Remember Aiden Palicke, who was forced to take his exams outdoors, in the rain, in 40 degree temperature, wearing nothing but a T-shirt? And all because his school claimed he wasn’t wearing the proper kind of mask, even though other students and staff wore the exact same kind.
Update to Our Palicke Mask/Indie Study lawsuit
We are heading to trial, folks! Last year, on behalf of our clients Chris Palicke and Children’s Health Defense-California Chapter (now renamed as the independent Free Now Foundation), we filed a lawsuit against Placentia-Yorba Linda Unified School District (“PYLUSD”) and its defendant employees for imposing a harsh and unlawful “no mesh mask” policy mid school year and then banning certain children who would not comply from school and forcing them into at-home independent study.
After two rounds of defendants attempting to dismiss our lawsuit via demurrers, on April 21, 2023, the Orange County judge in our case ruled that our lawsuit is sound and that our clients are entitled to continue to pursue their claims in court.
This is a big victory!
Specifically, the judge ruled that our claims seeking injunctive and declaratory relief for unlawfully and fraudulently expelling/suspending children from PYLUSD schools and forcing them into independent study in violation of several provisions of the California Education Code survive demurrer. In addition, our claim that PYLUSD has been conducting an unlawful human experimentation in violation of Health & Safety Code sections 24170-24179.5 survives demurrer. Similarly, our claim alleging a violation of the Right to Education under Article IX of Constitution survives demurrer. And, the Palicke family’s claims for damages for violation of the Right to Privacy, Negligence, and violation of the Bane Act, all survive demurrer. While the judge sustained the demurrer as to some of the causes of action, overall, we consider this a large win for our clients. We now intend to delve into the fact-finding phase of this lawsuit, including conducting written discovery, depositions, and document production to aggressively pursue our clients’ claims.
Thank you for your continued support of our legal team in this fight to protect all children in California. Please consider making a contribution to this endeavor by clicking on the “Contribute” tab on our website.
Why this lawsuit? Why now? Haven’t all mask mandates been dropped?
This lawsuit is critical in establishing precedent, so as to prevent future acts of discrimination. Not only was Aiden Palicke removed from the classroom for no medical reason (he was perfectly healthy, no signs of disease) Palicke was made an example of and suffered harassment and humiliation due to being singled out.
The Placentia Yorba Linda Unified School District abused the education code and termed Aiden “a clear and present danger.” They removed him fraudulently on these provisions. Educational codes do not allow schools to remove students for defiance. Placentia-Yorba Linda Unified School District had to PROVE that Aiden was a clear and present danger. They could not, because he was not.
Palicke endured what no student should ever have to endure: segregation from his fellow classmates for fraudulent reasons.
Help us establish legal precedent and stop medical discrimination in California schools.
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.