4-H parents join class action lawsuit against Gov. Lujan Grisham, NMDOH
One plaintiff, Talisha Valdez, is the Union County’s renewal agent and a mother of two daughters who registered their 4-H animals at the state fair. According to the lawsuit, Valdez and her daughters are not vaccinated and will not be able to attend the fair due to health regulations.
Even if they tried to get vaccinated, court documents indicate there was not enough time: “If a child receives their first vaccination on August 18, that child is not fully vaccinated and can go through the New Mexico State Fair Grounds until August 22. Enter September “. , so 3 days after the end of the New Mexico State Fair. “
Valdez adds that her daughters spent at least 150 hours with their animals and spent over $ 9,000 preparing for the state fair. According to court records, more than 35 families are in the same situation.
The original filing also indicates that the state cannot mandate a vaccine that is not FDA approved under the Federal Food Drug and Cosmetic Act.
Because of this, they say they are being discriminated against and are demanding injunction, relief and damages as the public health ordinance is unconstitutional.
But in the response from the governor and the Department of Health, they say they have seen such lawsuits throughout the pandemic and cite similar cases where the judge ruled in favor of the Department of Health.
For example, they cite Indiana University students who told the Supreme Court that it was unconstitutional to require vaccines for school attendance, but the students lost that trial because “the defendants are on the side of the vast majority of the scientific community – including.” the CDC and the State Public Health Experts ”. – To the conclusion that Covid-19 vaccines are safe. “
The response also states that the plaintiff’s argument that they cannot prescribe the vaccine no longer applies as Pfizer vaccines “are now fully Food and Drug Administration approved” since the Health Ordinance first came out is.
The COVID-19 vaccination mandate is currently still in force for the state fair, and the fair starts next week on September 9th.