September 12, 2021
HOUSE RESOLUTION URGING STATES TO IMMEDIATELY ENACT A VACCINE BILL OF RIGHTS
A HOUSE RESOLUTION stating that the governments of the respective states shall protect their citizens against unconstitutional and medically irresponsible COVID-19 vaccine mandates.
Whereas the Founders designated that a Bill of Rights was necessary to guard individual liberty against encroachments from state and federal actors, public and private; and
Whereas the 14th Amendment to the US Constitution explicitly directs states not to “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”; and
Whereas no COVID vaccine is fully FDA-approved but rather authorized under a temporary Emergency Use Authorization as experimental (investigational) agents only; and
Whereas emergency use products are specifically prohibited by federal law 21 U.S.C. §360bbb-3 from being mandated: “Authorization for medical products for use in emergencies … require …the option to accept or refuse administration of the product”; and
Whereas the CDC Advisory Committee on Immunization Practices (ACIP) affirmed in August 2020 that under an Emergency Use Authorization (EUA), experimental vaccines are not allowed to be mandatory; and
Whereas decades-old universally accepted Codes of Medical Ethics, including the Nuremberg Code and the Declaration of Helsinki unequivocally prohibit any form of coercion whatsoever for individuals to participate in a medical experiment; and
Whereas 40 percent of respondents in at least one US poll reported that they would opt out of taking experimental COVID vaccines; and
Whereas it is neither feasible nor safe to mandate experimental vaccination given the large number of COVID-19 recovered patients in the general population and the FDA/Pfizer/Johnson&Johnson/Moderna protocols which excluded COVID-19 recovered patients; and
Whereas it is neither feasible nor safe to administer experimental vaccines to many groups of patients, such as persons with post-natural infections, waning titers, allergic reactions, as well as childbearing women, etc.; and
Whereas public and private measures are nonetheless being considered to mandate experimental vaccinations in order to participate in certain public activities and functions of daily American life, including but not limited to: employment, in-person school attendance, public transportation, and concert performances; and
Whereas “vaccine passports,” “digital health IDs,” and other such required documentation pose substantial risks to personal privacy and equal treatment before the law for all citizens of the United States; and
Whereas administration of the experimental COVID-19 vaccines according to guidelines established by the CDC’s Advisory Committee on Immunization Practices do not provide adequate protections for average Americans concerned about potential health hazards associated with the inoculations; and
Whereas the public is entitled to receive unbiased, transparent, easily accessible medical information related to all vaccines from their public health officials; and
Whereas the doctors and nurses administering the inoculation are required by law to give informed consent and they cannot do they if they themselves are not informed; and
Whereas the emergency powers assumed by the chief executives of certain states as well as municipal leaders violate certain unalienable rights guaranteed under the US Constitution and its and Bill of Rights and therefore deserve redress; and
Whereas while these legitimate grievances are pursued by the courts of various states, lawmakers at the state and federal levels must enshrine certain rights against encroachment by decrees that are not medically or scientifically indicated, such as vaccine mandates, in order to ensure the continuity of these rights; and
Whereas specifically that a COVID-19 Vaccine Bill of Rights provided by this resolution against COVID-19 vaccine mandates provides an example of adoption for other legislative bodies across the United States to be recognized and upheld by the attorneys general of those states; and
Whereas that the major principles of this Vaccine Bill of Rights will include a minimum of five (5) of the following seven (7) provisions:
No persons will be mandated, coerced, forced or pressured to take an experimental or “investigational” medication.
All persons reserve the right, at all times, to determine what is in their own best medical interest without threat to their livelihood, schooling, or freedom of movement.
No physician or nurse shall be asked by an employer to promote a COVID-19 vaccine.
All healthcare providers must attest that they are aware of the VAERS database and their professional obligation to check it regularly and share information about VAERS with each vaccine recipient. All persons will be informed of the specific vaccine they are receiving.
All persons must be given access to independent information to help them determine what is in their own best medical interest, including the risk of death based upon age/condition from contracting the virus naturally. This must include information from sources that are independent of a conflict of interest. For example, pharmaceutical companies have an inherent conflict of interest, as do government or quasi-government institutions. Such information can be included but cannot be the sole source of information.
The frail elderly are additionally entitled to a knowledgeable, independent advocate with medical training to help them determine their own medical interest.
Private businesses operating within the jurisdiction have no legal authority to require or mandate or coerce medication or experimental medication for any persons; and
All public and private entities and persons must abide federal medical privacy laws(HIPPA) which protect patients’ privacy
Whereas technical guidance for employers released by the U.S. Equal Employment Opportunity Commission (EEOC) in December 2020 should not be understood to undermine employee constitutional rights laid out herein; and
Whereas out-of-state commercial vendors, such as Ticketmaster, cannot require venue operators and organizers to mandate proof of vaccination from concertgoers and other paying customers before freely entering a venue on private or public property; and
Whereas K-12 vaccinations cannot be required without certain clear and consistent exemptions applied, among them medical and conscience clauses, or risk forfeiting a district’s or school board’s authority to authorize such a mandate, nor can a vaccine mandate for these populations be a factor in federal and state school-aid funding; and
Whereas interstate carriers such as airlines and all forms of public transit calling for so-called “vaccine passports” as a condition of entry cannot be allowed to operate with state licensure and waivers, and furthermore this resolution would call on federal entities such as the FAA to issue new rules prohibiting COVID-19 vaccine mandates for all carrier crews and customers; and
Therefore, be it resolved that the House of Representatives memorializes a COVID-19 Vaccine Bill of Rights for the purposes of defending the constitutional liberties of its citizens, promoting sound science, and outlining a framework of best practices for state authorities and federal regulators to develop in this evolving phase of experimental vaccine administration and implementation.
Be it further resolved that copies of this resolution be sent to the President of the United States, the United States Senate, the Federal Aviation Administration, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, and the U.S. Justice Department’s Civil Rights Division.
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