mandate.
Tuesday, June 21: The Texas Supreme Court requested briefings to be filed over the next two months in the fight over public health authority between Governor Greg Abbott and Dallas County Judge Clay Jenkins.
Thursday, June 23: A Tennessee judge dismissed a lawsuit that Unmask Knox County Kids filed against the Knox County Board of Education alleging that the BOE’s mask mandate last year deprived students of their constitutional rights.
Friday, June 10: The U.S. District Court for the Middle District of Florida denied plaintiffs’ motion to proceed under a pseudonym. Plaintiffs, federal employees or contractors suing the government over its COVID-19 vaccine mandates, alleged that being named would require them to divulge their “medical vaccine statuses.” Doe v. Austin, 2022 U.S. Dist. LEXIS 105229 (M.D. Fla. June 10, 2022)
Monday, June 13: The U.S. District Court in Maine dismissed the complaint of a parent of a junior high student suing over a school district’s mask mandate. The court dismissed plaintiff’s complaint for failure to state a claim. Fortuna v. Town of Winslow, 2022 WL 2117717 (D. Me. June 13, 2022)
Tuesday, June 14: The 10th Circuit, in an interlocutory appeal, affirmed the district court’s denial of a preliminary injunction against a New Mexico COVID-19 vaccine mandate for hospital and congregate care facility workers. Valdez v. Grisham, 2022 WL 2129071 (10th Cir. June 14, 2022)
Wednesday, June 15: The 9th Circuit dismissed for mootness the appeal of plaintiffs, a group of parents and students arguing that California officials violated federal law by ordering schools to suspend in-person instruction in 2020 and 2021. Brach v. Newsom, 2022 WL 2145391 (9th Cir. June 15, 2022)
Thursday, June 16: The 8th Circuit affirmed dismissal of Equal Protection Clause and Takings Clause claims of three Minnesota businesses arguing they suffered financial loss due to executive orders restricting business activities during the pandemic. Northland Baptist Church of St. Paul v. Walz, 2022 U.S. App. LEXIS 16625 (8th Cir. June 16, 2022).
Monday, June 6: A former health professor at Springfield Technical Community College sued the school after she was fired for refusing the COVID-19 vaccine on religious grounds.
Tuesday, June 7: A federal court ruled that four New Jersey healthcare workers failed to show that state executive orders requiring them to stay up-to-date on their COVID-19 vaccines violated their constitutional rights.
Wednesday, June 8: A Washington judge refused to grant an injunction against Gov. Inslee’s updated rules regarding face masks and vaccine requirements.
July, 2022
Litigation Update July 1, 2022
Litigation Update July 15, 2022
Litigation Update July 22, 2022
Litigation Update July 29, 2022
Thursday, July 7: A federal judge in Virginia dismissed the complaint of parents alleging that Fairfax County Public Schools' quarantine policy unduly favored vaccinated children over unvaccinated children.
Monday, July 11: A federal judge in Virginia dismissed as moot a complaint by Americans Against Mask Mandates challenging the CDC transportation mask mandate.
Monday, July 11: A federal judge in South Carolina prevented a college from expelling a nursing student for not adhering to its vaccination mandate.
Wednesday, July 13: A district court denied a preliminary injunction of plaintiffs seeking to enjoin the enforcement of Puerto Rico's executive orders requiring proof of a COVID-19 vaccine for health certificate issuance.
Thursday, July 14: A federal judge in Ohio certified a national class action lawsuit against the entire U.S. Air Force worldwide and issued a temporary restraining order preventing the Biden administration from enforcing the COVID-19 vaccine mandate on any servicemembers who requested religious exemptions.
Thursday, July 14: A federal judge in Ohio certified a class action lawsuit and granted a temporary restraining order preventing the Air Force from enforcing its COVID-19 vaccine mandate. The plaintiffs, eighteen active duty and active reservist Airmen in the US Air force, allege the mandate violates the Religious Freedom and Restoration Act and the Free Exercise Clause of the First Amendment.
Tuesday, July 19: A federal magistrate judge in Ohio granted plaintiff’s motion to conduct discovery and denied defendants’ motion regarding scope of discovery in a case concerning a reservist in the US Air Force challenging the denial of their request for religious exemption to the COVID-19 vaccine mandate.
