Posted on 07/26/2021 6:54:15 PM PDT by yesthatjallen
NY Gov. Cuomo: “We have to knock on those doors, and we have to convince people, put them in cars & drive them and get that vaccine in their arm. That is the mission.”
Hes confused...he thinks its an election...
Dear Boss,
Compelling any employee to take any current Covid-19 vaccine violates federal and state law, and subjects the employer to substantial liability risk, including liability for any injury the employee may suffer from the vaccine. Many employers have reconsidered issuing such a mandate after more fruitful review with legal counsel, insurance providers, and public opinion advisors of the desires of employees and the consuming public. Even the Kaiser Foundation warned of the legal risk in this respect. (https://www.kff.org/coronavirus-covid-19/issue-brief/key-questions-about-covid-19-vaccine-mandates/)
Three key concerns: first, while the vaccine remains unapproved by the CDC and authorized only for emergency use, federal law forbids mandating it, in accordance with the Nuremberg Code of 1947; second, the Americans with Disabilities Act proscribes, punishes and penalizes employers who invasively inquire into their employees’ medical status and then treat those employees differently based on their medical status, as the many AIDS related cases of decades ago fully attest; and third, international law, Constitutional law, specific statutes and the common law of torts all forbid conditioning access to employment upon coerced, invasive medical examinations and treatment, unless the employer can fully provide objective, scientifically validated evidence of the threat from the employee and how no practicable alternative could possible suffice to mitigate such supposed public health threat and still perform the necessary essentials of employment.
At the outset, consider the “problem” being “solved” by vaccination mandates. The previously infected are better protected than the vaccinated, so why aren’t they exempted? Equally, the symptomatic can be self-isolated. Hence, requiring vaccinations only addresses one risk: dangerous or deadly transmission, by the asymptomatic or pre-symptomatic employee, in the employment setting. Yet even government official Mr. Fauci admits, as scientific studies affirm, asymptomatic transmission is exceedingly and “very rare.” Indeed, initial data suggests the vaccinated are just as, or even much more, likely to transmit the vaccine as the asymptomatic or pre-symptomatic. Hence, the vaccine solves nothing.
This evidentiary limitation on any employer’s decision making, aside from the legal and insurance risks of forcing vaccinations as a term of employment without any accommodation or even exception for the previously infected (and thus better protected), is the reason most employers wisely refuse to mandate the vaccine. This doesn’t even address the arbitrary self-limitation of the pool of talent for the employer: why reduce your own talent pool, when many who refuse invasive inquiries or risky treatment may be amongst your most effective, efficient and profitable employees? First, federal law prohibits any mandate of the Covid-19 vaccines as unlicensed, emergency-use-authorization-only vaccines. Subsection bbb-3(e)(1)(A)(ii)(III) of section 360 of Title 21 of the United States Code, otherwise known as the Emergency Use Authorization section of the Federal Food, Drug, and Cosmetic Act, demands that everyone give employees the “option to accept or refuse administration” of the Covid-19 vaccine. (https://www.law.cornell.edu/uscode/text/21/360bbb-3 )
This right to refuse emergency, experimental vaccines, such as the Covid-19 vaccine, implements the internationally agreed legal requirement of Informed Consent established in the Nuremberg Code of 1947. (http://www.cirp.org/library/ethics/nuremberg/ ).
As the Nuremberg Code established, every person must “be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision” for any medical experimental drug, as the Covid-19 vaccine currently is. The Nuremberg Code prohibited even the military from requiring such experimental vaccines. (Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (D.D.C. 2003).
Second, demanding employees divulge their personal medical information invades their protected right to privacy, and discriminates against them based on their perceived medical status, in contravention of the Americans with Disabilities Act. (42 USC §12112(a).) Indeed, the ADA prohibits employers from invasive inquiries about their medical status, and that includes questions about diseases and treatments for those diseases, such as vaccines. As the EEOC makes clear, an employer can only ask medical information if the employer can prove the medical information is both job-related and necessary for the business. (https://www.eeoc.gov/laws/guidance/questions-and-answers-enforcement-guidance-disability-related-inquiries-and-medical).
An employer that treats an individual employee differently based on that employer’s belief the employee’s medical condition impairs the employee is discriminating against that employee based on perceived medical status disability, in contravention of the ADA. The employer must have proof that the employer cannot keep the employee, even with reasonable accommodations, before any adverse action can be taken against the employee. If the employer asserts the employee’s medical status (such as being unvaccinated against a particular disease) precludes employment, then the employer must prove that the employee poses a “safety hazard” that cannot be reduced with a reasonable accommodation.
