City of Gainesville employees respond to the City’s motion to vacate the injunction

File photo: Nicole Winningham and Michelle Kelley display “Fire wives against mandates” signs on September 13

Press release from Childers Law, LLC

After informing the State of Florida last week that it was dropping its vaccine requirement for employees, the City filed a “motion for reconsideration” this week asking the court to reverse its injunction of the mandate. In its Motion, the City re-raised a number of arguments that it had already made at the hearing and asked the Court to vacate, or cancel, the injunction. Today, the employees filed their response, denying that there are any grounds to reconsider and vacate the injunction.

Attorney Jeff Childers represents the City’s employees in the lawsuit. After filing the employees‘ response, he said, “There was nothing new or surprising in the City’s motion to reconsider the injunction. We responded to it appropriately, reiterating and expanding on our arguments from the hearing.“

On Wednesday, September 22, the Court enjoined the City’s vaccine mandate and ordered the City not to discipline or fire any employees on account of the policy. The crux of the Court’s order was based on the Florida Constitution’s right to privacy, which includes a right to refuse unwanted medical treatments. The City has argued that its employees have no legitimate expectation of privacy when they’re at work.

Once the parties have set a hearing on the City’s motion, the Court will make a decision about the City’s request.

City of Gainesville’s Motion for Reconsideration

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Amended Response to the City’s Motion for Reconsideration