A detention officer in Doña Ana County, New Mexico has now made history by suing his employer after they attempted to terminate him fo refusing to take a mandated vaccine for Covid-19.
His suit raises the issue of whether employers, airlines and other public and private entities will be able to fire or discipline employees who choose not to take the coronavirus vaccine.
As MSN reports:
Detention officer Isaac Legareta claims in a federal complaint that mandating employees take vaccines that are not yet fully approved by the federal Food and Drug Administration violates the Food, Drug and Cosmetic Act.
The vaccines developed by Pfizer/BioNTech and Moderna were both approved for emergency use in December, while a third vaccine under development by Johnson & Johnson was authorized on Saturday. All three are undergoing the clinical trial process.
Federal law requires disclosures to individuals about an unapproved product including risks and benefits with “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 federal Centers for Disease Control and Prevention’s advisory committee on immunization practices stated last summer in public session that vaccines under emergency use authorizations may not be mandated.
Will the federal courts rule in favor of the constitutional rights of those defying the vaccine mandate, or will they rule that the public interest overrides private liberties? Let us know what you think in the comments below.
I took the vaccine because I’m a healthcare worker but I support everyone’s right to decide for themselves whether or not they want to be vaccinated.
The right to choose to secure protection has some ramifications when living in a mobile society. Sure refuse as long as one has the health care coverage to assume the necessary treatment when infected in order to sustain one’s life until cured. Then somehow, and most importantly, we also have to address transmissions during a pandemic especially when a carrier may be readily disbursing the virus to other innocent victims not yet infected who could very likely pass on once infected. I don’t believe that the medical parishioners are Gods as some may imply but I do know that 4 legged jackasses do not have the alleged “free will” we as human being supposedly possess for which we have corresponding moral and legal responsibilities.
Interesting argument. But , after the data was collected, it’s shown this “pandemic’ is no worse than any OTHER outbreak of influenza.
The same could be said for those people who go out into the community knowing the have some illness, even one without a vaccine. Shouldn’t they by your comment be held accountable for infected someone else? Kids are sent to school all the time with illnesses – that is why you have so many cases of strep – and while most think strep isn’t a big deal, a strep blood infection is 60% fatal! We live in a free society and with that comes responsibility – and that should include ANYONE who is ill should NOT be going out in public! Also, if vaccines work, then why are the vaccinated so concerned about the unvaccinated?
Great response and right on. People and children go out sick all the time. Look at a doctors office . For many years before Covid the doctors did not divide their patients into groups of sick and not sick in the waiting room. You could catch a cold or flu in the doctors office. How is that for responsible health practices! My mother kept us in until we were not contagious.
A body needs rest. This vaccine is an experiment. Too scary for me.
Hydroxychloroquine, antibiotic and Vitamin D work. People in Africa and India have much fewer cases due to this drug. Ask yourself why our government didn’t want a proven drug. This is an injustice. It is our right
to choose. And we must dig for the truth and not just trust the government.
Being a child of the 50’s I sure am glad we were not allowed to attend school until we had all our vaccinations up to date. Measles, mumps, polio… I can remember when talk about the vaccines were being tested, then produced, oh, I’m not going to get that shot till it’s proven. All of a sudden the lines to get the shot are many hours long and people are complaining there aren’t enough to go around. Which is it folks? Vaccine or no vaccine? Make up your minds, stop listening to the MSM and think for yourselves!!!!!
I am a Christian Science believer and they want me to abandon my beliefs. NO WAY
Private I will not take this it is my right to refuse it when they become God let me know I am not a child jackasses
No one in America should be FORCED to take any medication!!! It is the right of each American citizen to take whatever medication is prescribed to them. AND THIS IS THE WAY IT SHOULD BE!!!
And that should include children.
dear God please leave the children alone… Please do not give them to newborns.. have we lost our minds completely???
I don’t believe Americans have lost their minds unless they’re Democrats. Every proposal from every one of them is more outrageous than the previous one.
Haven’t seen anywhere that it’s safe or recommended for children yet! The incidence in children is very low also.
