Sandra Mitchell
KTLA5Fri, 08 Oct 2021 06:30 UTC
© AP/Ringo H.W. ChiuFirefighter battles blaze
Los Angeles faces a broadening lawsuit as
871 city firefighters have filed a notice of intent to sue over the public employee vaccine mandate passed by City Council, seeking $2 million per plaintiff.Sandra Mitchell reports for the KTLA 5 News at 6 on Oct. 8, 2021.
Comment: LA firefighters are turning up the heat on this smoldering issue:
The notice (pdf), filed Oct. 7, said the 871 firefighters are seeking $ 2.5 million each in damages. Kevin McBride, attorney for the firefighters, wrote:
"The claims will be filed in Superior Court as an unlimited civil case in accordance with the California Code of Civil Procedure."
Los Angeles City Council in August issued an ordinance (pdf) requiring all city employees to have received a second dose of a two-dose COVID-19 vaccine, or a single dose of the COVID-19 vaccine by the 5th October, unless there is a medical or religious exemption. According to the ordinance:
"The goal of the city is to have a vaccinated workforce. As such, employees will not have the option to 'opt out' and be subject to weekly testing."
The mayor's office announced that exempt and unvaccinated employees would still need to be tested regularly for COVID-19.
McBride said in the notice of intent, citing orders given to Los Angeles Fire Department (LAFD) firefighters, that those who are not exempt or fully vaccinated by the "strict deadline" of October 20 will be sent home. for five days without pay, and if they still decide not to get vaccinated after another five days, their employment will be terminated.
The attorney wrote that the vaccination order is "manifestly unlawful conduct," citing several reasons, including: interference with labor rights; inflict emotional distress; violation of constitutional privacy rights; and violation of the protection of human subjects in the act of medical experimentation.
The plaintiffs are members of the United Firefighters of Los Angeles (UFLAC). The union stated its position in an October 4 newsletter,
"[T]The city cannot impose any consequences relevant to the October 5 deadline 'to be vaccinated against COVID-19, adding that the city ordinance' does not provide for any consequences, and any planned discipline must first be negotiated with UFLAC.
"Additionally, the city has not provided any notice to UFLAC that it intends to discipline employees for failing to meet the October 5 deadline."
The city has 45 days to evaluate the document, after which the lawsuit will be filed immediately.
Los Angeles city attorney Mike Feuer said in a statement to KTLA:
"The US Supreme Court and courts across the country have upheld the vaccine mandates ... I am confident we will prevail."
Those who intend to sue the city comprise about one in four of the city's firefighters. According to the Los Angeles Fire Department (LAFD) website, it has 3,435 firefighters.
See also:
Comment: LA firefighters are turning up the heat on this smoldering issue: See also: