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Legal Efforts

The following are summaries of our ongoing litigation. Also see more about legal resources and articles.

WASHINGTON, DC

City Council Minor’s “Consent” Law

Victor Booth et al v. Muriel Bowser

Status: Amended complaint due Nov. 1, 2021
Lead Attorney: James Mason
CHD Attorney: Rolf Hazlehurst

Summary

The DC City Council passed a bill to allow children to “consent” to any CDC-recommended vaccine without the knowledge or consent of their parents or guardians. This bill specifically looks towards having children consent to COVID vaccines without parent knowledge. The bill even requires schools to conceal vaccination information from parents. This bill became law; we are collaborating with ParentalRights.org to sue on behalf of DC parents and children and CHD as this law violates many federal laws and Constitutional rights. CHD is filing an amended complaint by November 1.

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NEW YORK CITY

Against Mandatory PCR Testing for Schoolchildren

Aviles v. DeBlasio

Status: Appeal in progress
Lead Attorney: Ray Flores
CHD Attorney: Mary Holland

Summary

CHD recognizes that polymerase chain reaction (PCR) testing is a linchpin of the COVID pandemic. The number of “positive cases” has determined isolation, quarantine and lockdown measures, even though PCR testing is inherently unable to determine infectiousness. CHD is an institutional plaintiff, together with parents of schoolchildren, challenging compulsory PCR testing as an emergency use authorization product that cannot be lawfully mandated.

The Southern District of NY held a preliminary injunction hearing January 14, 2021 it was denied. The lower court case is stayed since Plaintiffs appealed to the 2nd Circuit. Although NY schools no longer require parental consent to PCR testing as a condition for attendance, the case is not moot. It is capable of repetition, and requires review. Plaintiff’s Appellate Reply Brief is due last week of October 2021.

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NEW YORK STATE

Against NYS Health Commissioner for Statewide Mask Mandate

William Ouweleen v. Howard Zucker

Status: Filed 08/05/2021
Lead Attorney: Sujata Gibson
CHD Attorney: Mary Holland, Ray Flores

Summary

Plaintiff sought declaratory and injunctive relief to prevent the ongoing violation of his most basic rights, dignity, and safety. The NYSDOH lacks the authority to issue this Mask Mandate sua sponte, particularly after the enhanced emergency powers previously granted to the Executive branch have expired. This mandate is a clear violation of our most sacred laws under international law, federal law, and New York law.

Due in part to the lawsuit, New York State repealed the mask mandate a month early.

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NEW JERSEY

Against Rutgers University for Vaccine Mandate for Faculty, Staff & Students

Children’s Health Defense, Inc. et al v. Rutgers et al

Status: In progress; Amended complaint filed 10/19/2021
Lead Attorney: Julio Gomez
CHD Attorney: Mary Holland, Ray Flores

Summary

Challenge to mandate on many grounds, including natural immunity, EUA federal law, substantive due process.

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FEDERAL

Against FDA to Revoke COVID Vaccine EUAs & Refrain from Licensure

Children’s Health Defense v. FDA

Status: Motion to stay filed; Anticipating a hearing date
Lead Attorney: Ray Flores
CHD Attorney: Mary Holland

Summary

On August 31, 2021, CHD filed suit in Federal Court in the Eastern District of Tennessee against the FDA and Acting Commissioner, Janet Woodruff seeking vacatur of the August 23, 2021 Licensure of Pfizer’s currently unavailable Comirnaty vaccine.

This suit is the natural follow up to the Citizen Petition submitted by Dr. Meryl Nass and Robert F. Kennedy, Jr., on May 16, 2021 which received over 30,000 public comments (thank you!). The FDA’s August 23, 2021 denial cleared the way for attorneys Robert F. Barnes and Derek Jordan of Barnes Law along with RFK, Jr., to file suit on CHD’s behalf. The Complaint alleges one sole count, “Failure to Abide by Federal Law as Abuse of Discretion — APA 5 USC 706(2)(A)”

“Defendants’ arbitrary and capricious authorization of the Comirnaty vaccine gives the misleading impression to the public that the currently available Pfizer vaccine is fully approved, when in fact it is not. What is available, according to the FDA’s own admission is actually the EUA, liability-free product.

CHD filed an amended Motion to Stay and anticipates a hearing date.


FEDERAL

Children’s Health Defense v. Federal Communications Commission

Children’s Health Defense et al. v. Federal Communications Commission

Status: Appealed
Case number: 21-1075 Appeal
Lead Attorney: W. Scott McCullough
CHD Attorney: Mary Holland

Summary

CHD, together with Environmental Health Trust, sued the FCC for failure to update its insufficient guidelines from the mid-1990s regarding the health effects of wireless technology. The FCC’s failure to update the science that it uses in its decision has led to widespread injury. Oral argument before the DC Circuit Court of Appeals resulted in CHD’s Historic Win!

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Other Legal Updates

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