Only the liberals
MANDATED SHOTS ILLEGAL HERE AS IT IS OUT SIDE OF THE CINSTITUTIONAL BOX FOR ENACTING LAWS UNDER THE RULESSTATED AS TO HOW THEY SHALL BE INCLUSIVE TO INSIDE THE BOX!
I took the vaccine, 1st dose on 1/15 the 2nd 2/5. As it was a Trump vaccine and not a Biteme vaccine I took it willingly. Just to be clear, I wouldn’t take an aspirin for a head ache if BiteMe said to.
No one is saying you have to take the vaccine all they are saying is if you don’t have the vaccine you don’t have a job. Your choice whether you want the vaccine or not or your choice whether you want a job or not. It is all about choice, you have a choice they have a choice. Now if they said you don’t get the vaccine you go to jail that’s different.
I call that force. If you want your job you better take the shot . I call that FORCE not a choice. Going to jail or take the shot is also not a choice but FORCE . No alternative ! FORCE!
This is an experimental vaccine! Your employer cannot mandate an experimental, trial drug! I hope the Court takes up the case on its constitutional merits.
Don’t trust the Supreme Court to do the right thing anymore
I agree with the employee. Since the drug is still in clinical trials it has not been fully approved. They can’t force him to take the shot. What if he does from a reaction? However I would be glad to come and get his shot. My rural county in Pa still is taking a back seat to Philadelphia. I watched many people getting the shot who are obviously not in Class 1 A. So much for fairness. Nuff’said.
Its a personal choice, there are a lot of Healthcare worker’s who won’t take it, that says something
The law is clear. No one can mandate an experimental vaccine except possibly the military for certain people in military service.
Experimental or not, this is America and a place where you can’t be forced to have a vaccine or take a pill whether it is experimental or not. If the employer wants to enforce that the employee must wear a mask at all times and have a temperature check before entering the workplace and even provide a negative Covid test result once a month fine, but to have to put something into your body that you disagree with is not OK. This is not the first person that has been fired for refusing to get vaccinated either.
I think that taking the vaccine should be optional. Personally I think the Covid 19 Flu is grossly misnamed I think it should be called the Political Flu . . . . . politicians are making hay with the quarantines and isolationisms and other discriminations on those who defy the mandates of the politicians. if the Political flu is as contagious as what the politicians claim, why are there not massive outbreaks of the flu after the close quarters in places like the riots in Seattle and Portland, what about the poor living on the streets, they are living with basic strangers in close quarters in hovels. What about the BLM riots where they are chanting and shouting with spit flying in the air. Why are churches closed and forbidden to sing while rallies of D’genrats are allowed to mingle and sing. President TRUMP has held many rallies and none of them have resulted in the outbreaks that the politicians claim are going to be the result of these gatherings. again it is NOT Covid 19, BUT it is POLITICAL FLU
I would not give them the amunition to fire back with that information .
I will not take the vaccine. Who’s to say in ten years we all develop a third boobie on our forehead… Uhm no thanks not chancing it!! I’m excited to hear about employers if they will be able to force their people to take it or not.
How is my being vaccinated in the public interest? If I don’t get the vaccine, I may get the virus. If you get the vaccine, you don’t get the virus(theoretically.) By me not getting the vaccine does nothing for or against you getting the virus. So where is the public interest? Leave me alone, I’m smart enough to make up my own mind and know as much or more about immunity as any human doctor – retired veterinarian. To Lefty 64 – what other liberty are you willing to give up to have a job. Next, they may fire you if you don’t own an electric car or you don’t have solar panels or wind turbine in your yard. Where do you draw the line? I draw mine where what I do only impacts me. You don’t get to tell me where, when or how to live. Got it!
Just google up Dr. (?) Tenpenny or Dr. Simone Gold and hear what they have to say about the vaccines. I don’t blame anyone for refusing the crap they’re passing along to the citizens of this country who are idiotically lining up, just like lemmings, to get them. As a 79 year old, I can probably get the vaccine rather quickly. No thanks, you can take my place in line.
