What started as a temporary means to protect the community from unknown risks of a virus has turned into a circus of mandates that no longer make sense to any rational person. Enough is enough. People all over our great State who live, work, and worship in New Orleans are united in this effort to take back control of their lives and families.
Laura Cannizzaro Rodrigue
February 1, 2022
New Orleans Mayor Sued Over COVID-19 Vaccine Passports
[I’m interested to see the result of this. The entire State of Washington has a mask mandate, could such a lawsuit be successful in Washington?
Here is the legal basis in Rodrigue’s lawsuit:
This is an action for declaratory and injunctive relief challenging Defendants’ issuance and enforcement of mandates for vaccination and mask usage in the City of New Orleans in violation of individual constitutional liberties and the separation of powers. First, the vaccinate-or-test mandate violates La. Const. art, I, § 5 by infringing on the fundamental right to privacy with overly broad restricts lacking no accommodation for religious objections, personal or philosophical choice, natural immunity, medical contraindications, or the wide range of factors influencing the severity of the disease process. Second, the vaccinate-or-test mandate denies equal protection under La. Const. art. 1, § 3 by classifying persons based on vaccination status and threatening to punish the exercise of a fundamental right in order to coerce compliance. Third, the mask mandate is unconstitutionally vague and overly broad, and thus fails due process under La. Const. art. 1, § 2. Fourth the third-party enforcement provisions offend due process under La. Const. art. 1, § 2 by unlawfully conscripting private persons into the role of public enforcement officers under the threat of criminal and regulatory sanctions and the denial of municipal services. Finally, the Mayor’s emergency orders violate the separation of powers under the State constitution and the City Charter by purporting to enact law without legislative authorization.
I found this interesting and may mean such a lawsuit in other jurisdictions would fail even if this one succeeds:
Louisiana’s constitutional right to privacy “is one of the most conspicuous instances in which our citizens have chosen a higher standard of individual liberty than that afforded by the jurisprudence interpreting the federal constitution.”
The right to privacy under Article I, § 5 includes “the right to decide whether to obtain or reject medical treatment.”
And, of course, the city will drag their feet for months or years and try to make the case moot before it can be decided.—Joe]