Horowitz: Dept. of Commerce demands proof of vaccination in order for employees to breathe freely



Sure, the government won't mandate vaccine passports. They'll just make you prove that you were vaccinated in order to function normally in society. For those who thought they won the battle against coerced vaccination, it's time to realize that it's not just the "private" sector violating federal law by ostensibly mandating an experimental gene agent, the government itself is now doing it, too.

Last Tuesday, the Department of Commerce sent out an email to all employees updating its workplace COVID-19 safety guidance. The email obtained by Blaze Media stated that "fully vaccinated federal employees, onsite contractors, and visitors are no longer required to wear face masks or practice physical distancing while in Department of Commerce (DOC) facilities." However, they warn that "fully vaccinated individuals who wish to remove their face masks and not maintain physical distancing may be required to furnish documentation confirming their vaccination status to their supervisor(s) or others charged with ensuring safety compliance upon request. Appropriate documentation of vaccination status includes an original, a copy, or a photograph of a vaccination document."

In a FAQ memo sent to employees of the National Oceanic and Atmospheric Administration (NOAA and a DOC agency) on Friday, the agency reiterated that supervisors may ask for proof of vaccination in order not to wear masks or social distance and also encouraged them to report people who refuse to do so.

NOAA COVID-19 Vaccine FAQs.pdf

Thus, with the flick of a pen the government has violated the Emergency Use Authorization (EUA) statute for its own workforce by requiring people to be vaccinated. To say that having to wear a mask indefinitely for eight hours a day is not coercion is nothing short of lunacy. The statute is crystal clear. The same section of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 360bbb-3, that authorizes the FDA to even grant Emergency Use Authorization status in the first place also requires the secretary of Health and Human Services to "ensure that individuals to whom the product is administered are informed … of the option to accept or refuse administration of the product."

Perforce, not only must the vaccine remain optional, the government itself must ensure that people know it is indeed optional. Instead, they are doing the opposite by stating that people will either be separated, masked, or discriminated against for not getting the vaccine, regardless of their risk status or if they had the infection already, which has proven to convey greater immunity than the vaccine.

The cruel irony of the vaccine mandate is that the CEOs of Pfizer and Moderna just said that the first people who were vaccinated in December and January will need a "booster" shot in September. So, is this going to become mandatory as well? The vaccine is so effective…that it requires constant reinforcement, something we don't see of natural infection even 17 years after SARS 1.

In an email guidance obtained by TheBlaze, the National Weather Service Employees Organization, the union for NWS employees, explicitly state, "This guidance on not wearing masks only applies to those who have been fully vaccinated. It does not apply to those who have caught COVID and have some level of natural immunity but chose not to get vaccinated." [emphasis in original]

So much for an agency of scientists following the science!



The policy of the Department of Commerce stands at odds with the policy of the Department of Justice (DOJ), which likely better understands how to read a statute. Earlier this month, DOJ sent out a memo stating that "Supervisors and managers should not ask about an employee's vaccination status or use information about an employee's vaccination status to make decisions about how and when employees will report to a workplace instead of teleworking."

The twisted irony of the DOC policy, which is being adopted by many public and private actors, is that they are leveraging a mandate of an experimental device with the force of a mask mandate, which in itself, must remain optional because it was approved by the FDA last year under an Emergency Use Authorization. As I warned, once we acceded to mask mandates without strong legal and political counteractions, we paved the road for the ruling class to violate the EUA conditions for vaccination as well.

Health privacy, respect for disabilities, and equal treatment used to be sacrilege for liberals. Title III of the ADA, which states, "Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment," has been used zealously against businesses who ever tried to discriminate based on health states.

In this case, with everyone who wants to be vaccinated having had that protection for months, it is irrational to force it upon those who don't want it. In a 1990 AIDS discrimination case, a district court ruled [740 f supp 95 (D.P.R 1990)] that denial of a special permit to an AIDS Center based on "irrational unfounded fears" was improper.

