Judge Monica Brasington of the 8th Judicial Circuit Court has issued a temporary injunction against the city of Gainesville’s COVID vaccine mandate. The decision indicates a slight, early victory for employees who are seeking to not receive the vaccine.
Brasington said in her ruling that the city did not provide ample evidence showing a vaccine mandate serves “a compelling interest through the least restrictive means.” She also said the city bears the burden of proof to determine that the mandate is in the best interest of the public.
The attorney representing the employees, Jeff Childers, argued using multiple previous cases that employees reserve the right to refuse medical treatment and the vaccine qualifies under that categorization.
“We’ve already seen that all Florida courts agree that compelled medical treatments intrude into a citizen’s legitimate expectation of privacy,” Childers said. “I’ve quoted a U.S. Supreme Court (decision) in my brief that said that absolutely anything that pierces the skin invades the right of privacy.”
Daniel Nee, attorney for the city of Gainesville, said the plaintiffs’ arguments were not properly expressed in the formal complaint.
“What we have is an analysis that has been spelled out that frankly is difficult if not impossible to find in the complaint,” Nee said. “All actions, including this preliminary injunction, start with the complaint. And in this petition, I don’t think we find the argument set forth before the court today in a clear fashion to which we could really mount an effective defense.”
Earlier this month, Florida Gov. Ron DeSantis made clear his efforts to fight vaccine mandates.
“We are here today to make it clear that we are going to stand for the men and women who are serving,” said DeSantis. “We are not going to let people be fired because of a vaccine mandate.”
The plaintiffs also had a list of witnesses to testify against the city, and they called only one who was denied a religious exemption after working for the city’s utilities division for over a decade.
“This is an area surrounded by employers who are not mandating the vaccine, so many good employees have already left because they don’t want to deal with the stress that this is causing on them and their families,” the employee said. “With deep spiritual conviction, I have prayed fervently about this issue. I have met with my pastor and prayed with my pastor about this matter. I have been moved by the Holy Spirit.”
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Grant Holcomb is a reporter at the Florida Capital Star and The Star News Network. Follow Grant on Twitter and direct message tips.
Photo “Judge Monica Brasington” by Florida Supreme Court.
