A superior court judge has denied a restraining order from the Los Angeles Fire Department Union to postpone enforcement of the city’s vaccine mandate.
The verdict was “a victory for public health and safety in Los Angeles,” the City Atty said. Mike Feuer said in a statement.
“The court recognized the desperate situation we find ourselves in and the damage that compliance with the vaccine mandate may have caused,” Fire said. “Aside from this case, the presence of the highly contagious new variant here in Los Angeles underscores the importance of vaccinating our first responders, yes, vaccinating everyone.”
The firefighters union filed a lawsuit in November requesting that the vaccination mandate, which is due to take effect on December 18, be postponed to allow for proper negotiation procedures. The union had requested a court order preventing the mandate from being enforced.
“The court determines [United Firefighters of Los Angeles City Local 112] it did not require substantial evidence of irreparable harm to involve a public entity in the performance of its duties, ”wrote Los Angeles Supreme Court Justice Mary H. Strobel in her sentencing Friday.
Strobel later wrote: “There is also evidence that the COVID-19 pandemic has put considerable pressure on city firefighters and has even resulted in the death of two of its members.”
An attorney for the firefighters union argued that the union was not against the mandate or the validity of the regulation, but that the city had not bargained fairly.
Attorney Dana Martinez added that around 400 firefighters could be given unpaid leave by the end of this month. The union filed a complaint with the City of Los Angeles Employee Relations Board and requested a court order pending resolution of this dispute. The union claims the city poorly negotiated the mandate.
City workers have until Dec. 18 to request exemptions from the mandate and argue why they cannot get vaccinated. If they don’t, they could take unpaid leave and potentially lose their jobs.
Last month, Freddy Escobar, president of the United City of Los Angeles Firefighters, 112, said the Los Angeles Fire Department could experience a loss of resources and staff positions, similar to budget cuts at the department during the economic recession of 2008.
The department is investigating an incident in which a firefighter “responded inappropriately” after receiving a letter stating that the city was complying with the city’s vaccination mandate, a department spokeswoman said Wednesday.
In September, a separate group of 500 Los Angeles firefighters filed a lawsuit against the city for demanding that LA workers get vaccinated against COVID-19.
The City Intelligence Service contributed to this report.
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