Monday, July 25: The Fifth Circuit ruled in favor of Texas officials, vacating a district court’s injunction blocking the state from prohibiting government entities from imposing mask mandate.
Tuesday, July 26: A group of parents in Los Angeles filed a lawsuit against the LA Public Health Department over its plans to bring back an indoor mask mandate in schools.
Wednesday, July 27: A Texas state appellate court upheld San Antonio Independent School District’s authority to mandate its workers get vaccinated against COVID-19.
Wednesday, July 27: A judge granted a preliminary injunction against the Air Force, requiring it not to act against service members who submitted COVID-19 vaccination religious exemptions until litigation is finished.
August, 2022
Litigation Update August 12, 2022
Litigation Update August 19, 2022
Litigation Update August 26, 2022
Friday, 8/19: The Fort Worth school board settled a mask mandate lawsuit filed by parents. According to the school district, any future mask mandates will include allow parents to opt-out for medical reasons or reasons of conscience.
Friday, 8/19: A federal judge in Maine dismissed a complaint from health care workers who sued Gov. Janet Mills over the state’s vaccine mandate for health care workers.
Monday, 8/22: Employees of New Jersey's veterans homes are suing the Murphy administration, claiming that poor decisions — including barring masks early in the pandemic — led to high illness and death rates.
Thursday, 8/11: A federal court in New York dismissed a suit against the Mayor of New York city and the Commissioner of the Department of Health and Mental Hygiene over proof of vaccination requirements.
Thursday, 8/11: The Ninth Circuit affirmed the dismissal of a lawsuit challenging COVID-19 requirements for agricultural employers.
Monday, 8/15: A California appeals court ruled that a church that violated COVID-19 regulations will not have to pay fines.
Thursday, 8/18: A federal court in Maine dismissed a lawsuit by healthcare workers challenging a vaccination mandate for certain healthcare employees.
Friday, August 5: A federal court in Connecticut dismissed two counts —an equal protection claim and a 1st amendment claim —of plaintiffs’ six-count amended complaint. The lawsuit arose over a dispute concerning mask mandate policies and was brought against the Plainfield Board of Education, as well as school district personnel.
Monday, August 8: A federal court in New York dismissed a suit by a pro se plaintiff alleging that defendant Mount Sinai Hospital compelled their COVID-19 vaccination despite plaintiff's request for a religious exemption. The court gave plaintiff up to 45 days to further amend their complaint if desired.
Tuesday, August 9: A Washington appeals court affirmed a trial court's order granting summary judgment to the Washington Secretary of Health against litigants seeking to invalidate the secretary’s masking mandates. The court held that the mandate did not implicate free speech and was not void as the authority of the Secretary, Governor, and local health officer were not improper.
Friday, 8/26: The Eleventh Circuit ruled against the federal contractor vaccine mandate, holding plaintiffs are entitled to preliminary injunction. However, the court also held the district court’s nationwide injunction was overbroad, narrowing the injunction to only cover plaintiff states and trade associations.
Tuesday, 8/30: The Arizona Attorney General’s Office announced it filed a civil rights lawsuit against the city of Tucson over its COVID-19 vaccination requirement.
Tuesday, 8/30: The Coast Guard Academy disenrolled seven cadets for failing to comply with the military’s COVID-19 vaccination mandate after their requests for religious exemptions were denied.
September, 2022
Litigation Update September 2, 2022
Litigation Update September 9, 2022
Litigation Update September 12, 2022
Litigation Update September 16, 2022
Litigation Update September 23, 2022
Litigation Update September 30, 2022
Thursday, 9/29: The 10th Circuit heard arguments on whether Colorado University medical school’s COVID-19 vaccine mandate burdens the free exercise of religion.
Monday, 9/26: A group of 23 former Seattle firefighters are suing the city and fire chief for religious discrimination and wage theft after each plaintiff filed for a religious exemption to the COVID-19 vaccine mandate, and none received accommodations.
Friday, 9/23: An Ohio court dismissed a case against Perrysburg schools for its mask mandate.
