Lawsuit Challenges San Diego Fire and Police Vaccine Mandate

Posted by: Curt Varone January 30, 2022 0

A lawsuit challenging a COVID19 vaccine mandate for San Diego firefighters and police officers has been filed in San Diego County Superior Court. The suit was filed by SDFD Captain Justus Norgord, two police officers and a private non-profit, Protection of the Educational Rights of Kids.

The suit alleges that the vaccine mandate is “ultra vires”(a legal term that means it is beyond the authority of city to enact), that it violates California’s state constitution, and that enforcing the mandate would violate the due process rights of the firefighters and police officers who would be suspended. In conjunction with the due process argument, the suit alleges enforcement would violate the California Firefighters Procedural Bill of Rights Act and the Public Safety Officers Procedural Bill of Rights Act.

Here is a copy of the complaint:

complaint-2Download

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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