judge tells COVID vaccine jabbers to put up or shut up

[johnwk]

See: DARRIS FRIEND V CITY OF GAINESVILLE . . . Case No. 01-2021-CA-2412

15. If the government fails to put on evidence of its compelling state interest, as the City failed to do here, the Court is not required to (and, in fact, cannot) make factual findings that the government has any compelling state interest. Green, 2021 WL 2387983 at 3 (“When the government fails to offer evidence to demonstrate a compelling state interest, the trial court then is absolved of having to make any finding to that effect”). In the instant case, the City failed to put on any evidence that the Vaccine Mandate serves a compelling state interest or that the Vaccine Mandate was the least restrictive means to accomplish that interest.*

16. The City’s Vaccine Mandate facially interferes with its employees’ right to refuse unwanted medical treatments and/or procedures, implicates Plaintiffs’ fundamental right to privacy, and is “presumptively unconstitutional.” Gainesville Woman Care, LLC., 210 So. 3d at 1245; and Green, 2021 WL 2387983 at *5.

and see . . .

21. In other words, having determined that the City’s Vaccine Mandate implicates Plaintiffs’ privacy rights (and with no showing of a compelling interest demonstrated by the City), this Court is required to presume that the Plaintiffs have adequately demonstrated the four elements required for this Court to order the requested injunctive relief: likelihood of success on the merits, lack of an adequate legal remedy, irreparable harm, and the public and private interests at stake. Id.*

22. Therefore, the Court ENJOINS Defendant City of Gainesville, as follows:*
a. The City shall not enforce the Vaccine Mandate policy.*
b. The City shall not terminate or discipline any employee for failure to comply with the Vaccine Mandate.*

23. The Court determines that, giving due regard for the public interest, no bond is required to be posted, pursuant to Rule 1.610(b).*

24. This injunction will continue in force until further order of the Court.

DONE AND ORDERED in Chambers at the Alachua County Family & Civil Justice Center, *
Gainesville, Florida on Wednesday, September 22, 2021
Monica Brasington, Circuit Judge
…

Now, perhaps a covid vaccine jabber will demonstrate how the law furthers a compelling state interest in the least restrictive way —also known as the “strict scrutiny” standard. Gainesville Woman Care, LLC v. State, 210 So. 3d 1243, 1252-1253 (Fla. 2017); see also, Green v. Alachua County, 2021 WL 2387983 at *3.

JWK




“If the Constitution was ratified under the belief, sedulously propagated on all sides that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?”___ Justice Story

 

[Crick]

See: DARRIS FRIEND V CITY OF GAINESVILLE . . . Case No. 01-2021-CA-2412

15. If the government fails to put on evidence of its compelling state interest, as the City failed to do here, the Court is not required to (and, in fact, cannot) make factual findings that the government has any compelling state interest. Green, 2021 WL 2387983 at 3 (“When the government fails to offer evidence to demonstrate a compelling state interest, the trial court then is absolved of having to make any finding to that effect”). In the instant case, the City failed to put on any evidence that the Vaccine Mandate serves a compelling state interest or that the Vaccine Mandate was the least restrictive means to accomplish that interest.*

16. The City’s Vaccine Mandate facially interferes with its employees’ right to refuse unwanted medical treatments and/or procedures, implicates Plaintiffs’ fundamental right to privacy, and is “presumptively unconstitutional.” Gainesville Woman Care, LLC., 210 So. 3d at 1245; and Green, 2021 WL 2387983 at *5.

and see . . .

21. In other words, having determined that the City’s Vaccine Mandate implicates Plaintiffs’ privacy rights (and with no showing of a compelling interest demonstrated by the City), this Court is required to presume that the Plaintiffs have adequately demonstrated the four elements required for this Court to order the requested injunctive relief: likelihood of success on the merits, lack of an adequate legal remedy, irreparable harm, and the public and private interests at stake. Id.*

22. Therefore, the Court ENJOINS Defendant City of Gainesville, as follows:*
a. The City shall not enforce the Vaccine Mandate policy.*
b. The City shall not terminate or discipline any employee for failure to comply with the Vaccine Mandate.*

23. The Court determines that, giving due regard for the public interest, no bond is required to be posted, pursuant to Rule 1.610(b).*

24. This injunction will continue in force until further order of the Court.

DONE AND ORDERED in Chambers at the Alachua County Family & Civil Justice Center, *
Gainesville, Florida on Wednesday, September 22, 2021
Monica Brasington, Circuit Judge
…

Now, perhaps a covid vaccine jabber will demonstrate how the law furthers a compelling state interest in the least restrictive way —also known as the “strict scrutiny” standard. Gainesville Woman Care, LLC v. State, 210 So. 3d 1243, 1252-1253 (Fla. 2017); see also, Green v. Alachua County, 2021 WL 2387983 at *3.

