Ninth Circuit Affirms Dismissal in Favor of City of Pasadena in COVID-19 Workplace Policy Challenge

On October 5, 2026, the U.S. Court of Appeals for the Ninth Circuit issued a published opinion affirming dismissal of all claims against the City of Pasadena and several City officials and employees in Schmidt v. City of Pasadena (No. 25-488).

The plaintiff, a City employee, received a religious exemption from the City’s COVID-19 vaccination requirement. He then challenged the weekly testing and masking requirements that applied to those with exemptions.

The Ninth Circuit held that the City and its employees are immune from all of the plaintiff’s claims under the Public Readiness and Emergency Preparedness (PREP) Act. That federal law protects those who administer covered medical countermeasures during a declared public health emergency. The Court found that the testing at issue and the mask requirement were covered countermeasures. The Court also clarified that PREP Act immunity depends on the type of injury alleged, not on the category of legal claim pleaded. The court also affirmed the district court’s denial of the plaintiff’s motion for reconsideration.

The decision is precedential. It gives government agencies statewide and across the Ninth Circuit clear guidance that covered pandemic-era testing and masking programs fall within the PREP Act’s protections.

Meyers Nave represented the City alongside the Pasadena City Attorney’s Office. The Meyers Nave team included Deborah Fox, Margaret W. Rosequist, and Matthew B. Nazareth.