While some states are forcing their citizens to show proof of vaccination in order to engage in the normal functions of everyday life, one county in Oregon has decided to push back. Yamhill County Board of Commissioners Chair, Mary Starrett is calling for an ordinance that would effectively make Yamhill County a “Vaccine Passport Sanctuary”. Unsurprisingly, Yamhill County has already passed two Pro-Second Amendment resolutions as well.
In an interview with KGW8 News, Commissioner Starrett states, “You know it’s a risk, but somebody’s got to say at some point, enough is enough…I would rather go to the mat any day to stand up for those basic freedoms that we’re now seeing destroyed at every turn.”
We have obtained a copy of a draft of the proposed “Vaccine Passport Sanctuary” ordinance, which will be included below. It should be noted that the draft ordinance does not mention the term “sanctuary”. That being said, there are similarities in this case where the county is refusing to enforce state COVID-19 edicts, to the Second Amendment Sanctuaries that are vowing not to enforce state and federal gun control laws. So, while the sanctuary terminology is not specifically mentioned in the draft ordinance, the effect is the same. The county commission is trying to stand up for rights that are being stripped from their citizens at the state or federal level.
This draft discusses many issues such as the fact that whether or not a person has taken a vaccine is private health information and as such should not be forcibly shared with a business. It also highlights the fact that individuals should be able to make choices that affect their own bodies without fear of reprisal from businesses or the state. Additionally, it points out that the Food and Drug Administration (FDA) has only granted Emergency Use Authorization for these vaccines and that they are not yet FDA licensed.
If you are interested in pursuing a “Vaccine Passport Sanctuary” ordinance in your county, you might want to consider using this draft ordinance as a starting point. The Yamhill County board is currently working on an update to this draft, to incorporate some legal input from their County Counsel, so as soon as we receive a copy of the updated ordinance, we will publish that as well. We have the full text of the ordinance below. Additionally, we have included an editable Microsoft Word Copy of the draft as well as an Adobe PDF copy. Please feel free to modify these documents and present them to your county commissioners to get this passed in your county. If you have already passed a Vaccine Passport Sanctuary resolution or ordinance, or you get one passed in the future, please send us a signed copy as well as the date of its passage and the vote count so we can publish it on this website. Just email a copy to email@example.com.
IN THE BOARD OF COMMISSIONERS OF THE STATE OF OREGON FOR THE COUNTY OF YAMHILL
SITTING FOR THE TRANSACTION OF COUNTY BUSINESS
In the Matter of the Adoption of an Ordinance )
Prohibiting the Yamhill County Commission or any )
Yamhill County Board, Agency, Department, Political )
ORDINANCE Subdivision Agent or Assigns from producing and/or )
issuing a COVID-19 “Vaccine Passport” or Requiring one )
for any purpose or from Providing information of an )
Individual’s COVID-19 Vaccine Status to Anyone or to )
Any Entity for Inclusion in a COVID-19 )
“Vaccine Passport” Program. )
THE BOARD OF COMMISSIONERS OF YAMHILL COUNTY, OREGON (“the Board”) sat
for the transaction of county business in combined informal/formal session on, 2021, at 10 a.m. in a virtual meeting via Zoom. Commissioners, Mary Starrett, Lindsay Berschauer and Casey Kulla being present.
THE DULY-ELECTED BOARD OF COUNTY COMMISSIONERS OF YAMHILL COUNTY OREGON FIND AND DECLARE:
WHEREAS, an individual’s COVID-19 vaccination status and records are protected health information which should not be shared by mandate; and
WHEREAS, COVID-19 “vaccine passports” reduce individual freedom and will harm patient privacy; and
WHEREAS, no government or business entity should compel disclosure of protected health information by mandating a “vaccine passport” for COVID-19 or by otherwise conditioning receipt of services on an individual’s COVID-19 vaccination status; and
WHEREAS, requiring “COVID-19 passports” for taking part in everyday life-such as for employment, attending school or sporting event, patronizing a restaurant, or going to a movie theater-would create two classes of citizens based on vaccination; and
WHEREAS, Jim Crow laws and regulations institutionalized segregation, discrimination and economic, educational, and social disadvantages for African Americans; and
WHEREAS, Jim Crows laws were upheld in 1896 in the case of Plessy vs. Ferguson, in which the U.S. Supreme Court laid out its “separate but equal” legal doctrine for facilities that segregated and discriminated against African Americans; and
WHEREAS, in 1954, the U.S. Supreme Court declared segregation of public schools unconstitutional in the landmark case Brown v. Board of Education. Generally, the remaining Jim Crow laws were overruled by the Civil Rights Act of 1964 and the Voting Rights Act of 1965; and
WHEREAS, COVID-19 “vaccine passports” and segregation and discrimination based on an individual’s COVID-19 vaccination status create the conditions of a new Jim Crow 2.0; and
