A lawsuit has been filed in US District Court against Oregon Governor Kate Brown by the Freedom Foundation on behalf of several state and school employees who have contracted the COVID-19 virus, have recovered and now presumably have natural immunity.

The suit alleges that Governor Brown's Executive Order requiring vaccinations of all state employees and the subsequent administrative rule that makes a similar requirement for "all individuals who work in schools" does not provide an exemption for those COVID survivors who presumably have natural immunity.

According to the lawsuit,

The State has no compelling interest in coercing Plaintiffs into taking a COVID-19 vaccine, because Oregon has no compelling interest in treating employees with natural immunity any differently from employees who obtained immunity from a vaccine, nor is mandatory vaccination an appropriate least-restrictive means for the State to achieve any compelling interest.

At issue is the lack of an exemption for COVID survivors and the chronic refusal of the OHA to develop any type of policy that recognizes the immunity developed by contracting the disease. The lawsuit makes this point clear:

No exception to these mandates exists for persons who have already achieved immunity to COVID-19 by recovering from the virus. In fact, information provided by OHA indicates “Proof of history of COVID-19 disease as a substitute for vaccination is not allowed under the rule.”

The plaintiffs have moved to have a temporary restraining order against Governor Brown. The hearing on this motion is scheduled for Monday, October 18. The motion asks for a "Temporary Restraining Order prohibiting Defendants Oregon Governor Kate Brown and the Oregon Health Authority, with its Director Patrick Allen and all agents or employees, from enforcing Executive Order No. 21-29 and OAR 333-019-1010, and OAR 333-019-1030 by charging any fee or imposing any penalty for failure to obtain verification or proof of a COVID-19 vaccination."

A D V E R T I S E M E N T

A D V E R T I S E M E N T

State courts have been reluctant to take a stand against executive action restricting freedom with regard to COVID-19 policy. This suit has been filed in federal court which may have a different perspective.


--Staff Reports

Post Date: 2021-10-09 22:06:17

Last Update: 2021-10-10 12:25:16