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March 8, 2021 (Children’s Health Defense) — On March 2, U.S. District Court Judge Paul G. Gardephe denied the motion for preliminary injunction to end mandatory polymerase chain reaction (PCR) COVID-19 testing and to reopen New York City (NYC) schools.
The plaintiffs in Aviles v. de Blasio are Children’s Health Defense (CHD) and parents of schoolchildren. The suit challenges NYC policy that children whose parents who do not consent to in-school testing cannot attend school and can have access only to remote learning.
The judge said that the reopening issue is moot because by now all NYC elementary and middle schools have reopened, at least partially. Plaintiffs disagreed, as their children still cannot attend school.
He further stated (in footnote 13) that because the random testing program is based on parental consent, it is lawful.
Nasal swab PCR tests, which are classified as medical devices, are “emergency use authorization” (EUA). Under federal law, when the U.S. Food and Drug Administration grants EUA, it means the medical device remains experimental with no assurance of its effectiveness.
Indeed, while the judge and NYC authorities acknowledge that PCR testing
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