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Posted on 10/09/2021 9:13:29 AM PDT by Lazamataz
From September 30, 2021 presentation by Clint [redacted]
Email: [Redacted]
Disclaimer: comments by Clint [redacted] recorded here, should be viewed like something you would hear at a seminar. Since we have not yet hired Clint to represent us, his guidance is not specific legal advice to you individually or this group.
Clint’s initial message to us – about challenging mandates -- was a bitter pill, but it does clarify some things and help us focus on the things that matter. The more important discussion covered was how to successfully acquire an exemption, especially a religious one.
EEOC and Legal Challenges to Mandates
Takeaway: No viable path to stopping corporate’s mandate through the legal system (a good attorney will never say never, but the odds are long)
o EEOC is the enforcement agency
o EEOC updated its guidance in May to say that employers can require vaccinations as a condition of employment, subject to certain limitations
Takeaway: Courts and EEOC have affirmed that there are some limitations to a mandate:
o Example avenues for Religious Exemptions (you may find another)
§ Pro-life concerns about connections to aborted fetal cells
§ My body is a temple of God and I need to be discerning about what goes into my body.
o Can substitute a lawyer letter that explains why a clergy letter is not necessary and Clint [Redacted]t is willing to help with this type of letter
o Court said that since IU was not in fact mandating vaccinations because students had other choices and upheld the University mandate
o Appealed to Circuit Court and upheld
o Appealed to SC and Justice Barrett rejected appeal, letting the lower court ruling stand
o Issue was whether an employer could modify their conditions of employment after hiring someone. Constitutional claims dismissed because the employer was not acting as the government.
o Court went on to talk about Civil Rights Act protections
§ Suspicions about efficacy and risks cannot override the law.
§ Acknowledged that science can be wrong, but when it is preventing disease there is a lot of leeway.
§ Every employment includes limits on the employees behavior in exchange for renumeration.
§ If an employee believes his/her civil liberties are … they should exercise their right to seek other employment.
o Do not have to be residents of KY unless there is some special state statute that intervenes.
o Clint thinks it is reasonable to overturn this since Corporate has clearly established in that last 18 months that people can be WAH.
o This is a state by state issue and not Clint’s expertise
o KY certainly allows for disqualifications for insubordination, misconduct
o Employee needs to make it clear they want to keep their job and continue working and that is why they submitted an RE
o If you resign voluntarily, then you are not eligible for unemployment
o He believes this will be challenged
o Most of the legal cases here were before any vaccine had FDA approval and the courts still upheld mandates.
o The EUA statute applies to medical provider. And the IU cases, the judge said it is really not a mandate.
o He doesn’t know that this has been answered. There is suggestion that there should be responsibility. Some have suggested asking the employer if I am willing to do this, are you willing to compensate me for adverse reaction.
o He believes the EEOC would support this person because they learned something new.
o The one case he knows of settled pretty quick in favor of the plaintiff who was arguing that he did not need a vaccine because he had antibodies.
o When the situation seems to require something the law doesn’t require.
o Helps to have numbers either named or unnamed.
Thank you Laz
Thanks!
FREEPMAIL.
Sod off Glowie.
You should have been banned long ago.
The Federal Government does NOT have the right to impose mandates; the states do.
The standard appears to be Jacobson vs. Massachusetts.
The reason that applies is.
It was during a pandemic - SMALLPOX. Which had a 30% FATALITY rate. The rate for COVID-19 in the US is around 0.3%; and those deaths are concentrated in people over 65 (about 78% of the deaths last time I checked).
Even at that, the mandate upheld in Jacobson was a *state* law. But even with a 30% fatality rate, the only thing the state even SOUGHT was a $5 fine. (That's about $165 today, or a large speeding ticket.)
Right now Montana has a law forbidding the clot shot being required by employers; Arkansas has passed the law through the legislature but I don't know if the governor has signed it.
Here's a link a couple of days old of the status of laws/bills in other states.
A Federal Appeals Court for the 8th Circuit has UPHELD a ruling by a Federal Judge that students cannot be required to get the Clot Shot.
JUST IN: In a unanimous published decision issued Oct. 7, the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, Ohio, held Western Michigan University's vaccination mandate likely violated sixteen unvaccinated athletes’ First Amendment rights. pic.twitter.com/HrboFi5BPq— Election Wizard (@ElectionWiz) October 9, 2021
And in case you think this is just about health, Baton Rouge Louisiana is offering expungements of certain misdemeanors AND FELONIES to those getting the clot shot.
https://freerepublic.com/focus/f-chat/4002174/posts
And PFIZER is BUSTED! They ADMIT there is no "Approved" vaccine in the US on a recorded call.
https://gab.com/redvoicemedia (hat tip to Ymani Cricket and WildHighlander57).
