A San Francisco Superior Court judge ruled against the San Francisco Board of Education Thursday, dealing another blow to the embattled school board that can hardly afford the attorneys fees it's incurred.
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On February 25, 2021, San Francisco Superior Court Judge Ethan
Schulman denied applications for preliminary
injunctions in their entirety requested by two plaintiffs, thus
leaving in place the California Division of Occupational Safety and
Health s (Cal/OSHA) COVID-19 Emergency Temporary
Standards (ETS). The ETS took effect on November 30,
2020.
Judge Schulman found that the plaintiffs had not met their
burden of showing that they would likely prevail on the merits of
the case. He concluded that Cal/OSHA s Occupational Safety and
Health Standards Board had the authority to promulgate the ETS
On February 3, 2021, we blogged about “
The Challenge to the Cal/OSHA Regulations is Rejected
That day has come, and last week Judge Shulman (in a 40-page decision) emphatically and unambiguously denied the parties’ request for a preliminary injunction, in its entirety. Judge Schulman’s opinion pointed out how Cal/OSHA issued the emergency regulations “[o]n November 30, 2020, as the COVID-19 pandemic surged out of control in California and across the country…,” and “[n]ow as the United States passes the grim milestone of half a million deaths from the pandemic, Plaintiffs in these related cases … seek a preliminary injunction restraining the Board from enforcing the ETS Regulations.
San Francisco Judge Denies Injunctive Relief Allowing Cal/OSHA COVID-19 Emergency Temporary Standards to Remain in Place Friday, March 5, 2021
On February 25, 2021, San Francisco Superior Court Judge Ethan Schulman denied applications for preliminary injunctions in their entirety requested by two plaintiffs, thus leaving in place the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS). The ETS took effect on November 30, 2020.
Judge Schulman found that the plaintiffs had not met their burden of showing that they would likely prevail on the merits on the case. He concluded that Cal/OSHA’s Occupational Safety and Health Standards Board had the authority to promulgate the ETS because the COVID-19 pandemic had created an emergency. The judge held that the court was required to accord “substantial deference” to the agency’s finding of an emergency, and he declined to “second-guess” the Standards Boa