Friday, 9/23: A New York judge ruled that New York City’s COVID-19 vaccine mandate is invalid as it applies to members of the Police Benevolent Association. The city appealed.
Wednesday, 9/21: A federal judge in Louisiana struck down the Biden administration’s mask mandate and vaccine mandate for Head Start child care facility employees.
Wednesday, 9/21: The Supreme Court said it will consider hearing a challenge brought by an NYPD detective over the city’s vaccine mandate for public employees.
Tuesday, 9/20: The Oklahoma Supreme Court struck down a 2021 state law which prohibited school districts from enacting mask mandates without the governor first declaring a state of emergency.
Wednesday, 9/7:
A Magistrate Judge in the Eastern District of California recommended that a case alleging that a school mask mandate violated students constitutional rights be dismissed.
A District Court Judge in New York dismissed a complaint challenging the constitutionality of the New York City vaccine mandate, which required theatres and comedy clubs to verify the vaccination status of staff and patrons.
Service members of the U.S. Marine Corps sought a preliminary injunction to enjoin the Marine Corps from taking adverse action against Plaintiffs for refusing to receive a COVID-19 vaccine. The Magistrate Judge in TX granted the motion to stay “unless and until the preliminary injunction in Colonel FMO is vacated or stayed.”
Tuesday, 9/6: A mother sued the Lenawee County Department in Michigan for allegedly violating her children’s constitutional rights when temporarily excluded from in-person learning.The District Court dismissed the constitutional claims.
Thursday, 9/1: The District Court of Maryland dismissed a complaint filed by students at Towson University and an employee at the University of Maryland School of Law challenging the COVID-19 vaccine mandate enforced by the University System of Maryland.
October, 2022
Litigation Update October 14, 2022
Litigation Update October 21, 2022
Litigation Update October 28, 2022
Monday, October 31: A former county police officer in Pennsylvania sued Allegheny County, alleging he was discriminated against when he did not receive an exemption for the COVID-19 vaccination mandate.
Monday, October 31: The First Circuit affirmed the dismissal of a suit by a church against Maine Governor Mills for previous gathering limits, holding the claims are now moot. (Calvary Chapel of Bangor v. Mills, 2022 WL 16548315)
Thursday, Oct. 27: A California appeals court affirmed dismissal of Godspeak Calvary Chapel's claims against the County of Ventura for earlier gathering restrictions. The claims were dismissed as moot. (Godspeak Calvarly Chapel v. County of Ventura, 2022 WL 15170582 (Cal. Ct. App. Oct. 27, 2022)).
Wednesday, Oct. 26: A private school in Petoskey, Michigan, had their claims dismissed for mootness after they challenged two orders from the Michigan Department of Health and Human Services that prohibited in-person schooling in public and private high schools in the early days of the COVID-19 pandemic. The orders have since expired and the Department of Health has not imposed similar orders since. (Saint Michael Academy v. Hertel, 2022 WL 14707052 (6th Cir. Oct. 26, 2022)).
Tuesday, October 25: 16 New York City sanitation workers who were fired for not receiving the COVID-19 vaccine were reinstated and will receive back pay after a Staten Island Superior Court judge ruled that the city’s health commissioner does not have the power to establish new working conditions or to block a person from reporting to work. The mandate is still in effect for all those not part of the suit.
Wednesday, October 19: A federal court in Minnesota dismissed a lawsuit by an employee of the Minnesota Department of Human Services for the department’s vaccine mandate and its lack of religious exemption. The court held that the claim must be dismissed because the state cannot be sued under the Minnesota Human Rights Act (MHRA) in federal courts. (Zarn v. Minnesota Department of Human Services, 2022 WL 11227241 (D. Minn. Oct. 19, 2022).
Thursday, October 20: A Texas state court dismissed a lawsuit by a group of bar owners who sued Governor Abbott for executive orders issued earlier in the pandemic that restricted the ability of people to patronize bars. The court dismissed the lawsuit as moot. (Stand for Something Group Live v. Abbott, 2022 WL 11485464 (Tex. App. Oct. 20, 2022).
