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Charleston Mayor John Tecklenburg is the subject of a lawsuit filed Sept. 23, 2021, by dozens of Charleston city employees over the city's vaccine mandate. File/Brad Nettles/Staff

Nearly 70 employees with the county and city of Charleston have filed separate lawsuits against their respective governments over COVID-19 vaccine mandates.

The two lawsuits, one filed against six Charleston County Council members and the other filed against Charleston Mayor John Tecklenburg, accuse the governments of violating the state’s constitution and common law, as well as the U.S. Constitution, specifically the 14th Amendment giving Americans equal protections under the law.

Lawsuit against Charleston Mayor John Tecklenburg.

They were both filed Sept. 23 in state court in Charleston.

The lawsuit filed against Charleston County featured 14 Charleston County sheriff’s deputies — three of whom were listed as “John Doe.” The remaining 11 plaintiffs were a mix of county employees and vendors, including one identified as "Jane Doe."

The lawsuit filed against Tecklenburg and the city featured 44 plaintiffs, including 28 firefighters; six police officers; and 10 employees working in departments such as engineering, horticulture and tree maintenance. Three plaintiffs chose to remain anonymous in the suit.

The mayor on Sept. 3 issued a mandatory COVID-19 vaccine policy requiring all city employees, volunteers and interns to be vaccinated by Nov. 22. Compliance with the policy is a condition of continued employment, according to the city’s order.

Plaintiffs “who want to exercise control over their own medical treatment” are “being forced to choose between their rights, privileges, and liberties as citizens” and “their employment, careers, and financial futures,” the suit against the city claims.

The city’s acceptable exemptions from the policy are for religious and medical reasons, according to the order.

“The safety of our employees and the citizens we serve is always our first priority,” city spokesman Jack O’Toole said. “For that reason, it is our hope that the judicial system will address these issues quickly so we can move forward with the measures needed to protect our workforce and our community.”

Suit seeking injunction against Charleston County.

The lawsuit filed against six County Council members — Henry Darby, Anna Johnson, Kylon Middleton, Teddie Pryor, Herb Sass and Robert Wehrman — is structured similar to the city’s. The nearly 70 employees are being represented by the same three attorneys.

The six County Council members voted to pass the vaccine mandate Sept. 2. All of the county's employees, volunteers and interns must be fully vaccinated by Nov. 7 to continue working for the county, according to its mandate.

County employees are permitted to file exemptions to the policy based on medical or religious reasons, subject to approval, according to its mandate.

The 25 plaintiffs “are being forced to choose between their rights, privileges, and liberties as citizens on the one hand and their employment, careers, and financial futures on the other,” the suit alleges.

The county does not comment on pending litigation, spokeswoman Kelsey Barlow said.

Plaintiffs in both lawsuits seek a temporary restraining order and preliminary injunction to their governments' vaccine policies. If granted, the vaccine mandate would be made null as the case works its way through the court system.

"The wheels of justice move very slow," said Tom Fernandez, an attorney representing the plaintiffs.

A restraining order would temporarily put the vaccine mandate on hold for all city and county employees until a judge can make an ultimate decision either in favor or against the plaintiffs, he said.

Fernandez hoped a judge would be able to set a hearing for the injunction within the next week or two because the November deadline is quickly approaching, he said. The lawyer stressed how the plaintiffs are people who believe in personal autonomy and personal health freedom, and wish to make choices about vaccines for themselves.

Fernandez, along with one of the two other lawyers representing the plaintiffs, also filed a lawsuit Sept. 13 on behalf of over a dozen city of North Charleston employees concerning the city's vaccine mandate. It named North Charleston Mayor Keith Summey and the city as co-defendants.

The lawsuits were filed Sept. 23, one day before the S.C. Department of Health and Environmental Control released data confirming more than 12,000 South Carolinians have died from COVID-19 since the pandemic began.

DHEC reported 2,602 new confirmed COVID cases on Sept. 24, bringing the total to more than 675,000. The state’s rate of positive tests sat just below 10 percent, and more than 80 percent of ICU beds were filled.

Only 51.1 percent of eligible South Carolinians are considered fully vaccinated — slightly below the national average of 55 percent.

Call Jocelyn Grzeszczak at 843-323-9175. Follow her on Twitter at @jocgrz.

 

 

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