Mikhail v. LA County Dept. of Public Health

MIKHAIL V. LA COUNTY DPH

Case Overview

On July 15, 2021, the County of Los Angeles Department of Public Health, through its Health Officer Dr. Muntu Davis, announced that the County would reinstate its indoor mask mandate effective 11:59 PM on Saturday, July 17, 2021, in response to a reported rise in the Delta variant of the COVID-19 strain across the County.In doing so, Dr. Davis made clear that the Health Officer Order will apply to everyone, regardless of COVID-19 vaccination status, by noting that “we’re not where we need to be for the millions at risk of infection here.” Yet, as the CDC and the County both recognize, vaccinated individuals’ risk of either infection or transmission is extremely low. Further the County is less than ten percentage points from vaccination levels experts consider having reached herd immunity. In short, the County has no rational basis and no authority for the Health Officer Order.