The ACLU is strangely silent on this subject. You’d think they’d be up in arms about the government forcing anything like this on a person. But then I guess it doesn’t involve Christianity, so they don’t care.
I will not take until approved period!
Here we go again! More monstrous, dictatorial treatment of American citizens by the
god-damed federal/state governments. When is somebody going to put these government monsters in the graveyard, where they belong. And Biden and Harris should go first.
when they develope a concoction and its not proven to relive the sysmtoms,and has side evffects,and could harm you or decease you. would you take rat poisin ? i think not when you ask whats in the vax they wont tell you why? use ur own brain as to why ur not getting it
I guess that if the mandated vaccination cause a severe reaction the government is liable! Fair is fair. So far the government has shown nothing but flip flopping and bad judgement. Why would anyone think they have it right this time?
I absolutely REFUSE to take it. It’s made from fetal cells of aborted fetuses, and that goes against my religious and morals beliefs and convictions. But if others choose to get it, that’s their right.
While freedom is important, so is truth. The way the bureaucracy throws around their authority raises questions about their motives. Science is about determining the odds, as there are few absolutes. The Johnson & Johnson and Pfizer vaccines seem to be the safest.
End public employee unions and put term limits on government employment.
I PRAY THEY ARE RATIONAL> ABOUT A VIRUS THAT HAS 97-98% recovery rate.. I pray that they acknowledge and have read about safer and healthier alternatives to the “jab”.. A FDA unapproved experimental gene therapy has not been sufficiently tested; which CDC is now been collecting adverse reaction data from the “guinea pigs” who took the “jab”.. plenty people have died from this “jab” just look up VAERS.. The federal Centers for Disease Control and Prevention’s advisory committee on immunization practices stated last summer in public session that vaccines under emergency use authorizations may not be mandated.
If the federal government is GOING TO BE ADAMANT ABOUT “A WOMAN’S RIGHT TO CHOOSE,” then the federal government is GOING TO UNDERSTAND THAT I HAVE THE RIGHT TO CHOOSE WHAT GOES INTO MY BODY!! Because that’s the argument, RIGHT!! It’s a woman’s body? WELL, IT’S MY BODY AND I MAKE THE DECISION AND BILL GATES can go pound sand!!!
The employers shouldn’t mandate Corona vaccines. We can choose what’s best for our body. How come they’ve been honoring the woman’s right to choose the abortion but not the vaccine?
My body my choice. The same line used to support abortions should apply equally to the decision to vaccinate or not. No one is fired for an abortion.
What happened to the mantra from the left…”my body, my choice?”
As a child of God who believes what the Bible says, I say keep your covid vaccine. My opinion, all they want is our DNA, which has already been handed over to China. The ones who created the virus to begin with. Also want to alter our DNA so we become mindless. Again my opinion but can somebody tell me why no cases of the flu were recorded last year? Everything turned into covid even gun shot wounds. I REFUSE to believe their lies and choose to trust in the Lord instead.
No one has the right to mandate anything against our civil liberties. We must win this lawsuit because that’s called dictatorship.
To borrow a phrase from another group. His body, His choice.
Falls along the same lines,” My body, my choice”. Sign a waver and keep on file. The courts had better follow the constitution not mass hysteria!
So those of you that want/demand for the good of the country to get the vaccine, do you condemn President Biden for letting thousands of illegals in the country without testing or vaccines?
I have to ask the obvious question: If you take the vaccine and are protected by it, why would you care if I chose not to be part of the experiment?
MY BODY MY CHOICE. NO to VACCINATE. I am NOT a Gianna pig for the Government.
More than 100 illegal immigrants released by the Border Patrol into Texas since late January have tested positive for the coronavirus following their arrival, officials in a city on the U.S.-Mexico border tell Fox News. Felipe Romero, a spokesperson for Brownsville, said Wednesday that the 108 positives represent 6.3% of the number of total migrants who have been rapid-tested at the city’s main bus station, where they are being released by the Border Patrol. Rapid testing of the individuals began there on Jan. 25. He added that Brownsville does not have the authority to prevent those who test positive from traveling elsewhere in the U.S.
