Explainer-Florida plans to end all vaccine mandates: Who could challenge the move?

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By Diana Novak Jones

CHICAGO (Reuters) -Florida plans to end all state vaccine mandates, state officials have said, alarming public health experts concerned the move could trigger outbreaks of certain infectious diseases. Here is a look at how the plan might be challenged in court.

WHAT IS THE STATE DOING?

Florida’s Surgeon General Joseph Ladapo, who announced the move on Wednesday, said the state will end all vaccine mandates, including for students. Ladapo said his agency would roll back mandates for a half dozen or so vaccines under its authority, but did not specify which vaccines that applies to.

Ladapo, along with Florida Governor Ron DeSantis, cast the issue of vaccination as one of personal choice.

WHEN COULD THE MANDATES END?

Ladapo has not provided specifics about the regulatory process for repealing mandates for the vaccines under his authority. Some vaccines in Florida are required by state law, which only the legislature can change. Ladapo said his office will need to work with the Republican-dominated Florida legislature on a broader package of reforms. The legislature does not convene until January,  and prospects for passing legislation needed to end the mandates are unclear.

WHO COULD CHALLENGE IT? 

While multiple advocacy groups told Reuters litigation was not off the table if the mandates are eliminated, one said it will focus on the legislative process in Florida first. If the mandates are rolled back, legal experts who work on vaccine policy issues said parents of disabled or immunocompromised children, or groups representing them, could potentially be the first to sue, as those children will be most vulnerable to infectious diseases if vaccine mandates end. Parents of school children, teachers, teachers unions, and vaccine advocates may also bring challenges, they said.

WHAT KIND OF LEGAL CLAIMS COULD THEY HAVE?

If Ladapo initiates a regulatory process to eliminate the vaccine mandates within his agency’s purview, a challenger could argue the action is arbitrary and capricious and not based in science, one legal expert said. Other experts said parents of disabled or immunocompromised children could bring disability discrimination claims or argue the children’s rights to due process and equal protection under the U.S. Constitution are being infringed. Florida students may be able to argue that the state is failing to meet its duty under the state constitution to provide a “safe” education environment, an expert said.

WHAT DEFENSES WOULD THE STATE HAVE?

If an administrative action is challenged, the state could argue it adequately considered its decision and present evidence that it says supports it. Several experts acknowledged that suing the state would be difficult, and courts have historically been deferential to state agencies when public health policies have come under attack. 

WHO ELSE COULD BE SUED?

Any lawsuits over the end of the mandates are far in the future. But some experts said daycares, schools, or healthcare facilities could also face potential liability if they do not require people entering their premises to be vaccinated and a disease spreads, causing death or injury. 

(Reporting by Diana Novak Jones, Editing by Alexia Garamfalvi, Rod Nickel)