Lafayette, La. (KLFY) The lawyer who wrote the lawsuits against the Our Lady of Lourdes and Ochsner Lafayette General vaccine mandates is explaining why 80 Acadiana employees are against requiring the shot.

The 20 plus page lawsuits state their objection is not directed to the COVID vaccines, but to the mandate itself. The litigation against the Hospital Systems’ separate vaccine mandates says it “concerns two important principals, one a matter of settled Louisiana law and two a matter of scientific consensus.”

Attorney Jimmy R. Faircloth Jr. represents the plaintiff and says the first is what primarily concerns him.

He said, “Ultimately, what you have happens is you have a balancing contest. It’s the rights of these employees, which in this instance are Constitutionally based, versus the rights of the employer to impose workplace restrictions, and ultimately what you have here is a policy which has nothing to do with workplace safety.”

The lawsuit backs up the claim with several references including CDC guidance issued last month saying “Fully vaccinated people with Delta variant breakthrough infections can spread the virus to others.”

“Employers who thought they were making the decision at one time based on it prevents transmission and makes the workplace more safe are now having to realize it really doesn’t do that. So they have to figure out some other reason to claim why I am doing this, and they resort to two things: one, we’re trying to protect you against their self which they can’t do, and two, we’re trying to participate in this big public policy which is good for us all which is not a workplace safety issue,” Faircloth argued.

The lawsuit also questions why remote workers are also required to take the vaccine if the concern is workplace safety.

Faircloth told News 10, “They are not reasonable workplace restrictions. That’s the bottom line.”

Over 80 healthcare workers attached their names to either lawsuit. Their lawsuit argues “the good intentions of a private employer to influence public policy—right
or wrong—must yield to the fundamental rights of its employees to make their own health care decisions.”

Faircloth concluded, “That’s why I think the employers lose ultimately because I think the fundamental right of the employee in this circumstance overrides the employer’s interest to participate in some large public crusade.”

You can read the Ochsner Lafayette General vaccine mandate announcement, FAQs, and policy as well as the Our Lady of Lourdes FAQs in the links provided.

Faircloth said the first hearing will be in the Lafayette Parish 15th judicial district courthouse Thursday at 1 P.M. It should continue into Friday. The judge is Thomas Frederick in room 5e.

Read the Ochsner lawsuit here:Ochsner Vaccine Mandate LawsuitDownload

Read the Lourdes lawsuit here:Our Lady of Lourdes PetitionDownload

Read the full press release here:Suits Filed in Vaccine MandatesDownload

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