Prohibit vaccine passports in Centre County
Draft resolution protecting the human rights and civil liberties of Centre County residents.
Cut, paste and send to:
Centre County Commissioner Michael Pipe - mike@centrecountypa.gov
Centre County Commissioner Mark Higgins - mark@centrecountypa.gov
Centre County Commissioner Steve Dershem - sdershem@centrecountypa.gov
Centre County Administrator Margaret Gray - mngray@centrecountypa.gov
Centre County District Attorney Bernard Cantorna - bcantorna@centreda.org
Centre County Deputy District Attorney Sean McGraw - smcgraw@centreda.org
Centre County Sheriff Bryan Sampsel - blsampsel@centrecountypa.gov
Adapted for Centre County from Lander County, Nevada version
RESOLUTION NO. 2021-xx
of the Centre County Pennsylvania Board of Commissioners
SUMMARY: A RESOLUTION PROHIBITING THE CENTRE COUNTY COMMISSION OR ANY CENTRE COUNTY BOARD, AGENCY, DEPARTMENT, POLITICAL 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
WHEREAS, an individual’s COVID-19 vaccination status and records are protected health information which should not be shared by mandate; 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 "vaccine passports" for taking part in everyday life — such as for employment, attending school, or a 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
WHERAS, Jim Crow laws were upheld in 1896 in the case of Plessy v. 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
WHERES, 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, Pennsylvania law does not require Pennsylvanians to receive a COVID-19 vaccine and it is a personal choice and where some Pennsylvanians because of their age, medical condition, religious or philosophical objection are unable to receive a vaccine; and
WHEREAS, the U.S. Supreme Court ruled vaccines "unavoidably unsafe" in Bruesewitz v Wyeth LLC (2011); and
WHEREAS, all COVID-19 vaccine manufactures, 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 vaccination) 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 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 has adopted 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 Centre County Board of Commissioners has serious concerns that implementing COVID-19 "vaccine passports" will violate Centre 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 Centre County residents and the free flow of commerce within the county.
NOW THEREFORE, BE IT RESOLVED, that the Centre County Board of Commissioners, do hereby proclaim and declare as follows:
1. No Centre County commission, board, agency, department, political subdivision, agent or assigns, shall:
a. Require as a 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 Centre 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 revenues.
6. The Centre County Department of Health shall engage with other counties in Pennsylvania to convene an ad hoc working group for the purpose of promulgating 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.
7. 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.
PASSED AND ADOPTED this _____, day of _______________, 2021.
