HFDF Lawsuit Prompts Executive Order Barring COVID-19 Vaccine Mandates
Monday, August 16, 2021, prompted by a Health Freedom Defense Fund (HFDF) lawsuit, Governor Ducey of Arizona issued an Executive Order barring any city, county, state, or state entity from mandating COVID-19 “vaccines” thereby protecting the rights of Arizonans to direct their own healthcare choices. HFDF thanks Governor Ducey for defending the most basic of human rights, that of bodily autonomy.
The Governor’s order capped off a day of twists and turns in HFDF’s lawsuit, filed August 2, 2021 on behalf of Phoenix High School teacher Douglas Hester. The lawsuit sought a temporary restraining order (TRO) against the Phoenix Union High School District’s mask mandate because it violates a new Arizona law prohibiting mask and vaccine mandates.
“The legislature is the legislative branch of government, charged with making law, yet the school district, defiantly pledged to follow CDC’s non-binding recommendations even though they contradict state law. CDC does not have the power or authority to make health laws, merely to issue recommendations,” said HFDF president Leslie Manookian
Friday August 13th, HFDF attorney Alex Kolodin appeared in court and argued for a TRO barring Phoenix Union High School District from implementing its mask mandate, while counsel for the school district argued a motion to dismiss the case.
Monday August 16th the judge delivered his ruling denying both our TRO and the school district’s motion to dismiss in which he noted that Phoenix Union High School District cited “no legal authority that this statute [the new AZ law prohibiting mask and vaccine mandates] beyond the Legislature’s power. Indeed, Arizona law expressly limits school districts’ authority to policies that “are not inconsistent with law.”” The judge determine our TRO was premature because the anti-mandate law will not be effective until September 29th, 2021.
Later Monday, after the ruling, in a provocative move, an AZ school board announced an emergency meeting to consider mandating the experimental COVID-19 injections for all teachers by September 29th so the Governor stepped in with an executive order barring the school district and all other state entities from mandating the shots.
Kolodin said, “Our client was going for a TRO against masks and got an EO against vaccine mandates! While we wish the EO extended to masks, we’re delighted Governor Ducey stepped in and protected teachers and students from this attempted power grab.”
This is a big win for HFDF, a big win for the rule of law, and a big win for freedom.
See Press Release HERE.
Read lawsuit HERE.
Today the Health Freedom Defense Fund (HFDF) and two Florida residents filed a lawsuit asking the United States District Court in Tampa, Florida to strike down the CDC’s nationwide mask mandate for travel.
“The CDC is not a nationwide police force, and is not empowered to make laws,” said Leslie Manookian, Founder and President of Health Freedom Defense Fund. “Nevertheless, with no legal authority to do so, these unelected, unaccountable technocrats have forced every citizen in America to wear a mask when they travel. We believe that Americans have the right to think for themselves and make their own health care choices without the meddling of government. Americans must not be dictated to in this manner by anyone, let alone unelected, unaccountable technocrats at CDC.”
The nationwide mask mandate was issued by the CDC early in the Biden Administration. Since that time, a Florida Federal Court has struck down the CDC’s cruise line order as unsupported by law, and five justices of the Supreme Court recently appear to have agreed that the CDC over reached with its nationwide eviction moratorium.
“The fact is that the police power — that is the power to regulate the health, safety and welfare of Americans — was specifically reserved to the States by our Constitution,” said George Wentz of the Davillier Law Group, legal counsel for the Plaintiffs. “With the mask mandate, not only does the CDC usurp the role of the States by attempting to exercise general police powers, but at the same time it steps into the shoes of Congress and makes a nationwide law. We are confident that the CDC is way out of bounds here, and the Court will strike down the mask mandate.”
Masks have been approved for use by the general public under an emergency use authorization (EUA) and are considered investigational products under the law. Their efficacy has not been proven, and their short and long-term side effects have not been studied. Recent studies have shown that masks do more harm than good, and expose the wearer to levels of carbon dioxide well above levels permitted by OSHA in the workplace.
Members of Health Freedom Defense Fund feel strongly that they should not, and cannot, be forced to wear masks and that no one should have the power to force another person to cover their airway.
For more information contact us at email@example.com
PDF of Complaint
LINK to press release