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California

[VIDEO] California Will Require Vaccinations Or Covid Tests For State Employees And Health Care Workers

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California Governor Gavin Newsom holds a press conference on vaccination efforts and announces a vaccine mandate for state workers.

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California

‘Let Them Breathe’ Parents Group Sues Gavin Newsom over School Mask Mandate

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A California parents group called “Let Them Breathe” sued Gov. Gavin Newsom (D) Thursday over his school mask requirement.

The San Diego-based group, which has 13,000 members, filed the lawsuit in San Diego Superior Court with the Reopen California Schools group, the San Diego Union-Tribune 

“We’re seeing kids be more anxious, more depressed, have difficulty engaging in their education when they’re unable to see each others’ faces, share smiles, and just start getting back to life with some type of normalcy,” Let Them Breathe founder Sharon McKeeman told the paper.

“The bottom line is the government should not be doing parents’ jobs. We’re the parents; we know what’s best for our children.”

Newsom’s mandate requires students and educators to wear masks at all times in K-12 schools, regardless of vaccination status. Masks are optional outdoors, according to the regulation.

The California Department of Public Health said mask enforcement will be handled by local schools “as the state recognizes the unique needs of each district and child,” according to the Mercury News.

The suit alleges Newsom and health bureaucrats violated the Administrative Procedures Act (APA), which dictates how rules will be made:

Compliance with the APA, which requires among other things public notice and comment for proposed regulations, is not a mere technicality. The procedures required by the APA ensure that regulations are clear and understandable to the public, are based on accurate data and sound scientific principles, and are consistent with the law.

It also argues:

California schoolchildren and their families are suffering irreparable harm each day that their schools require healthy schoolchildren to wear masks while indoors and to quarantine at home, while not being provided with a reasonable alternative to in-person instruction.

The lawsuit alleges Newsom’s order violates the Equal Protection Clause of the California Constitution because “Defendants’ mask mandate applies only to K-12 school settings, whereas California has mandated that fully vaccinated individuals, both adults and children, are not required to wear a mask at any time.”

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Let Them Breathe is seeking to have the San Diego Superior Court invalidate the mask mandate and bar schools from excluding students who refuse to wear a mask indoors.

“It’s just shocking to me that we’re at this point. It’s heartbreaking and frustrating that we actually as parents have to file a lawsuit just for our kids to be able to engage in their education, share their smiles with people, and just feel comfortable breathing,” McKeeman told 

The case, Let Them Breathe v. Gavin Newsom, is in San Diego Superior Court and a case number has not yet been assigned.

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Larry Elder Wins in Court: California Must Put Him on Recall Ballot

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Conservative talk show host Larry Elder won his court challenge Wednesday to California Secretary of State Shirley Weber, who must place him on the list of candidates in the Sep. 14 election to recall incumbent Gov. Gavin Newsom (D).

As Breitbart News reported Tuesday, Elder’s campaign sued the Secretary of State after she excluded him from the list of 41 candidates to replace Newsom, if a majority of voters choose to recall him. The reason given was that Elder allegedly failed to file complete tax returns. Elder’s campaign denied that accusation, noting that he had turned in five years of tax returns on time, and also arguing that the law requiring candidates to submit tax returns did not apply to recalls anyway.

Elder also noted the Secretary of State had exempted Newsom from the requirement, saying he was not a “candidate.”

Judge Laurie Earl agreed with the latter point: “Preliminarily … I am not convinced that Election Code section 8902 applies to recall election, and if it did, I am of the opinion, I am inclined to find that Mr. Elder substantially complied.”

After lawyers for all parties had a change to present their case, Earl made her ruling final:

I don’t find that the recall election is a direct primary election ballot … By reaching that finding, I don’t find that Mr. Elder was required to file tax returns at all … I would grant the petition, and issue a peremptory and writ of mandate, directing the respondent, and all persons under her control, to file Mr. Elder’s nomination documents … qualifying him as a candidate and place his name and ballot designation on the ballot, and any sample ballot and voter pamphlet for a candidate for Governor of the State of California in the September 14th recall election.

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She also required the Secretary of State to include Elder’s statement of qualifications to be included in the voter pamphlet.

She ruled that while she did not need to order Weber to review Elder’s tax returns, the Secretary of State could give him the opportunity to file supplemental tax returns if necessary.

If Democrats hoped to keep Elder — a charismatic black conservative with a devoted popular following — off the ballot, the move may have backfired, as he has scored an important victory against the Democrat-run state government.

Former Monterey Park mayor Betty Chu, who also sued on behalf of Elder, had called the Secretary’s attempt to exclude Elder from the ballot “voter suppression,” throwing Democrats’ recent allegations against Republicans back at them.

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