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AFLDS Files an Amicus Brief Challenging New Orleans Mayor Cantrell’s Public Accommodation Restrictions on the Unvaccinated

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02/19/2022

New Orleans, LA—America's Frontline Doctors (AFLDS) filed an amicus curiae brief to the state of Louisiana civil district court on February 18, 2022. The filing, in support of the plaintiffs in Andrews, et al. v. Cantrell, opposes the autocratic mayoral vaccine mandates requiring individuals to be vaccinated in order to enter and use public accommodations in New Orleans. 

Attorney David A. Dalia filed the amicus brief on behalf of AFLDS in support of the case brought by Attorney Laura Rodrigue and joined by Louisiana Attorney General Jeff Landry against New Orleans’ mayor LaToya Cantrell. Cantrell had issued a “Mayoral Proclamation to Further Promulgate Emergency Orders… Due to Covid-19” on April 15, 2020. The executive action has remained in place despite scientific evidence showing it is irrational.

The brief cites AFLDS doctors and medical specialists who advise utilizing evidence-based determinations to set policy to deal with Covid. Evidence shows that natural immunity is superior to vaccine immunity, with waning immunity a major drawback associated with the Covid injections. 

AFLDS makes clear that the injections are actually treatments. Attorney Dalia’s brief lists several experts who recognize the reality that the Covid injections do not serve the traditional purpose of vaccinations, to stop transmission and provide immunity. The list includes NIAID Director Dr. Anthony Fauci, WHO Chief Scientist Dr. Soumya Swaminathan, Moderna Chief Medical Officer Dr. Tal Zaks, and Oxford vaccine team lead Professor Sir Andrew Pollard, among others. Dr. Martin Kuldorff, Professor of Medicine at Harvard Medical School, makes the point clearly, “The bottom line is that these vaccines do not prevent transmission.” 

Dr. Sunetra Gupta, Infectious Disease Epidemiologist states, as noted in the brief, “[I]t is really not logical to use [these] vaccines to protect other people… I don’t think they should be forced … simply because this vaccine does not prevent transmission. So, if you just think of the logic of it, what is the point of requiring a vaccine to protect others if that vaccine does not durably prevent onward transmission of a virus.”

“There is simply no precedent in law for mandating healthy people take an injection that is temporally associated with hundreds of thousands of adverse events including heart attacks, stroke and death,” stated AFLDS founder, physician and attorney, Dr. Simone Gold. “It is the consensus that the injections don’t stop transmission or prevent infection. Numerous doctors and medical scientists attest to the fact that there are safe and effective alternative treatments. The mayor’s policy is arbitrary and counterproductive, and the mandates must stop.”

Attorney Dalia argues, “The standard for evaluating an executive order such as the mayor’s proclamation is that it must be rational. And it fails to meet this basic requirement. The vaccine doesn’t create immunity. Even the FDA has classified these injections as ‘therapeutics.’ Under substantive due process analysis, the court must show that the action taken must be narrowly tailored to serve a compelling state interest. The mandate, and the proclamation, is anything but.” 

Other states have already voluntarily dropped their mandates. D.C.’s Mayor Muriel Bowser ended its mandate affecting venues effective February 15, 2022. Florida similarly dropped its mandate. Recently, the Supreme Court struck down the OSHA mandate, ruling it as outside the authority of the executive agency. Attorney Dalia similarly argues, in addition to the constitutional arguments, the Mayor’s Proclamation is specifically forbidden by Louisiana state law which delegates to the legislative branch such measures. 

A preliminary injunction hearing is scheduled for March 3, 2022.

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