Sunday, September 26, 2021

An Intelligent Anti-Mandate Lawsuit In Gainesville (Hope The Federal Lawsuits Take Note)

mycbs4  |  Circuit Judge Monica Brasington rules the city of Gainesville must not enforce its vaccine mandate and cannot discipline, or terminate, employees for failing to get vaccinated.

"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," wrote Judge Brasington, in an order signed at 1:45 Wednesday.

"Given the court’s ruling, we will continue our efforts to improve vaccination rates among our workforce through education and incentives. We recognize the reality of vaccine hesitancy and vaccine disinformation but agree with public health experts that vaccination is key in the fight against the COVID-19 pandemic," said Gainesville Public Information Officer Rossana Passaniti.

City Commissioners voted to require city employees be fully vaccinated against COVID-19 by October 30th. If an employee did not get vaccinated by then, that employee could face discipline up to termination.

In a hearing on Monday, the Judge says the city failed to make its case.

"The city did not put on any evidence, at all, at the injunction hearing. Without any evidence, the Court is unable to consider whether the Vaccine Mandate serves a compelling interest through the least restrictive means," the Judge wrote.

This ruling is a temporary injunction, which means the city cannot enforce its mandate while the case is being litigated. "This injunction will continue in force until further order of the Court,"

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