As it stands today, there is no evidence masks work, there is no evidence vaccinated people are in danger from those not vaccinated (and if so, are somehow protected by masks), and that vaccines convey a greater degree of immunity than natural infection. Nor is there any rational legal basis for continuing to treat healthy people at this stage as if they have the virus for the rest of their lives.

Title III of the Civil Rights Act [ 28 CFR § 36.208] states clearly that "In determining whether an individual poses a direct threat to the health or safety of others, a public accommodation must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain." These factors include, "the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk."

Forcing every human being to either inject an experimental gene therapy in their body or wear a mask all day – regardless of their symptoms, whether they had the virus, and for how long – is absolutely unreasonable. It treats breathing as a privilege, not as a right. Moreover, the potential for injury at the hands of an unvaccinated person, by their own measure of the efficacy of the vaccines for those who got the shots, is zero.

Then again, we were never a nation of laws. We were always a nation of political will to enforce the laws we believed in. The question is if we still have any political will to stand for the most basic human rights.

International Air Transport Association announces development of COVID vaccine passport app



The International Air Transport Association, a trade association representing most of the world's prominent airlines, announced Wednesday that a COVID vaccine passport app would be launched on the Apple platform in mid-April, which represents the first significant step toward the possible adoption of such a system by most of the world's airlines. According to Reuters, the app will launch on the Android platform at an unspecified "later" date.

The app is designed to "speed up the check in process" by allowing travelers to import proof of their vaccination and/or negative COVID tests onto their phone in a format that can easily be scanned and verified by airline employees. According to Engadget, the app also contains a database of COVID travel restrictions that will alert passengers of what they will need before they fly somewhere. It also purportedly contains a "secure, encrypted channel" that will allow medical providers to send over vaccination and testing records securely.

Notably, airlines have not yet publicly indicated whether they will require travelers to use the app before traveling, although a spokesman for the IATA claimed to Reuters that a "huge amount of airlines have requested to be on board" with the app.

A few days a go, the state of New York became the first entity to develop a COVID vaccine passport app, the "Excelsior Pass" that is, at least for now, an opt-in option to speed access to any business or event that might require proof of COVID vaccination for entry.

The potential for widespread use of a "vaccine passport" has become a contentious one as the country moves toward reopening fully as the vaccine rollout continues. Many have predicted that airlines will be the first major companies to require proof of vaccination for entry, especially as studies have shown that Americans are more anxious about resuming airline travel than many other activities. Airlines presumably hope that by requiring every passenger to prove vaccination, they can recapture business from those who have been most reluctant to travel since the pandemic began.

However, the prospect comes with a trade-off: Many Americans, even those not normally especially concerned with digital privacy, balk at the idea of being forced to provide private medical information before making use of a commercial service. Some officials, notably Florida Gov. Ron DeSantis (R), have promised to take action that would stop companies from requiring proof of COVID vaccination for service.

Biden asks governors to reinstate mask mandates in COVID-19 update



President Joe Biden on Monday raised concerns about rising COVID-19 cases and called on state governors to reinstate mask mandates, saying it is the "patriotic duty" of each American to continue to wear a mask.

The president appeared to place blame for rising coronavirus cases on states like Texas and Mississippi that have relaxed coronavirus restrictions and ended statewide mask mandates in recent weeks. That assertion is not supported by evidence, which shows the rate of positive COVID-19 cases falling in those states even after ending mask mandates. The largest increases in positive virus cases comes from states that never removed mask mandates.

"I'm reiterating my call for every governor, mayor, and local leader to maintain and reinstate the mask mandate. Please, this is not politics. Reinstate the mandate if you let it down," Biden said during a White House update on additional efforts to expand COVID-19 vaccine distribution nationwide.

"The failure to take this virus seriously is precisely what got us into this mess in the first place — risks more cases and more deaths," he added.

Biden issued his appeal to state and local officials after Centers for Disease Control and Prevention Director Dr. Rachel Walensky told reporters she has a sense of "impending doom" because of rising confirmed cases of COVID-19.