I guess the left saying on abortion of “my body,my choice” doesn’t matter to them on the vaccine
With the survival rate at 99+% nobody should be forced to take an “experimental” vaccine period! And make no mistake about it… it is experimental!!!
No one should be forced to take any medication. People stand behind abortion with the excuse that it’s the womans body and her choice, yet they want to force people to put so called medicine (still experimental) (not even FDA approved) in our bodies. No drugs or medications should be mandated by jobs or government. And any company who dismisses or won’t hire because of this in a free country shouldn’t recieve any benefits or tax breaks. And if they terminate because of this they should sue.
Everyone does not have the right to out others in harm’s way by not receiving a vaccine be it covic 19 or the measles vaccine because they are afraid of what they have been told by uninformed people man or woman up and think about others that your asinine actions could kill.
The left wants choice for murdering babies. Why not let people choose to take the vaccine or to not take it. I choose to not take it but to each his/her own
Everyone should have the choice whether they want the vaccine or any other medicine. When the government starts mandating what medicine you put in your body, censoring what you can and can’t say, refusing churches to be open while casinos are open, there is a problem. Nazi Germany began the same way–neighbors reporting neighbors, children reporting parents,etc. I just recently reread the Bill of Rights. This government is way out of line.
No vaccine should be mandatory!
This vaccine was the goal! It will have long term negative affects on your DNA and God given immune system. That was always the plan, to depopulate humanity by the Cabal. Sadly the real medical facts and after effects are removed and banned on all Social Platforms. There is no pandemic. The term Pandemics meaning was changed by Congress years ago, ready for this!
If the needle doesn’t have ink in it not for me. Try and force me to take it. Well that’s another thing. Wrath
No one should be forced to take any vaccine, and that should include employers and schools! There are people that the vaccine is contraindicated. I’ve also read that if you have already had covid, then you could have adverse reactions to the vaccine. Disease spreads and it will continue to spread. The vaccine isn’t 100% either!
Hey, my body my choice, right?
I Believe it’s the officers right to say no. Unless we have completely given up our privacy rights. I have taken the vaccine because of family
Members with underlying issues. Otherwise I wouldn’t have taken it.
My body–my choice🤔
If you read the facts you will realize these are not vaccines. They are injections created to use RNA to message your DNA to respond to the makers and their vision of the new human. They want you dead? You will die. You realize they want the population reduced, right? Are you the human they want to eliminate? Be cautious…do not be ruled by the fear they are pushing. They are destroying anything that does not serve their greed.
No one reads the constitution nor do the understand simple English. We have unalienable rights so the politicians can go pound sand. My family came on the Mayflower and agreed to some simple things in the Mayflower Compact. Reade the bill of rights the right to own a gun cannot be infringed. God gave us all the right to protect ourselves, family and neighbors, only God can Take It Away.
If they keep this up we will have to band together and sue them for Treasonto the Constitution.
The drugs have not been approved; until officially approved there should be no mandate for accepting the drug. There are people who may be placed at risk for drug reactions because there is no data about the risk for special populations.
A 1905 SCOTUS case ruled, in Jacobson v. Massachusetts, that the city of Boston was within its police power rights to fine anyone $5 who refused smallpox vaccination. Would the court reach the same decision today? Some things have changed: there was no FDA in 2905; smallpox vaccination was well-established and considered safe, not recently approved for “emergency use” only; the plaintiff in the 1905 case was contesting the monetary fine, not the mandated vaccination itself, since there was no provision for actually forcing vaccination on any person.
I hope that SCOTUS takes on a vaccination case today if one lands on its doorstep. Stare decisis aside, it is high time to review the 1905 decision.
You should not be forced to take the vaccine. It does not protect you or others. Whatever happened to “it’s my body” or is that only for killing babies. It seems to me that killing babies is more lethal.