Firefighters4Freedom Foundation v. City of L.A. CA2/7

INTRODUCTION

In 2021 Firefighters4Freedom Foundation, a nonprofit corporation representing 529 firefighters, sued the City of Los Angeles over the City’s COVID-19 vaccine mandate for City employees. Firefighters4Freedom sought declaratory and injunctive relief based on allegations the vaccine mandate exceeded the City’s authority under its police powers, violated the firefighters’ right to privacy under the California Constitution, and violated the firefighters’ due process rights. Firefighters4Freedom appealed from the judgment of dismissal after the trial court sustained the City’s demurrer to the complaint without leave to amend. We reversed, holding the trial court erred in taking judicial notice of the truth of statements in documents the City asked the court to judicially notice. Following remand, the Los Angeles City Council rescinded the vaccine mandate, and the trial court granted the City’s motion for judgment on the pleadings on the ground the lawsuit was moot. Firefighters4Freedom again appeals from the judgment. Firefighters4Freedom argues its action is not moot because the City never declared the vaccine mandate unlawful or unconstitutional, the court can still…