The group Liberty Council has had success with lawsuits against government entities and private actors. Liberty Counsel has engaged in extensive litigation in the last year regarding civil rights violations ostensibly justified by “COVID-19,” and has had great success holding both government entities and private actors accountable. See, e.g., Harvest Rock Church, Inc. v. Newsom, 141 S. Ct. 1289 (2021) (permanent injunction granted and $1,350,000 in attorney’s fees awarded in Harvest Rock Church, Inc. v. Newsom, No. 2:20-cv-06414, C.D. Cal., May 17, 2021); Harvest Rock Church, Inc. v. Newsom, 141 S. Ct. 889 (2020); Elim Romanian Pentecostal Church v. Pritzker, 962 F.3d 341 (7th Cir. 2020); Maryville Baptist Church, Inc. v. Beshear, 957 F.3d 610 (6th Cir. 2020). Source: https://lc.org/PDFs/Attachments2PRsLAs/090221LtrreWAStateCOVIDMandates.pdf
And ICAN has also been involved.
https://www.icandecide.org/ican-supports-successful-legal-challenges-to-covid-19-vaccines-mandates/.
Their website implies they wrote a letter to Cornell and got them to back down.
America's Frontline Doctors has a legal group:
https://americasfrontlinedoctors.org/legal/
Here's a larger list of legal firms working against the mandates:
Swine Flu got pulled from the market after 50 deaths reported to VAERS.
COVID-19 jabs are over 15,000 reported to VAERS.
There are now more deaths reported to VAERS due to the clot shots, in just a year, than the total of all deaths from all other vaccines combined during the entire lifetime of VAERS.
And Europe is even worse.
Iceland has banned the clot shot for males 18-29 due to myocarditis; Denmark and Sweden have cut back on (IIRC) Moderna for the same reason.
And the Supreme Court of Spain has ruled that SARS-CoV-2 has not even been scientifically isolated.
You’re a defeatist troll, you’ve been posting all kinds of pro-jab stuff on the Q threads.
FREEPMAIL.
About 78% of the deaths with COVID (there are major problems with the PCR testing) were of people over 65; 40% of the deaths were people with significant comorbidities such as diabetes.
There's no NEED for a mad rush to jab everyone.
FREEPMAIL.
Thanks, and I completely agree with you, regarding the information published in VAERS. In fact check this post of mine from just yesterday where I directly linked the exact statistics you are referring to.
https://freerepublic.com/focus/chat/4001380/posts?page=107#107
But this i information is not readily known, or accepted by the general public yet, unfortunately. I think (hope) things are moving that way, especially when we’re seeing things like some European countries starting to outright ban some of the vaccines due to their dangers.
https://www.zerohedge.com/covid-19/iceland-bans-moderna-vaccine-use-due-heart-inflammation-risk
Yet, the story about Iceland banning Moderna is not being reported on ANY mainstream media sites. There’s a complete blackout of it, when it is actually one of the most important news stories of the day, as millions of Americans have taken those exact injections.
So people like you and I are very well informed, thanks to FR, and our interest in being well informed that brought us here, but most people aren’t well informed at all, often by choice. And it’s scary to think about how bad things might get before people wake up, and will it be too late to do anything about it at that point. But as folks like us who have high situational awareness are aware, he ignorance of the masses is an undeniable aspect of our current situation, that won’t easily be corrected. Many simply can’t handle the truth, so they just choose to ignore it, which is unfortunately their right as it is to the detriment of us all. Thanks again.
Great info, thanks for the links.
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FREEPMAIL.
FREEPMAIL.
Incorrect. You do NOT have to explain a sincerely held religious belief. Questions around that cannot be asked, period. I've been through this process in the past. It's enough to say "my personal religious beliefs are ..."
In this case, it's enough to say "my personal religious beliefs are that I trust Almighty God with my health and well being. I do not need to explain further as per Title IX under US Law."
If one gets fired, they then have a case for Religious Discrimination which IS lawsuit territory.
Our HR department is dealing with this en masse right now due to about 50-60% of those of us in I.T. not being vaccinated and so many refusing filing religious exemptions.
If you're in a highly desirable / highly marketable industry industry, you've got your employer by the balls. The bank I work at knows this and isn't questioning religious exemptions. We have 300 open I.T. positions that we've been trying to fill for months. Letting 50% or more of our I.T. staff walk over this stupid "vaccine mandate" would be suicide for the bank and they know it.
Correction: It’s not Title IV, it’s the CRA of 1964,
That is considered "articulating your sincerely-held religious belief."
My state is good to go:
“Texas
(Signed into Law):
Executive Order GA 35 prohibits state agencies and political subdivisions from adopting or enforcing any order, ordinance, policy, regulation, rule, or similar measure that requires an individual to provide documentation regarding the individual’s COVID-19 vaccination status for any vaccine administered under an emergency use authorization. The Order also prohibits any public or private entity receiving public funds from requiring consumers to provide, as a condition of receiving any service or entering any place, documentation regarding such vaccination status. However, an exception exists to allow (i) nursing homes, (ii) state supported living centers, (iii) assisted living facilities, and (iv) long-term care facilities to require documentation of residents’ vaccination status. The Order took effect on April 5, 2021.
Senate Bill 968 prohibits businesses in the state from requiring “a customer to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery” to enter, gain access to, or receive any service from such businesses. Businesses that fail to comply with this provision are “not eligible to receive a grant or enter into a contract payable with state funds.” The Bill was signed into law on June 7, 2021 and took effect immediately.”
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