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ORANGE COUNTY JUDGE GRANTS SCHOOL OFFICIALS THE POWER TO ABUSE STUDENTS DURING DECLARED “EMERGENCIES”
After two years of intense litigation, Judge Deborah Servino of the Orange County Superior Court suddenly changed her mind and ruled that the Placentia-Yorba Linda School District was immune from all liability for their abusive actions to students during the dark Covid era.
by Aria Morgan,
May 10, 2024
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We need your help for an URGENT Call to Action!

– Monday, May 13, 11:30 A.M.: We need as many folks as can make it to drive out to the Placentia-Yorba Linda Unified School District. Bring your signs and hold them high!

– We need as many folks as possible to also call the PYLUSD School Board. Contact information and sample letter/script provided!

SKIP DIRECTLY TO THE CALL TO ACTION:

This Google document grants anyone with this link VIEWER permissions. Instructions, sample letter, and Google Maps link all provided.


Remember Aidan Palicke?

This is about Aidan Palicke, the respectful, academically gifted student and captain of the track team who was targeted daily and sent to the principal’s office, bullied by students and isolated by teachers, forced to take his exams outside in forty degree morning weather wearing nothing but a T-shirt so he wouldn’t “infect” anyone else (despite no signs of disease), removed from campus, and ultimately forced into remote independent study against his wishes — all for simply standing his ground and refusing to change his formerly acceptable mesh mask, mid-year.

Aiden Palicke Free Now Foundation Discriminatory Lawsuit

Plaintiff, Aidan Palicke

DECLARED “MOOT” AND “IMMUNE”

Unnecessary and authoritarian Covid school “health” measures undeniably destroyed many students’ health and mental well-being, in addition to significant learning losses that will never been recovered. So how can an OC Judge both acknowledge that PYLUSD board members and other school officials may have engaged in actions that violated their students’ constitutional and civil rights, and clear California laws, but then go on to declare our entire case “moot”?

“In law, an issue or case being moot means that it has lost its practical significance because the underlying controversy has been resolved, one way or another.”
Cornell Law School

Recently, Judge Severino did a 180 about-shift from deciding in the plaintiff’s favor during two earlier hearings where defendants tried to dismiss the case – to now stating that the issues were now “moot” because they happened two years’ ago and that school board members and officials were entitled to full “legislative immunity” because they were purportedly making discretionary legislative decisions as a board and simply enforcing public health policies.

Except that the evidence collected during discovery CLEARLY shows that no official school board action was ever taken, meaning that there was no official school board decision made to enforce public health policy.  Instead, one ideologically extreme PYLUSD board member, Carrie Buck, acted in cahoots with the former Superintendent of Schools, Jim Elsasser, to change the PYLUSD mask policy mid-year in order to punish “conservative” students or students whose parents were vocal in opposing various Covid measures at the school. The evidence also clearly shows that board member Buck and former superintendent Elsasser engaged in actions to deliberately prevent any other board member from voting on this no-mesh mask policy – or from stopping the chaos and division that this policy immediately created throughout the district. What’s more, teachers and officials enforced this new policy only against certain disfavored students – while allowing favored students to wear any mask – or no mask at all.

This ruling not only provides cover for school officials who violate California laws meant to protect students’ right to an education – but also allows school officials to bully and openly target students based on their families’ political beliefs. It is shameful and we cannot allow it to stand!

DEFENDANTS ADMIT WRONGDOING BUT CLAIM IMMUNITY

The Covid years sadly showed that many elected officials and individuals in our public school system do not have the best interests of our children in mind, and in fact are using their positions of power for control, ideological conformity, and to advance dark agendas that have nothing to do with protecting our students or public health.

The tragic and clear implication of this ruling is that school board members, officials, and teachers can abuse their students, openly discriminate against some of them on the basis of political ideology or religious beliefs, and even remove students from in-person public school learning – despite numerous existing laws prohibiting this very behavior – as long as they do so under cover of a prolonged declared health emergency – and judges will not hold them accountable.

UPDATE:  BOARD MEMBER MARILYN ANDERSON GLOATS ABOUT THE WIN AGAINST AN ABUSED STUDENT

To add insult to injury, on May 7, 2024 at the PYLUSD board meeting, board member Marilyn Anderson, a defendant in the case, decided to gloat and announce the end of the Palicke lawsuit, to the applause of a few misguided – or deeply ideological – audience members.

These audience members were in fact applauding the shameful divisiveness of the Covid era, the selective enforcement of “health” policies against disfavored students, and the abuse and removal of PYLUSD students who had the courage to stand by their convictions.

