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NY judge temporarily blocks mandated flu vaccines

Cold Highway

Cold Highway

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The order came as the Public Employees Federation sued to reverse a policy requiring vaccination against the seasonal and swine flu viruses, arguing that state Health Commissioner Richard Daines overstepped his authority.

The health department said the workers must be vaccinated by November 30 or face possible disciplinary action, including dismissal. PEF said it encourages members to get flu vaccinations, but opposes the emergency regulation requiring the vaccine as a condition of employment.
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Woot! Dodged that bullet, for now.

NY judge temporarily blocks mandated flu vaccines | recordonline.com
 
They are making an interesting argument. They are not even attempting to argue that the state has no authority to mandate vaccinations of health care workers:


Union officials argued that the regulation, if deemed necessary, should have come from the Legislature and not from the health department.
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I don't think I saw any posters here making this argument (maybe I missed it). Those opposed were saying the state had no such authority.
 
Until a permanent injunction is in place or the Supreme Court rules these laws as Unconstitutional those of us living in 38 States face the same type of Draconian ruling on H1N1 and any other health emergency deemed to threaten the public health and safety on the whims of the State Governments.
It's called the The Model State Emergency Health Powers Act and is An Assault on Civil Liberties in the Name of Homeland Security. And it is very real and the law in as I said 38 States.
The Model State Emergency Health Powers Act: An Assault on Civil Liberties in the Name of Homeland Security
I suggest you read it and the do everything you can to get it repealed before the current Communist in the White House and his minions use it against you.
Yes it may have started under Clinton and Bush but they were not Communists working to become dictators ad Obama has proven to be.

If you are capable of reading English here is some of what you will find.

A THREAT TO FUNDAMENTAL RIGHTS
Under this legislative proposal, once a public health emergency is declared, governors and state public health authorities would be granted greatly expanded police powers. While a few other actions are enumerated, I want to bring to your attention 10 main powers conveyed into the hands of only a very few individuals by this model plan.

Under the Model State Emergency Health Powers Act, upon the declaration of a "public health emergency," governors and public health officials would be empowered to:

1.Force individuals suspected of harboring an "infectious disease" to undergo medical examinations.
2.Track and share an individual's personal health information, including genetic information.
3.Force persons to be vaccinated, treated, or quarantined for infectious diseases.
4.Mandate that all health care providers report all cases of persons who harbor any illness or health condition that may be caused by an epidemic or an infectious agent and might pose a "substantial risk" to a "significant number of people or cause a long-term disability." (Note: Neither "substantial risk" nor "significant number" are defined in the draft.)
5.Force pharmacists to report any unusual or any increased prescription rates that may be caused by epidemic diseases.
6.Preempt existing state laws, rules and regulations, including those relating to privacy, medical licensure, and--this is key--property rights.
7.Control public and private property during a public health emergency, including pharmaceutical manufacturing plants, nursing homes, other health care facilities, and communications devices.
8.Mobilize all or any part of the "organized militia into service to the state to help enforce the state's orders."
9.Ration firearms, explosives, food, fuel and alcoholic beverages, among other commodities.
10.Impose fines and penalties to enforce their orders.
 
I'd like to know, what makes healthcare workers so special requiring this vaccine when bank tellers and grocery clerks have far more contact with the public, many of whom are immuno-compromised due to a myriad of chronic health problems.
 
jackalope said:
They are making an interesting argument. They are not even attempting to argue that the state has no authority to mandate vaccinations of health care workers:

I don't think I saw any posters here making this argument (maybe I missed it). Those opposed were saying the state had no such authority.
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I agree with you, and them. The order should come from a legislative body, not a lower department. I suspect though that even if the legislature handed down such a ruling, the issue would end up in the State Supreme Court anyway.

It's unjust to force people to choose between their career or their bodily integrity, unless there is a genuine emergency. The swine flu does not qualify, and I don't care what anyone says. It's not more threatening than the seasonal flu and the fatality rates have been the same.
 
Councilman said:
Until a permanent injunction is in place or the Supreme Court rules these laws as Unconstitutional those of us living in 38 States face the same type of Draconian ruling on H1N1 and any other health emergency deemed to threaten the public health and safety on the whims of the State Governments.
It's called the The Model State Emergency Health Powers Act and is An Assault on Civil Liberties in the Name of Homeland Security. And it is very real and the law in as I said 38 States.
The Model State Emergency Health Powers Act: An Assault on Civil Liberties in the Name of Homeland Security
I suggest you read it and the do everything you can to get it repealed before the current Communist in the White House and his minions use it against you.
Yes it may have started under Clinton and Bush but they were not Communists working to become dictators ad Obama has proven to be.

If you are capable of reading English here is some of what you will find.

A THREAT TO FUNDAMENTAL RIGHTS
Under this legislative proposal, once a public health emergency is declared, governors and state public health authorities would be granted greatly expanded police powers. While a few other actions are enumerated, I want to bring to your attention 10 main powers conveyed into the hands of only a very few individuals by this model plan.

Under the Model State Emergency Health Powers Act, upon the declaration of a "public health emergency," governors and public health officials would be empowered to:

1.Force individuals suspected of harboring an "infectious disease" to undergo medical examinations.
2.Track and share an individual's personal health information, including genetic information.
3.Force persons to be vaccinated, treated, or quarantined for infectious diseases.
4.Mandate that all health care providers report all cases of persons who harbor any illness or health condition that may be caused by an epidemic or an infectious agent and might pose a "substantial risk" to a "significant number of people or cause a long-term disability." (Note: Neither "substantial risk" nor "significant number" are defined in the draft.)
5.Force pharmacists to report any unusual or any increased prescription rates that may be caused by epidemic diseases.
6.Preempt existing state laws, rules and regulations, including those relating to privacy, medical licensure, and--this is key--property rights.
7.Control public and private property during a public health emergency, including pharmaceutical manufacturing plants, nursing homes, other health care facilities, and communications devices.
8.Mobilize all or any part of the "organized militia into service to the state to help enforce the state's orders."
9.Ration firearms, explosives, food, fuel and alcoholic beverages, among other commodities.
10.Impose fines and penalties to enforce their orders.
Click to expand...

Luckily for most of us ... H1N1 vaccines are in very short supply.

This fact will help protect us until a permanent injunction is granted.
 
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