JWK




“If the Constitution was ratified under the belief, sedulously propagated on all sides that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?”___ Justice Story

By preventing its citizens from dying?

 

[The Original Tree]

By preventing its citizens from dying?

No one is dying.

 

[White 6]

I figure recommendations toward public health are good and should be made. At the same time, they have the right to mandate as far as their own employees, if they think it improves their organizational effectiveness, lowers their liability or enhances their ability to service the public.
Putting a mandate on private employers to require vaccination (making the determination the government's interests are more important, taking the decision of how private business manage their employees in ways with potential to interfere in their personal decisions outside the workplace) is a non-starter.

 

[Uncensored2008]

By preventing its citizens from dying?

Nazism doesn't prevent citizens from dying.

Quite the opposite.

 

[johnwk]

Nazism doesn't prevent citizens from dying.

Quite the opposite.

I wonder how many fully vaccinated, who are unknowingly carrying a viral load and spreading it, there are.

I wonder how many who have acquired natural immunity, and are covid free, have been discriminated against by government mandates and deprived of enjoying public accommodations.

JWK

The Chinese Communist Party is counting on America’s Fifth Column media [MSNBC, NEW YORK TIMES, CNN, WASHINGTON POST, ATLANTIC MAGAZINE, New York Daily News, Time, ETC.], and their Yellow Journalists, to delude the American people.

 

[Crepitus]

See: DARRIS FRIEND V CITY OF GAINESVILLE . . . Case No. 01-2021-CA-2412

15. If the government fails to put on evidence of its compelling state interest, as the City failed to do here, the Court is not required to (and, in fact, cannot) make factual findings that the government has any compelling state interest. Green, 2021 WL 2387983 at 3 (“When the government fails to offer evidence to demonstrate a compelling state interest, the trial court then is absolved of having to make any finding to that effect”). In the instant case, the City failed to put on any evidence that the Vaccine Mandate serves a compelling state interest or that the Vaccine Mandate was the least restrictive means to accomplish that interest.*

16. The City’s Vaccine Mandate facially interferes with its employees’ right to refuse unwanted medical treatments and/or procedures, implicates Plaintiffs’ fundamental right to privacy, and is “presumptively unconstitutional.” Gainesville Woman Care, LLC., 210 So. 3d at 1245; and Green, 2021 WL 2387983 at *5.

and see . . .

21. In other words, having determined that the City’s Vaccine Mandate implicates Plaintiffs’ privacy rights (and with no showing of a compelling interest demonstrated by the City), this Court is required to presume that the Plaintiffs have adequately demonstrated the four elements required for this Court to order the requested injunctive relief: likelihood of success on the merits, lack of an adequate legal remedy, irreparable harm, and the public and private interests at stake. Id.*

22. Therefore, the Court ENJOINS Defendant City of Gainesville, as follows:*
a. The City shall not enforce the Vaccine Mandate policy.*
b. The City shall not terminate or discipline any employee for failure to comply with the Vaccine Mandate.*

23. The Court determines that, giving due regard for the public interest, no bond is required to be posted, pursuant to Rule 1.610(b).*

24. This injunction will continue in force until further order of the Court.

DONE AND ORDERED in Chambers at the Alachua County Family & Civil Justice Center, *
Gainesville, Florida on Wednesday, September 22, 2021
Monica Brasington, Circuit Judge
…

Now, perhaps a covid vaccine jabber will demonstrate how the law furthers a compelling state interest in the least restrictive way —also known as the “strict scrutiny” standard. Gainesville Woman Care, LLC v. State, 210 So. 3d 1243, 1252-1253 (Fla. 2017); see also, Green v. Alachua County, 2021 WL 2387983 at *3.

JWK




“If the Constitution was ratified under the belief, sedulously propagated on all sides that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?”___ Justice Story

It's a temporary injunction. The state still gets to present a case.

Also, were talking about Florida here.

