Childers asks County to remove vaccine requirement for new hires

County commission at December 7 Special Meeting


Attorney Jeff Childers has sent a letter to the Alachua County Commission, asking them to remove a notice posted on the County’s job posting site that says, “Effective immediately all new hires will be required to be Covid 19 vaccinated. An offer of employment is contingent on proof of vaccination.”

Childers writes that the requirement is “expressly forbidden by Florida law” and then quotes the statute passed as part of HB 1 in the November 2021 Special Session: “a governmental entity may not impose a COVID-19 vaccination mandate for any full-time, part-time, or contract employee.”

Childers points out that the rule provides for a fine of up to $5,000 per employee: “It would be interesting to find out how the state would calculate such a fine in the case of citizens denied employment by the unlawful policy.” He also writes that 42 U.S.C. § 1983 provides for individual liability for public officials in a civil suit: “In other words, an unvaccinated job applicant refused employment could sue you, individually, for damages calculated by lost wages and opportunities. Under applicable law, you would not be permitted to use state funds to defend yourself from such a suit.”

On November 19, a judge issued a writ of mandamus ordering Alachua County School Board members to follow the law on school mask mandates. Childers warns the County in his letter that if they do not come into compliance with the law on their job postings, “I will have no choice but to file a petition for writ of mandamus against you. Once it has been granted, that will establish that you acted unlawfully in denying job opportunities to unvaccinated citizens, and clear the way for § 1983 relief for any person who will swear they would have applied but for the expressed policy.”

The letter does not give the County a deadline. The letter can be read here.

  • While I applaud Mr. Childers’ efforts, if they follow their prior modus operandi his request is bound to fall on deaf ears.

    After all, this is the same commission that refused to hire an individual for being white.

  • Where’s Mark Sexton the county spokesperson now?
    The county is so bad. The county should be ashamed
    Of their medical tyranny…geez, the county is worse than
    The city on this…and someone was saying that the city
    Was worse when it came to citizens being able to speak.
    What’s the official statement on this Mark? Is the county going to comply with state law?

    • I think these county commissioners need to get a quick
      Drug test & breathalyzer before they start public meetings…they want Covid testing? Ok. Drug testing
      Weekly for all county employees including commissioners too…anyone who applies for affordable housing AKA free housing and homeless getting
      Benefits from Grace should be drug tested. If positive,
      Then baker acted right to meridian so they can get the help the need.

    • Pretty sure they have Thelma, Shaggy & the rest of the crew looking for ways to circumvent the law.

      They will always believe…

  • You are dealing with a contingency of mentally impaired robots! The County Commies suck! Let them be sued!

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