Wednesday, October 19: A federal court in California struck Los Angeles County’s COVID-19 tenant protections as “unconstitutionally vague.” (Apartment Association of Los Angeles County v. County of Los Angeles, 2022 WL 11237666 (C.D. Cal. Oct. 19, 2022) News link
Monday, October 17: A federal court in Arizona dismissed a lawsuit by service members who were denied a religious exemption to the COVID-19 vaccine mandate, which is currently paused due to an August ruling by a Florida federal court (Colonel Financial Management Officer v. Austin, 2022 WL 3643512 (M.D. Fla. Aug. 18, 2022). The court in Arizona dismissed the claim after determining that the service members in this case, and their sought remedies, were part of the CFMO class. (Short v. Berger, 2022 WL 10024222 (D. Ariz. Oct. 17, 2022).
Thursday, October 13: A Washington, DC restaurant sued DC’s Department of Health and its former director, claiming that the department exceeded its authority when enacting mask and vaccine mandates earlier this year.
Tuesday, October 11: Three lawsuits involving St. Paul, Minnesota employees were dismissed after the city dropped its COVID-19 vaccine mandate.
Thursday, October 6: The Eleventh Circuit rejected Norwegian Cruise Line’s challenge to Florida’s “vaccine passports” law, which bars businesses from requiring customers to show proof they received a COVID-19 vaccine.
November, 2022
Litigation Update November 4, 2022
Litigation Update November 11, 2022
Tuesday, November 1: A federal court in Iowa ruled that school districts must be able to enact mask mandates, despite a state law banning mask mandates.
Wednesday, November 2: Iowa Governor Kim Reynolds appealed the district court ruling that allows school districts to impose mask mandates.
Wednesday, November 2: A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit heard arguments over whether a civilian Navy employee can challenge the vaccine mandate for federal workers in court or must first go through an administrative process.
Wednesday, November 2: A former Chicago bus operator sued the Chicago Transit Authority, alleging it infringed upon his religious beliefs when firing him for refusing to get the COVID-19 vaccination.
Monday November 20th: The federal District Court for the Southern District of New York granted a motion to dismiss against a teacher claiming wrongful termination after he refused to receive the COVID-19 vaccine. In Evans v. New York City Department of Education, the plaintiff alleged that by terminating him for refusing the vaccine, the Department of Education turned vaccination status into a disability, and then discriminated against him on the basis of this disability. However, the District Court held that the case should be dismissed as moot because the vaccine mandate has since been rescinded, but did take the time to make clear that it found the plaintiff’s allegations did not state a claim for relief because vaccination status is not a disability under the Americans with Disabilities Act (“ADA”). Neither was plaintiff perceived by the Department of Education as having a disability. Finally, resisting a vaccine mandate is not a protected activity under the ADA.
Monday November 20th: The federal District Court for the Northern District of Illinois dismissed with prejudice two claims arising from a cancelled wedding in Schneider v. City of Chicago. The plaintiffs intended to marry in February 2022, at a time when the City of Chicago had a public health order in place prohibiting gatherings in large areas without either COVID-19 vaccination or proof of a prior religious or medical exemption to the vaccine. The plaintiffs had not received the vaccine due to their religious beliefs, and had no proof of religious exemption. They cancelled the wedding and lost their deposit. They then sued the City of Chicago under two state statutes, the Illinois Healthcare Right of Conscience Act and the Illinois Religious Freedom Restoration Act, claiming that the City’s vaccine mandate burdened their free exercise of religion by forcing them to choose between violating their religious beliefs or losing their deposit money. However, the court found that their free exercise rights were not burdened because the mandate included religious exemptions, and the plaintiffs made merely perfunctory efforts to obtain them.
December, 2022
Litigation Update December 2, 2022
Litigation Update December 16, 2022
Friday December 1st: Another challenge to Connecticut’s decision to repeal its religious exemption to its childhood vaccine mandate was dismissed by the Federal District Court for the District of Connecticut in Milford Christian Church v. Russell-Tucker. The plaintiffs included Milford Christian Church, two church employees, and a parishioner who wanted to send her child to the pre-school that the church operates. Plaintiffs argued that by disallowing religious exemptions, the state had infringed on their First Amendment Free Exercise rights by forcing them to either violate their religious beliefs and vaccinate their children, or not enroll them in school. Plaintiffs also argued that by forcing this choice on parents, the Fourteenth Amendment Equal Protection Clause as well as their childrearing liberty interest were violated. However, the court found that We The Patriots USA Inc. v. Connecticut Office of Early Childhood Development controlled the outcome, and held that the Connecticut law was neutral to religion and generally applicable, and therefore subject to rational basis review, rather than strict scrutiny.
