McB Logo White

Call Us

(213) 600-6077


2022 Jun 19Constitutional Litigation, Vaccine Mandate Litigation


Federal Judge Allows Vaccine Mandate Challenge under California Constitution to proceed.

Our challenge to the Covid vaccine mandate imposed by Los Angeles County against employees of the Los Angeles County Fire Department states valid claims under the California Constitution right to privacy and is allowed to proceed. A copy of the June 1, 2022 Order by Mark C. Scarsi, US District Court Judge, Central District of California is here.  A copy of our Second Amended Complaint is here.

Our theory of law under both the California and US Constitutions is that the vaccines are “new, novel, and unproven,” and therefore raise a privacy interest in bodily integrity and personal health:

The Covid Vaccines are “new.” The first vaccine was administered in the United States on December 14, 2020–eighteen months before the date of this pleading. By comparison, the first smallpox vaccine was administered in 1796 in England and 1800 in the United States. The first smallpox mandate was issued for school children in the State of Massachusetts in 1855.

The vaccines are “novel,” since they involve an experimental mRNA technology that deterministically generates antibodies to neutralize specific illness-causing proteins on the receptor binding domain (RBD) of the Covid-19 virus. By contrast, traditional vaccines (like smallpox vaccines) inject a small bit of a whole virus to teach the body’s immune system how to develop its own immunity antibodies (and t-cells) that can detect a comparatively broader scope of viral mutations.

The vaccines are “unproven.” Of 138 Covid Vaccine-related clinical trials currently ongoing in the United States, only one has published results ( Identifier: NCT04505722). This study’s results include 97 deaths out of 44,325 initial participants—and the study is still ongoing. Also, it is now undisputed that vaccines cannot neutralize at least 15 illness-causing proteins on the Omicron variant genome–in other words, the Covid vaccines are not working.

Discovery has commenced and the case is moving forward.




About the Author

Kevin McBride 07 Blog

Kevin McBride is a Commercial Litigation Attorney located in the fascinating city of Los Angeles, California, USA.

He is admitted into three California US District Courts (Central, Southern, and Northern), the US District Court for the District of Utah, the Ninth Circuit Court of Appeals, and the Federal Circuit Court of Appeals. McBride holds a BA degree in Economics from the University of Utah and a JD from the University of Utah College of Law, where he served on the Utah Law Review. He is a member of the Federalist Society and the Federal Bar Association.

Privacy Policy

Legal Notice

Email Us

Attorney Advertising.
Prior results do not guarantee a similar outcome.