Federal judge rejects bid to block Oregon vaccine mandate
PORTLAND, Ore. (AP) — A federal judge on Monday denied a last-minute bid by more than three dozen state employees, health care providers and school staff to temporarily stop the state’s COVID-19 vaccination mandate.
U.S. District Judge Michael H. Simon rejected their motion for a temporary restraining order, marking the first federal judge’s ruling after several state court decisions thwarting similar efforts to block Oregon Gov. Kate Brown’s and the Oregon Health Authority’s power to require that certain workers to get the vaccines or risk losing their jobs, The Oregonian/OregonLive reported.
At least 10 vaccine mandate challenges have been filed in state and federal court since September.
“In the middle of a global pandemic while infections and hospitalizations continue at high rates, Plaintiffs are not likely to succeed in showing that their individual interests in remaining unvaccinated outweigh the State’s interest in public health and welfare,” the judge wrote in a 55-page opinion.
State workers have had two months to prepare for the governor’s deadline to be fully vaccinated, which came Monday for about 5,000 employees. It originally extended to about 43,000 executive branch employees, but the deadline for most is now Nov. 30 following negotiations with government employees’ unions.
The judge found the plaintiffs failed to show they will be irreparably harmed by the vaccine mandate. While he said some state employees may face firing for failure to be vaccinated, he added that “it’s still only money,” and they can get their job back or pay reinstated if they prevail in the case at a later point.
Among the 42 plaintiffs are nurses, doctors, teachers and school athletic coaches including a LifeFlight paramedic, a hospice nurse, dental hygienist and pharmacist.
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