The employer must prove, with objective, scientifically validated evidence, that the employee poses a materially enhanced risk of serious harm that no reasonable accommodation could mitigate. This requires the employee’s medical status cause a substantial risk of serious harm, a risk that cannot be reduced by any another means. This is a high, and difficult burden, for employers to meet. Just look at the all prior cases concerning HIV and AIDS, when employers discriminated against employees based on their perceived dangerousness, and ended up paying millions in legal fees, damages and fines. Third, conditioning continued employment upon participating in a medical experiment and demanding disclosure of private, personal medical information, may also create employer liability under other federal and state laws, including HIPAA, FMLA, and applicable state tort law principles, including torts prohibiting and proscribing invasions of privacy and battery. Indeed, any employer mandating a vaccine is liable to their employee for any adverse event suffered by that employee. The CDC records reports of the adverse events already reported to date concerning the current Covid-19 vaccine.(https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/vaers.html )
Finally, forced vaccines constitute a form of battery, and the Supreme Court long made clear “no right is more sacred than the right of every individual to the control of their own person, free from all restraint or interference of others.” (https://www.law.cornell.edu/supremecourt/text/141/250)
With Regards,
Employee of the Year
___________________
.
In North Carolina, they bring the vaccine with them.
Yeah, I trust those door-to-door peeps taking vaccine door-to-door in 95 degrees
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“And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family?
Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?...
The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin’s thirst, the cursed machine would have ground to a halt!
If...if...if...
We didn’t love freedom enough. And even more – we had no awareness of the real situation.... We purely and simply deserved everything that happened afterward.”
Aleksandr I. Solzhenitsyn , The Gulag Archipelago 1918–1956
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A friend was adamant the DoJ was going to charge Cuomo.
Yeah, sure, Fantasy Island might be open.
Vaxxer Man: "We're going to be taking a hike into the woods today."
Unvaxxed person: "But why are you giving us all shovels?"
Vaxxer Man: "We're going to be digging some holes to plant things in."
Just a taste of what life will be like under the authority of the anti-Christ. I’ll take Heaven! John 3:16 - For God so loved the world that He gave His One and Only Son, that whoever believes in Him shall not perish but have eternal life.
It’s generally a good idea, especially in urban areas, not to answer the door to someone you don’t know. The vaccination police are likely to be unfamiliar people. What are they planning to do if people don’t answer their doors, or if people do answer and tell them to get off their property?
Are they licensed medical professionals? ‘Cause in most states, recommending a medical treatment without a medical license is a felony.
Under the NY State Law, Article 131, Medicine
§6521. Definition of practice of medicine.
The practice of the profession of medicine is defined as diagnosing, treating, operating or prescribing for any human disease, pain, injury, deformity or physical condition.
So if someone comes to the door and diagnosing that one needs a vaccine, and the prescribes a course of treatment that includes receiving a vaccine, they are meeting the black letter of the law definition of practicing medicine.
I am thinking that it would severely hamper their efforts if a few citizens would record their interaction and then file a complaint.
They are going to need a lot of body bags for those that knock on doors. It won’t be killer Cuomo and Statist/Communist comrade deBlasio. That is for sure.
do not talk to them at all
do not answer the door if youare not expecting anyone
What happened to the SEX SCANDALS?
It has been total silence on the SEX SCANDALS for MONTHS!
And now this guy is trying to jackboot citizens??
Same thing with that clown Governor in Virginia. They just wait it out and the media covers for them by not reporting. All of these idiots need to go. No different than the tyrant Macron in France.
What he is saying: “Get in their face, make them take the vax”. Then we have other politicians saying: “The anti-vaxers have blood on their hands”. Soon, they will be at your door with pitchforks. Everything that is bad in life is due to Trump supporters and anti-vaxers. Things are progressing much faster then I thought they could.
What was it Orwell called it — they were UnPersoned or something like that? If they don’t comply, they just go away.
Looking like they all walk, too.
There was a lawyer on the War Room the other day.
He said answer the door, and ask them for their identification and make a note of it. And ask them to leave.
You have a right to remain silent. So do not answer any questions.
If they do not leave or get belligerent, call the sheriff.
for what it’s worth.
We no longer have liberty and JUSTICE for ALL!
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