HomeMy WebLinkAbout2021_9_3 SSchumacher_MandateFrom:Stephen Schumacher
To:Allison Berry, Health Officer; Board of Health
Cc:news@ptleader.com; news@peninsuladailynews.com; PT Free Press; jeffbocc; director@jeffcountychamber.org;
Kate Dean; Heidi Eisenhour; Greg Brotherton; msandoval@cityofpt.us; mozias@co.clallam.wa.us;
rjohnson@co.clallam.wa.us; bpeach@co.clallam.wa.us; shahidafatin@gmail.com; gbsjrmd@sisna.com;
gbsjrmd@sisna.com; ncarr@cityofpa.us
Subject:Legal challenges to vaccine papers order
Date:Friday, September 3, 2021 9:04:50 PM
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Dear Health Officer Berry,
Please immediately withdraw your Sep. 2 public health order requiringindoor restaurant/bar patrons to produce vaccination papers, pendinglegal review of yesterday's repeal of a similar order by New YorkState's Department of Health.https://childrenshealthdefense.org/defender/ny-health-commissioner-mask-mandate-federal-lawsuit-william-ouweleen/
New York State was forced to repeal its own order discriminating
against those not providing vaccination papers, after beingsuccessfully challenged on multiple grounds includingconstitutionality, equal protection, prohibitions against mandatingexperimental treatments, and.not being justified by the science giventhe CDC's recent confirmation that CV vaccines do not preventtransmission of SARS CoV-2.https://www.cnn.com/2021/08/05/health/us-coronavirus-thursday/index.html
Your Sep. 2 order is vulnerable to legal challenge on the above
grounds as well as several others:https://jeffersoncountypublichealth.org/CivicAlerts.aspx?AID=778https://jeffersoncountypublichealth.org/DocumentCenter/View/12542/2021-92-Jefferson-Bar-and-Restaurant-
Vaccination-HO-Order-Signed
1) The order is founded on perpetual self-claimed executive emergency
powers, whose lawfulness is highly questionable and has been found tobe unconstitutional in California and other states.https://californiaglobe.com/section-2/breaking-court-declares-gov-newsoms-abuse-of-power-unconstitutional/
2) This chronic emergency condition is falsely claimed for a county
that has experienced near-zero actual CV deaths in two years:https://www.porttownsendfreepress.com/2021/06/02/new-wrinkle-in-jefferson-countys-fourth-covid-death/
3) The claimed enforcement authority to issue the order is
inapplicably based on WAC 246-100-040, which gives narrow emergencydetention powers for up to 10 days over infected persons posingserious and imminent risk, but only after a long series of provisionsand recourses have been exhausted - none of which pertains to orauthorizes this open-ended restaurant/bar regulation.https://app.leg.wa.gov/wac/default.aspx?cite=246-100-040&pdf=true
4) The order requires businesses to act as enforcement agents
demanding vaccination papers, despite Jefferson Healthcare itselfemailing that "Health information such as whether a patient ...
received a Covid 19 vaccine is protected health information ... under
the Health Insurance Portability and Accountability Act of 1996
(HIPAA) patient privacy laws."
5) The Background supporting the order contains multiple demonstrablyfalse statements, most glaringly that "COVID vaccines are safe" and"serious safety problems and long-term side effects are rare",despite the underreported VAERS database linking CV vaccines with anastounding 650,077 adverse events and 13,911 deaths, more in half ayear than all other vaccines combined throughout VAERS' 31-yearhistory (which normally shows only 100-200 deaths per year from all vaccines).https://www.medalerts.org/vaersdb/findfield.php?TABLE=ON&GROUP1=AGE&EVENTS=ON&VAX=COVID19&DIED=Yes
http://solmaker.com/public/VAERSdeaths210501.PNG
6) The order's Background falsely states that "Given ... how COVID-19
spreads, including by asymptomatic and pre-symptomatic persons, masksare an essential defense to the spread of COVID-19." To thecontrary, "screening in nearly ten million residents of Wuhan, China"found "there was no evidence of transmission from asymptomaticpositive persons ... samples from asymptomatic positive cases ...found no viable SARS-CoV-2 virus." Dr. Fauci definitively declared"in all the history of respiratory-borne viruses of any type,asymptomatic transmission has never been the driver ofoutbreaks." The only large randomized community-based trial "toassess whether recommending surgical mask use outside the homereduces wearers' risk for SARS-CoV-2 infection" concluded "thedifference observed was not statistically significant" between themasked and control groups.https://www.nature.com/articles/s41467-020-19802-whttps://www.youtube.com/watch?v=LSHIpx60nr4&feature=emb_title
https://www.acpjournals.org/doi/10.7326/M20-6817
7) The order's Background falsely states "COVID-19 vaccines are
effective in reducing infection" despite widespread media reportingof CDC data "showing that vaccinated individuals infected with deltamay be able to transmit the virus as easily as those who areunvaccinated" and have "measurable viral loads similar to those whoare unvaccinated". CV vaccines are proving to be pitifullyineffective over time, with waning antibody levels in 2-3 months usedto justify twice-yearly booster re-vaccination. By contrast, naturalimmunity following CV infection is broad and enduring against all variants.https://www.washingtonpost.com/health/2021/07/29/cdc-mask-guidance/https://www.ucl.ac.uk/news/2021/jul/vaccine-antibody-levels-start-wane-around-2-3-months
https://www.precisionvaccinations.com/natural-immunity-after-covid-19-found-durable-and-robust
https://www.medrxiv.org/content/10.1101/2021.08.24.21262415v1.full.pdf
Yours truly,
Stephen SchumacherPort Townsend, WA