(This post is to inform you of the facts surrounding employer mandates and COVID “vaccines.” And it informs you of your rights under both state and federal law. It does not constitute legal advice. For legal advice, please consult a qualified attorney.)
You are not a guinea pig. You have no obligation to submit to medical experimentation.
If your employer or school is trying to mandate the Emergency Use Authorized injection, please provide your employer or school with the following information, and take additional action, if needed.
Steps: Educate in conversation; send a polite and informative letter, documenting applicable statute (below) and requesting reasonable accommodation; file a lawsuit for a declaratory judgement (in advance of action, rather than after being fired).
From a letter to Rutgers, by Robert F. Kennedy, Jr.:
Though many university vaccination requirements for licensed and approved vaccines have been upheld in court, no court has ever upheld a mandate for an Emergency Use Authorization (EUA) vaccine, which all COVID vaccines are at present. In fact, a federal court has held that EUA vaccines cannot be mandated to soldiers in the U.S. military, who enjoy far fewer rights than civilians, Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (2003). That court remarkably held “….the United States cannot demand that members of the armed forces also serve as guinea pigs for experimental drugs.” Id. at 135.
Federal law 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) requires that the person to whom an EUA vaccine is administered be advised, “of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.” The reason for the right of refusal stems from the fact that EUA products are by definition experimental. Under the Nuremberg Code, no one may be coerced to participate in a medical experiment. Consent of the individual is “absolutely essential.” The liability for forced participation in a medical experiment, not to mention injury from such coerced medical intervention, may be incalculable.
The consequences described in the statute mean medical consequences, not termination of employment or denial of in-person learning, as Rutgers contemplates.*
Regarding the Pfizer vaccine: “It is an investigational vaccine not licensed for any indication.” See FDA letter to Pfizer, Inc., 2/25/2021, p. 2, ¶ 1 (“Pfizer letter”). It is an “unapproved product[.]” See, Fact Sheet for Healthcare Providers Administering Vaccine (Vaccination Providers) Emergency Use Authorization (EUA) of the Pfizer-BioNtech Covid-19 Vaccine to Prevent Coronavirus Disease 2019 (COVID-19), p. 1, ¶ 1 (parentheses in original). “On December 11, 2020, the Food and Drug Administration (FDA) issued an Emergency Use Authorization (EUA) for emergency use of Pfizer-BioNTech COVID-19 Vaccine…pursuant to” 21 U.S.C. § 360bbb-3. See Pfizer letter, p. 1, ¶¶ 1-2.
Regarding the Moderna vaccine: “It is an investigational vaccine not licensed for any indication.” See FDA letter to ModernaTX, Inc., 12/18/2020, p. 2, ¶ 3 (“Moderna letter”). “The Moderna COVID-19 vaccine is an unapproved product that may prevent COVID-19. There is no vaccine to prevent COVID-19.” See Fact Sheet for Recipients and Caregivers Emergency Use Authorization (EUA) of the Moderna COVID-19 Vaccine to Prevent Coronavirus Disease 2019 (COVID-19) in Individuals 18 Years of Age and Older, p. 1, ¶ 8 (parentheses in original). “…I am authorizing the emergency use of Moderna COVID-19 Vaccine….” See Moderna letter, p. 2. ¶ 4.
Regarding the J&J vaccine: “It is an investigational vaccine not licensed for any indication.” See FDA letter to Janssen Biotech, Inc., 2/27/2021, p. 1, ¶ 3 (“J&J letter”). “I am authorizing the emergency use of the Janssen COVID-19 Vaccine….” Id. at p. 2, ¶ 2.
In addition, if you are in Utah, HB308 from the 2021 General Legislative Session, prohibits any government entity from requiring an EUA injection.
Suggestions for students: Get the exemption. Please insist that your school follow state and federal law (detailed above). Federal law on EUA applies even to medical students. On the higher education level, organize and let the administration you are organized and willing to both walk, and sue. Print and deliver a copy of the Notice of Medical Fraud to your school administrators.
Suggestions for employees being coerced into getting the injection:
Politely inform your employer of federal code (above) regarding EUA’s and consider seeking a religious exemption. Organize with other employees. Let employers know that you are not willing to be part of this experiment. Print and deliver a copy of the Notice of Medical Fraud to your employer. As a final resort, file a lawsuit for a declaratory judgement (in advance of action, rather than after being fired).
Legal opinion on religious exemption for Emergency Use Authorizations:
UPDATE: The replacement for the Pfizer vaccine has been FDA approved for those 16 and older. At this point, our best defense is Title VII of the Civil Rights Act, which prohibits discrimination based on religion.
(This is not legal advice. I am not an attorney, but multiple attorneys contributed to this list of recommendations.)
*EUA language secures a “right to refuse,” which would be inconsistent with “getting fired if you refuse.” If you can be fired for refusing, you don’t have a right to refuse.