WHEREAS, the crimes of World War II led to the establishment of the Nuremberg Code, which lays out requirements for medical experimentation on human subjects. The most important provision of the code being, voluntary consent of the human subject is absolutely essential (https://history.nih.gov/display/history/Nuremberg+Code); and
WHEREAS, the right to bodily integrity and self-ownership of one’s body is globally recognized as inalienable and protected human rights. To preserve bodily integrity, all medical interventions, including vaccination, must be made with full informed consent and without conditions of coercion, including the restriction of free movement through and participation in normal society; and
WHEREAS, Oregon law does not require Oregonians receive a COVID-19 vaccine and it is a personal choice and where some Oregonians because of their age, medical condition, religious or philosophical objection are unable to receive a vaccine; and
WHEREAS, the U.S. Food and Drug Administration (FDA) has granted Emergency Use Authorization (EUA) for COVID-19 vaccines that are not yet FDA licensed, pursuant to the Project BioShield Act of 2004, 21 U.S.C. (&) 360bbb-3; and
WHEREAS, the federal statute expressly recognizes that each individual has “the option to accept or refuse administration of the product” under an Emergency Use Authorization (EUA), 21 U.S.C. 360bbb-3€(1)(A)(ii)(111); and
WHEREAS, the U.S. Supreme Court ruled vaccines “unavoidably unsafe” in Bruesewitz v. Wyeth LLC (2011); and
WHEREAS, all COVID-19 vaccine manufacturers, and the entire chain from production distribution to administration, have been granted immunity from liability for adverse events; and
WHEREAS, COVID-19 vaccines use new platform technology, such as mRNA and nanotechnology, making them both innately experimental and significantly divergent from any previous vaccines which necessitates extensive gold standard safety studies, which have not yet begun; and
WHEREAS, COVID-19 “vaccine passports” are being developed primarily as digital vaccination records which are inherently vulnerable to privacy breaches, manipulation and integration into a digital tracking system-like blockchain–that enrolls the participant, with or without consent into a “do to do” system for one’s participation in society. A “do to do” system dictates that one must “do” something (such as receive a COVID-19 vaccine) in order to be able to “do” another thing (such as have a job or access to food in a grocery store) and is the next generation of a “show me your papers” totalitarian technocratic regime; and
WHEREAS, it is discriminatory, coercive and a violation of inalienable human and civil rights for either the government or the private sector to require that an individual show proof of vaccination to participate in normal society; and
WHEREAS, some states are exploring the creation of COVID-19 “vaccine passports” and New York is promoting a software program that will facilitate the exclusion of Americans who have not received a COVID-19 vaccine from receiving services and fully participating in public life; and
WHEREAS, the Board has serious concerns that implementing COVID-19 “vaccine passports” will violate Yamhill County residents’ medical privacy rights, prejudice those who have not been vaccinated, and cause division among our populace; and
WHEREAS, it is contrary to the core values and principles of this Board, of the U.S. Constitution, the Bill of Rights and the global body of human rights doctrines to mandate the COVID-19 vaccine or issue COVID-19 “vaccine passports”; and
WHEREAS, it is necessary to prohibit discrimination against individuals who have not been vaccinated against COVID-19; and
WHEREAS, it is necessary to protect the fundamental rights and privacies of Yamhill County residents and the free flow of commerce within the county.
THE YAMHILL COUNTY BOARD OF COMMISSIONERS ORDAINS AS FOLLOWS:
1. No Yamhill County board, agency, department, political subdivision, agent or assigns, shall:
a. Require as condition for accessing state services or facilities that an individual produce proof that he or she has received a Covid-19 vaccine;
b. Produce and issue a COVID-19 “vaccine passport” for the purpose of certifying that an individual has received a COVID-19 vaccine; or
c. Provide information of an individual’s COVID-19 vaccine status to any person company, or government entity for inclusion in a COVID-19 “vaccine passport” program.
2. Businesses in Yamhill County are prohibited from requiring patrons or customers to provide any documentation certifying COVID-19 vaccination or post-transmission recovery to gain access to, entry upon, or service from the business.
3. Public and private business entities are prohibited from basing employment on requiring proof of COVID-19 vaccination status or making employment decisions based on such vaccination status.
4. All county agencies shall work to ensure businesses comply with this order.
5. All businesses must comply with this order to be eligible for grants or contracts funded through county revenue.
6. The Yamhill County Board of Health shall engage with other counties in Oregon to convene an ad hoc working group for the purpose of promoting a statement of the ethical and legal considerations around the use of 1.) new platform technology being used in vaccines, such as mRNA and nanotechnology, and 2.) digital ledger and tracking systems.
This Resolution does not, and shall not be construed to, prohibit, restrict, or otherwise limit the right of an individual to access his or her own personal health information under state or federal law.
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