Isn’t it great a judge finally tells COVID vaccine jabbers to put up or shut up?

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

  1. 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.*

  2. 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 . . .

  1. 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.*

  2. 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.*

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

  4. 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 someone 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

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good! glad to see people in positions point out and decide that it’s not right to force others to make certain personal healthcare decisions

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Fantastic news indeed. Now, if only we could un-wash the brains of the fools who think their neighbors are some kind of threat for not jumping on their preferred drug wagon.

:man_shrugging:

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

I also wonder how many people have acquired natural immunity, and are covid free, have been discriminated against by government mandates and deprived of enjoying public accommodations, or even worse, have been fired from their job even though they present the same risk as a fully vaccinated employee is, and who may be spreading the virus.

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.

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it is something that since people got all vaxed up covid spread line wildfire

wonder when the media will finally say that vaxed people can spread it.

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Which media?

why do you believe the media isn’t saying it?

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because the prevailing narrative hammered harder by the media and the left is that the unvaxed are the cause of the surge du month

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So you believe the surge is not because of the unvaccinated, but is actually caused by the vaccinated?

does this have anything to do with my beliefs?

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okay… but the media is reporting that the vaccinated can spread. so…

so…

they want people to believe the surge has nothing to do with that

Geeze, sorry for asking.

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why? i was just asking.

I was curious.

why are you “sorry for asking?”

vaccination reduces complications from covid, death, and spread.

breakthrough cases are common, but again… chances of complications and death are lower.

the is no evidence supporting vaccinations fueling the surge.

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Instead of answering you gave me a seemingly snippy retort.

oh no sorry i was just wondering

yes there is - all the vaccinations

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