 

[The Original Tree]

Can you qualify the Kung Fu Flu as a Pandemic if after 2 years it has only killed 0.16% of the global population, and is no deadlier than Swine Flu, or any other new strain of flu that comes out each flu season?

Can you call anything that allows 99.2% of people who contract it to fully recover, a Pandemic?

 

[airplanemechanic]

By preventing its citizens from dying?

If it wanted to prevent its citizens from dying it would ban cigarettes this afternoon and close all roads tomorrow as cigs kill 480,000 people per year and cars kill 50,000,

 

[EvMetro]

By preventing its citizens from dying?

They need to post the evidence of this, but they cannot.

 

[EvMetro]

I figure recommendations toward public health are good and should be made. At the same time, they have the right to mandate as far as their own employees, if they think it improves their organizational effectiveness, lowers their liability or enhances their ability to service the public.
Putting a mandate on private employers to require vaccination (making the determination the government's interests are more important, taking the decision of how private business manage their employees in ways with potential to interfere in their personal decisions outside the workplace) is a non-starter.

What do you think of the court findings described in the opening post?

 

[EvMetro]

It's a temporary injunction. The state still gets to present a case.

Also, were talking about Florida here.

The state has to have evidence as described in the opening post. What evidence do you think they will submit?

 

[Uncensored2008]

The state has to have evidence as described in the opening post. What evidence do you think they will submit?

We know what evidence they will submit...

"ORANGE MAN BAD"

 

[EvMetro]

We know what evidence they will submit...

"ORANGE MAN BAD"

Exactly.

 

[Crepitus]

The state has to have evidence as described in the opening post. What evidence do you think they will submit?

I think they mistakenly assumed the judge would be a reasonable, intelligent human being and the case would be tossed. Now they will have to present a case.

 

[EvMetro]

I think they mistakenly assumed the judge would be a reasonable, intelligent human being and the case would be tossed. Now they will have to present a case.

This is court, and there are still a few places where marxism alone is not enough to win on. You need evidence. What evidence do you think they should or will submit? Is this the kind of question where you will need to evade answering?

 

[White 6]

What do you think of the court findings described in the opening post?

My opinion is if they are the direct employer they should be able to set policies in the interests of the entity that writes the paychecks. Where I draw the line is with forcing other employers to force the issue. Employees can always quit and go seek their paycheck somewhere else if they do not like the policies in place over them and I encourage them to do so.

 

[johnwk]

My opinion is if they are the direct employer they should be able to set policies in the interests of the entity that writes the paychecks. Where I draw the line is with forcing other employers to force the issue. Employees can always quit and go seek their paycheck somewhere else if they do not like the policies in place over them and I encourage them to do so.

You may be overlooking what is called "reasonable expectation".

A person works for a company for, say 15 years and nears retirement, and does so under specific rules agreed to by both parties. And then, 15 years down the road the employer decides to demand the employee follow a newly created rule or get fired and lose their expected retirement agreement.

This of course raises the reasonable expectation argument: is the new rule reasonable to the degree that would justify the employee losing their expected retirement plan, and void the employee/employer agreement which happens to be an issue for the court to decide.



Of course, an employer who mandates such an intrusive medical decision [get vaccinated or be fired] upon their employees should, at the very least, be able to justify the soundness and necessity of such a rule.



Do you not agree?



JWK

 

[White 6]

You may be overlooking what is called "reasonable expectation".

A person works for a company for, say 15 years and nears retirement, and does so under specific rules agreed to by both parties. And then, 15 years down the road the employer decides to demand the employee follow a newly created rule or get fired and lose their expected retirement agreement.

This of course raises the reasonable expectation argument: is the new rule reasonable to the degree that would justify the employee losing their expected retirement plan, and void the employee/employer agreement which happens to be an issue for the court to decide.



Of course, an employer who mandates such an intrusive medical decision [get vaccinated or be fired] upon their employees should, at the very least, be able to justify the soundness and necessity of such a rule.



Do you not agree?



JWK

Not unless it can be evidenced the rule was put into place to effect that exact purpose of limiting retirement liability of the company or organization. If that be the case, screw them and force full vestment and projected returns to the employee, as if they had made it to the 20 year mark or whatever time period prior to age 65 at which they would be fully vested.

 

[Wild Bill Kelsoe]

By preventing its citizens from dying?

The vaccine doesn't prevent people from dying.