VACCINATION MANDATE FOR SPORTS TO RECEIVE CHALLENGE

The San Diego Unified School District appears to be headed back to court with a ruling expected today on whether the district can mandate COVID-19 vaccinations for students involved in extracurricular activities.

San Diego Superior Court Judge John S. Meyer earlier said the district’s vaccination mandate for all students, which does not permit religious or personal belief exemptions, contradicts state law, because implementing such mandates without exemptions can only be imposed by the state legislature.

“Judge Meyer agreed with our legal arguments that school districts do not have the authority to mandate vaccines, they cannot force students into distance learning and personal belief exceptions for new vaccines are protected under California state law,” Sharon McKeeman, founder of the group Let Them Breathe, an offshoot of Let Them Choose, said Wednesday via text message.

Scott Giusti, director of physical education, health and athletics for San Diego Unified, said Tuesday the district believes Meyer’s ruling only applies to the actual school day and not extracurricular activities such as sports, band, drama and cheer.

“We think what San Diego Unified is trying to do is completely illegal,” said attorney Arie Spangler, legal counsel for Let Them Breathe. “Judge Meyer has already ruled and it doesn’t just cover certain classes of students. ... We expect a quick ruling.”

In addition, San Diego Unified suspended all activity for nonessential extracurricular groups for three weeks, meaning out-of-season sports can’t meet or practice.

In-season winter sports — boys and girls basketball, boys and girls soccer, boys and girls wrestling and girls water polo — are allowed to continue their seasons.