The suit takes issue with the ordinance’s statement that unvaccinated employees are at a greater risk of contracting and spreading COVID-19 within the workplace, and risk transmitting the virus “to the public that depends on city services.” It also contends that data suggests that naturally acquired immunity may provide greater protection against the coronavirus and its variants than vaccine-induced immunity. The plaintiffs argue that “the city does not provide any evidence to support this premise, despite mounting data suggesting fully vaccinated individuals contract and transmit the COVID-19 Delta variant just like non- vaccinated individuals.”
Along with the city, the complaint names Mayor Eric Garcetti, LAPD Chief Michel Moore and City Administrative Officer Matthew Szabo as defendants. A message seeking comment sent to the City Attorney’s Office after regular business hours was not immediately answered. An LAPD spokeswoman said the department does not comment on pending litigation.
The lawsuit, filed Saturday, alleges the mandate violates the employees’ constitutional rights to privacy and due process. The Los Angeles City Council last month approved an ordinance requiring city employees to be fully vaccinated against COVID-19 by early October, unless they are granted an exemption for medical or religious reasons. Under the mandate, employees would be required to show proof of COVID-19 vaccination or a weekly negative COVID-19 test.
“Studies indicate that these plaintiffs’ natural antibodies and immunity are greater than their vaccinated peers,” plaintiffs allege.
Among the group are officers who have “experienced and recovered from COVID-19,” the suit states. The LAPD employees suing over the mandate are named in the lawsuit as Jason Burcham, Rodge Cayette, Michelle Lemons, Michael Puno, Susana Reynoso and Ana Fuentes.
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