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LOS ANGELES (CNS) - A judge has dismissed a retaliation claim that was the only remaining cause of action in a lawsuit filed by one current Beverly Hills firefighter and a former member of the department who both challenged the city's decisions in enforcing Los Angeles County's health care worker COVID-19 vaccination mandate.
Plaintiffs Josh Sattley, who was fired for not getting vaccinated, and Ettore Berardinelli Jr., who was granted a religious exemption and is still with the department, sued the city of Beverly Hills, Los Angeles County and Beverly Hills City Councilman John A. Mirisch.
On Sept. 19, Los Angeles Superior Court Judge Barbara M. Scheper granted the city's motion to dismiss Sattley's retaliation claim, the remaining cause of action in the complaint that she had pared in a separate ruling last December.
In her latest ruling, the judge found that Sattley had not used up his internal city grievance options before suing and that he did not present evidence supporting his claim that his termination was due to his social media criticism of the city's' policies.
Sattley's lawyers argued in their court papers that their client's social media posts challenging the city's COVID policies were "protected activity" because the messages involved some degree of opposition to or protest of employer conduct or practices he believed were unlawful.
In her earlier ruling, the judge dismissed Berardinelli's and Sattley's claims against the city for declaratory relief and both religious and disability discrimination.
"Here, plaintiffs have failed to allege requisite facts regarding the belief held by Sattley that conflicted with mandatory COVID vaccination," Scheper wrote.
The judge previously dismissed the county and Mirisch as defendants.
Dr. Muntu Davis, the county's health officer, issued an order in August 2021 requiring all health care workers in Los Angeles County get a COVID- 19 vaccine, including firefighters. While some employers have recognized requests for religious and medical exemptions, Beverly Hills wanted universal vaccination, according to the suit.
"It subjected firefighters who requested a religious exemption, like Mr. Sattley and Mr. Berardinelli, to cross-examination designed to undermine their credibility and to pressure them, under threat of prosecution, to give up their religious freedom and get the shot," the suit stated.
Although Berardinelli received a religious exemption that was extended in the fall of 2021, he has been under constant review by the city and subjected to retaliation, including being reassigned to a different job that receives fewer calls, the suit alleged. Berardinelli recovered from a COVID-19 infection and believes he has natural immunity, the suit stated.