Applying rational basis review, the court held that the plaintiffs’ First Amendment claims failed because the state has a compelling government interest in protecting public health, and increasing the number of vaccinated children is rationally related to that goal. The court also followed the reasoning of We The Patriots USA regarding the Equal Protection claims, holding that the mandate does not classify based on religion. Instead, it differentiates between children who need medical exemptions and those who do not. Finally, the court held that parents’ liberty interest in child-rearing is not an independent fundamental right. Instead, it falls under the Free Exercise Clause. Therefore, because the plaintiff’s Free Exercise claim was dismissed, the child-rearing claim must be as well.
Monday December 4th: The Federal District Court for the Southern District of New York dismissed a teacher’s claim of religious discrimination after she was fired for refusing to receive the COVID-19 vaccine. In Bonilla v. City of New York, the plaintiff teacher was terminated by the New York City Department of Education (DOE) after her request for a religious exemption to the DOE’s vaccine mandate was denied. The plaintiff then sued, alleging her First Amendment Free Exercise and Fourteenth Amendment Equal Protection rights had been violated. The court held that the DOE’s vaccination mandate for most employees was neutral to religion and generally applicable, and therefore only subject to rational review. While the plaintiff argued that the mandate was not generally applicable because DOE bus drivers were not included, the court held that Kane v. De Blasio, from the Second Circuit, had previously found the DOE vaccine mandate neutral and generally applicable, despite exempting categories of employees, including bus drivers, who did not spend as much time with students in enclosed spaces as teachers.
The plaintiff argued that the mandate failed rational review because the CDC conceded that the vaccine was ineffective at preventing COVID-19 infection and transmission. The court pointed out this simply wasn’t true. The CDC has stated that vaccination was the leading public health prevention strategy for COVID-19. Under rational basis review, the court held that the DOE’s vaccine mandate served a compelling purpose in providing a safe environment for students, and that allowing the plaintiff an exemption would have been an undue hardship by jeopardizing that safe environment.
Tuesday December 5th: The Federal District Court for the District of New Mexico further limited the New Mexico public health emergency-based ban on firearms in public in Springer v. Grisham. The ban, which has been attacked by numerous suits since first being implemented in September, initially used the governor’s power to declare public health emergencies to prohibit the carrying of firearms in all public spaces in certain cities in the state. However, after multiple preliminary injunctions won by gun rights activists shortly after passage, the ban only extended to playgrounds (and other places specifically meant for children) and public parks. However, the court here applied the Bruen test created by the Supreme Court in 2022 to find that there were no equivalent historical restrictions on firearms in public parks, and thus enjoined that aspect of the ban as well.
Thursday December 7th: New York’s First Department Appellate Division dismissed as moot a challenge to New York City’s extension of their COVID-19 vaccination mandate in New York City Municipal Labor Committee v. Adams. The plaintiffs appealed from a decision by the New York County Supreme Court declining to issue a preliminary injunction to halt New York City’s continued enforcement of its the COVID-19 vaccine mandate for public employees after the city had rescinded the mandate for private employees. The appellate court held that the case was moot because the city had rescinded the public employee mandate in February 2023.
Monday December 11th: The Supreme Court granted cert to vacate and remand a trio of challenges to federal COVID-19 vaccine mandates. The three cases, Payne v. Biden, Feds for Medical Freedom v. Biden, and Doster v. Kendall, involved federal employees, federal contractors, and members of the military arguing that the federal government’s COVID-19 vaccine mandate for employees was unconstitutional. In two of the three cases (Feds for Medical Freedom and Doster), preliminary injunctions were granted against the federal government’s mandates. The Justice Department sought vacatur of these decisions as part of an effort to roll back some of the changes to the law on public health power that occurred during the COVID-19 pandemic.