"The CDC expressed earlier today this is not a time to lessen our efforts," Biden said. "We could still see a setback in the vaccination program and most importantly, if we let our guard down now we could see the virus getting worse, not better."

The president warned that new variants and a recent increase in positive coronavirus cases nationwide could lead to more deaths if Americans engage in "reckless behavior" by ignoring CDC recommendations on sanitation, social distancing, and mask-wearing.

"People are letting up on precautions, which is a very bad thing," Biden said.

According to the most recent daily report from the White House COVID-19 team, more than 420,000 people tested positive for COVID-19 between March 21 and March 27 — an 11% increase in positive cases from the week prior and an average of about 60,000 new cases each day. Though this is well below the all-time high of 250,000 new daily coronavirus cases recorded last January, health experts advising the president are concerned that a fourth surge in coronavirus infections may be imminent as several states remove restrictions and end mask mandates.

"Cases have fallen two-thirds since I took office. Deaths have also fallen two-thirds. But now cases are going back up and in some states deaths are as well," said Biden. "We're giving up hard-fought, hard-won gains. And as much as we're doing, America, it's time to do even more. All of us have to do our part, every one of us."

It is not clear at all that lifting COVID-19 restrictions is leading to increases in positive COVID-19 cases.

Texas, for example, ended its statewide mask mandate on March 10 and lifted restrictions on businesses in a move that Biden criticized as "neanderthal thinking." Over the past two weeks however, the rate of positive cases in Texas has fallen by 17% and deaths have fallen by 34%, according to the New York Times.

In Mississippi, which lifted its mask mandate on March 2, positive cases have fallen by 44% over the past two weeks and deaths have fallen by 52%.

Results are mixed elsewhere. In Iowa, Montana, North Dakota, and Wyoming (states that ended mask mandates) positive rates of COVID-19 cases have increased over the last two weeks. But death rates have fallen by 41% in Iowa, 33% in North Dakota, and 78% in Wyoming over the same period of time. The only state currently without a mask mandate that saw an increase in cases and deaths over the last two weeks is Montana, which ended its mandate on March 8.

The states experiencing the largest percentage increases in confirmed COVID-19 cases over the last two weeks are Michigan (133% increase), Connecticut (62% increase), Minnesota (47% increase), Pennsylvania (45% increase) and New York (42% increase), all of which have mask mandates currently in effect.

Nationwide, cases have increased by 15% but virus deaths have fallen 29% and hospitalizations have decreased 6% as vaccine distribution progresses.

The president announced that 33 million vaccine doses will be available this week and that the nation is on track to have at least 75% of American senior citizens receive their first vaccine shot by the week's end.

In a previous executive action, Biden directed state governments to open up vaccine eligibility for all adults no later than May 1. He praised state governors, both Republicans and Democrats, who have taken action to open up vaccine eligibility sooner than that deadline because of increases in vaccine supply.

Going forward, Biden announced that his COVID-19 team will take action to ensure there is a vaccination site within 5 miles of 90% of all Americans by April 19. He plans to have 40,000 pharmacies be made available to provide vaccine shots and he will create 12 more federally run mass vaccination sites to speed up vaccine distribution. The Department of Health and Human Services will also be enlisted to provide transportation to senior citizens and vulnerable individuals who lack the means to travel to their vaccine appointments.

"I'm taking these steps to make our American turn around story, our vaccination program, move even faster," Biden said.

If all goes according to plan, Biden predicted that at least 90% of all American adults will be eligible to be vaccinated by April 19 and the remaining 10% should be vaccinated by May 1. Accomplishing this goal would mean that Americans may have a "normal" 4th of July celebration, the president said.

While the nation waits for vaccines to become available, Biden said every American has a "patriotic duty" to continue to practice social distancing and wear masks.

"As I do my part to accelerate the vaccine distribution of vaccinations I need the American people to do their part as well," Biden said. "Mask up, mask up! It's a patriotic duty. It's the only way we ever get back to normal."

