The Air Force was banned from penalizing airmen who applied for an exemption for religious reasons from the Biden administration’s vaccination requirement, according to Thursday’s preliminary injunction by Judge Matthew W. McFarland from the Southern District of Ohio.
The injunction came close to two weeks after McFarland issued a temporary order of restraint against the Air Force from taking punitive action against those airmen.
The Air Force has failed to make any “persuasive arguments” about why the Court shouldn’t extend the existing Preliminary Injunction that forbids the Air Force from penalizing a group of plaintiffs, according to McFarland.
“The Court emphasizes that the judicial branch is expressly invested with the duty of stating what the law is. As a result, because the court sees a pattern of abuses against Airmen’s constitutional rights to be able to practice their faith as they choose, it has no problem extending the existing preliminary injunction to all Class Members.”
“Proud to announce that our firm, along with Chris Wiest and Tom Bruns, just won a national preliminary injunction that prohibits the space force, Air National Guard, and Air Force, from punishing service members who declined a C19 V for religious reasons.” That was tweeted by Aaron Siri, whose firm represented the plaintiffs.
The order also stated that the Air Force, which includes their agents, servants, officers, employees, and attorneys, as well as other persons who have received notice of this preliminary injunction, are PRELIMINARILY ENJOINED from:
“(i) Continuing any separation or disciplinary actions against any members of the Class for refusing to get the COVID-19 shot, while maintaining the existing temporary exemption; such separation or disciplinary measures that include, but they are not limited to, ‘non-judicial punishment’ ‘adverse administrative actions,’ and ‘administrative demotions,’ as well as courts-martial that are for the benefit of the Defendants.”
“Defendants, as well as any individual acting in concert with them, are ordered and prohibited from taking any unfavorable action against a member of the Class on account of this case or his request for religious accommodation regarding the COVID19 vaccine. “