Indeed, in a heartfelt letter to the long-suffering Palicke family, the current Superintendent of Schools for PLYUSD expressed his opinion that Ms. Anderson’s comments about the ruling were “abhorrent” and clearly made at the expense of the Palicke family. He also believes her comments were violations of the board’s bylaws and the Ralph M. Brown Act. (view the letter at this link).

We at Free Now Foundation agree.

And sorry to disappoint you, Marilyn, but this isn’t over yet. Not by a long shot. The “win” you received was not only a judicial error that will be overturned on appeal, but a pyrrhic victory. Do you really want to set a precedent of total immunity for abusive actions against students that force them to comply with “health” mandates that harm them? What does that say about you as a school board member – as well as a human being?

On the other hand, this response shouldn’t be surprising coming from another one of the perpetrators of this abhorrent behavior. Indeed, in deposition, former superintendent Jim Elsasser, when asked if he would implement other rules that would knowingly hurt PYLUSD students, answered in the affirmative: 

“Yes,” he smiled. “I’m a rule follower.”

Where have we heard this before?

Do not let history repeat itself – call the PYLUSD school board and express your outrage TODAY.


FOUR CALLS TO ACTION:

The Palicke family and Free Now Foundation, which continues to support this very important lawsuit that seeks to protect our children from ever being abused under the guise of a “health” emergency again, desperately need your help. In addition to attending our Monday press conference, to be held in front of PYLUSD headquarters at noon, please consider doing the following:

1.  Donate to our Palicke legal appeal fund.


2. Write or call every single member of the PYLUSD school board and express your disgust with this unjust ruling, which not only deprived plaintiffs of their day in court, but also sets the stage for further abuses of power and our children the next time any “emergency” is declared.

Access everything you need, including sample letter, contact info, and Google Maps link to Monday’s Press Conference. 


3. Show up in PERSON and help us in a show of solidarity! Bring your posters and hold them high!

Monday, May 13
Arrive at 11:30 AM.
Press conference starts at noon, sharp!

PLYUSD
Placentia-Yorba Linda Unified School District
1301 E. Orangethorpe Ave.
Placentia, CA 92870


4. Help spread the word – let them know that we will not allow those in power to abuse our children. 

You know they’re not done with you and your children.

You know they’re planning for pharma-big-tech biosurveillance totalitarianism.

You know you’re not going to allow your children to live under that dystopia.

So you’re going to call the PYLUSD board and express your views TODAY.

#justiceforaidan #dotherightthingPYLUSD etc.


Legal Counsel Nicole Pearson and Jessica Barsotti – IG LIVE regarding the Palicke Lawsuit

 

Background: Aidan’s Story and the Palicke lawsuit

One student specifically targeted by this discriminatory mask policy was Aidan Palicke, whose family filed a lawsuit after Aidan was permanently removed from Yorba Linda High School for wearing the wrong kind of mask. Aidan, a respectful, conservative, academically-gifted student and captain of the track team, was targeted daily and sent to the principal’s office, bullied by students and isolated by teachers, forced to take his exams outside in forty degree morning weather wearing a t-shirt so he wouldn’t “infect” anyone else (despite no signs of any disease), removed from campus, and ultimately forced into remote independent study against his wishes – all for simply standing his ground and refusing to change his formerly acceptable mesh mask mid-year. Aidan’s family filed suit in March of 2022, using up significant family savings in a quest to seek some form of justice for what happened to their child.

Eventually, the Palickes were able to get some financial support from non-profits Children’s Health Defense, California Chapter, and Free Now Foundation. Aidan’s lawsuit alleged that PYLUSD officials committed numerous violations of his and other students’ constitutional rights of privacy, bodily autonomy and the right to a public school education, but also numerous California laws that specifically prohibit school officials from removing students from school and forcing them into independent study programs against their wishes. These allegations were further supported by PYLUSD school board president, Leandra Blades, who testified in her deposition that the Blades-Elsasser no mesh mask policy was applied discriminatorily, selectively, and created “absolute chaos” and “trauma” within the district. Ms. Blades also indicated that although she and another board member, Shawn Youngblood, tried to call a board meeting to undo this unilaterally set “policy” by Buck and Elsasser, both Buck and Elsasser engaged in dirty tactics to prevent any other board member from weighing in or trying to change this divisive and selectively enforced mid- year policy change.

 

Aria Morgan

About the Author, Aria Morgan

Aria Morgan is the Managing Editor of Free Now Foundation. Aria is a passionate and accomplished editor with a diverse background in writing for various industries, including music, film, health and yoga, and with published covers and feature credits in national magazines. Aria is dedicated to protecting civil rights and promoting health and medical freedom, and is thrilled to be a part of the Free Now Foundation team.

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