He noted that nearly 1,000 Americans die of COVID-19 each day and almost 550,000 people have died since the beginning of the pandemic.

"Until this country is vaccinated each of us has to do our part. We have an obligation, a patriotic obligation. Wash your hands. Stay socially distanced. Wear a mask as recommended by the CDC. And get vaccinated, get your friends and family vaccinated when you can help," Biden said.

"Now is not the time to let down. Now is not the time to celebrate. It is time to do what we do best as a country, our duty, our jobs. Take care of one another and fight this to the finish. We can and we will do this, but don't let up now."

Gov. DeSantis: Proof of vaccination not required to live your lives as free people in Florida



As vaccine distribution reaches the 100 million mark in the United States and Americans yearn to return to their normal lives, some state governments and private industries are considering adopting a "vaccine passport" program.

But not Florida.

Gov. Ron DeSantis (R) said Thursday that under no circumstances would Florida impose a state mandate requiring people to show documented proof of their vaccination before traveling or attending large public gatherings like concerts or sporting events, at least not while he is governor.

"I just want to make very clear in Florida, we are not doing any vaccine passports. All those experts said that it was a bad idea. I think it's a bad idea, and so that will not happen. And so folks should get vaccinated, if they want to, we'll obviously provide that, but under no circumstances will the state be asking you to show proof of vaccination, and I don't think private companies should be doing that either," DeSantis said Thursday.

The governor believes it's all Floridians' individual responsibility to decide whether they get the vaccine and what kind of places they go or activities they do.

"To start going down the road of vaccine passports, I mean, you have some of these states saying to go to a sporting event, you have to show either a negative test or a vaccine proof. I think you just got to make decisions. If you want to go to an event, go to an event. If you don't, don't. But to be requiring people to provide all this proof, that's not how you get society back to normal, so we're rejecting any vaccine passports here in the state of Florida," DeSantis said.

The idea of showing proof of vaccination before being permitted to travel places is gaining traction worldwide. On Feb. 21, Israel introduced the "green pass," an app Israelis can download to display proof that someone has recovered from COVID-19. Advertising for the green pass promoted the idea that anyone with the pass could return to life as normal, going where they please without social distancing or masks.

Currently, the Biden administration requires international travelers who want to fly to the United States to provide proof of a negative COVID-19 test before they can travel. The international airline industry is considering taking the next step by requiring travelers to present a digital certificate showing proof of vaccination.

In the European Union, a proposal to create a Digital Green Certificate to facilitate travel across its 27 member countries will be discussed at the next summit of EU leaders. The certificate would "serve as proof that a person has either been vaccinated against COVID-19, received a negative test result or recovered from COVID-19," according to NPR.

Several health experts have criticized the idea, warning that free Americans who decline to receive a vaccine could be relegated to second-class status.

"The vaccine hesitancy data show that the people who are hesitant to take vaccines actually tend to be the working class people, poor, poor people, minority populations. We're going to then turn around and say, 'You have to have a vaccine passport to participate in American life,' it's going to be a new vaccine Jim Crow. It's a huge, huge mistake that will undermine trust in public health, and I think it's just morally, it's just morally wrong," Dr. Jay Bhattacharya of Stanford University said, speaking at a roundtable discussion with DeSantis and other health experts Thursday.

The federal government has explored the idea of some kind of vaccination passport. President Biden signed an executive order in January directing government agencies to "assess the feasibility" of linking coronavirus vaccine certificates with other vaccination records and providing digital copies for international travelers to use.

The White House has since rejected the idea of a federal mandate for domestic vaccination passports, which would require a database of who has been vaccinated and who has not.

"It's not the role of the government to hold that data and to do that," White House senior adviser for COVID-19 response Andy Slavitt said during a briefing Monday.

He added that whatever system Americans eventually adopt to demonstrate they've been vaccinated "should be private. The data should be secure. Access to it should be free. It should be available both digitally and in paper and in multiple languages. And it should be open source."