Opposing Mandatory Vaccination
Lawyers are working to close CDC loopholes of forced medication, quarantine, and human microchipping.
Health-freedom attorneys for the Pandemic Response Project (PReP) are not happy with President Obama's CDC and its latest (August 2016) proposed rules allowing forced medication, quarantine, and electronic tracking of humans. And sadly, the 50 States (especially California) are among the worst offenders of health freedom, so the situation is relatively complex when it comes to protecting legal rights during a pandemic.
So, we want to empower the Federal Government to (1) reign in the CDC and (2) ensure the States respect basic health freedoms such as the right to be free of forced vaccination and microchipping.
Take Action Today -- Change.org Petition
The attorneys (myself included) are proposing a new Federal law to stop the CDC – our law is called The Homestead Self-Quarantine Protection Amendment ("HSQP"). You can watch our video and sign our petition today to guarantee the right of individuals and families to (1) self- quarantine at home during emergencies, and (2) remain free of forced medical treatment and tracking devices.
Quarantine Law: History of Deference to the State Continues in the Present
If you are new to researching quarantine law, then you may be shocked by how draconian the legal system is during a pandemic.
Here is a hypothetical worst case scenario I've prepared simply by applying the CDC's latest (August 2016) proposed federal quarantine regulations during a "pandemic":
"You there, stand still. I'm a 'health worker' with the CDC. I'm detaining you for 20- minutes to 2-hours without any probable cause, because I'm going to question you and examine you. First, I'm going to touch your forehead with my latex glove... If I think that you "feel warm to the touch", or even if you look "flushed", then you are legally defined as "reasonably believed to be infected". That means I can order you immediately to a quarantine camp where you will be housed with other infected individuals for hours or days. At some point during your encampment, we will actually test your blood for the infectious diseases that others in your camp have been spreading liberally throughout our overcrowded facilities. We can forcefully medicate you if we feel it is in your best interest. You're welcome by the way.
Now, before I feel your forehead, I command that you bring your children to me so I can touch their heads too with my glove. I'm a health officer, so by law if you resist my orders, you have just committed a misdemeanor punishable by up to one year in prison. Once I determine that your children 'feel warm to the touch', they will also go to quarantine, but in a different quarantine location than you. Or, if your children are not 'warm to the touch', they will still be forcefully medicated because once we take you into quarantine, then the law requires that your children go immediately to temporary foster care, where forced medication is mandatory.
By the way, I saved the best part for last...
"individuals who are reasonably believed to be exposed to or infected with a quarantinable communicable disease ... include monitoring through electronic and internet-based means [which] may include wearable tracking technologies, and other mechanisms or technologies as determined by the Director or supervising health authority."
Trust me, even though our electronic monitoring devices treat you like a beast, it is not foreshadowing some silly 'mark of the beast'. Your bible is not real, and our science is... god, you feel warm to the touch."
Many Americans would naturally wonder, 'how exactly did we get to this point in constitutional law where 'we the people' actually need a special health freedom law like HSQP to protect us from forced medication and electronic tracking? Shouldn't these rights already be obvious?
The short (and incomplete) story is that things took a turn for the worse around 2008 when the ACLU was requesting from the CDC, "guidance as to when the federal government may detain individuals [and] what procedures must be followed." Citation.
I actually liked the ACLU's optimism, but there is also the infamous expression, 'be careful what you wish for'. Here is the key excerpt from the ACLU presentation:
"Highly discriminatory and forcible vaccination and quarantine measures adopted in response to outbreaks of the plague and smallpox over the past century have consistently accelerated rather than slowed the spread of disease, while fomenting public distrust and, in some cases, riots.... Existing federal regulations provide almost no guidance as to when the federal government may detain individuals or what procedures must be followed." Annas, G., Mariner, W., Parmet, W., Pandemic Preparedness: The Need for a Public Health (Not A Law Enforcement/National Security) Approach. American Civil Liberties Union, January 2008.
In retrospect, it appears that scholars asking the CDC for guidance was dangerous.
GreenMedInfo readers can especially appreciate this aspect of our world - petitioning the current CDC is like asking a grizzly bear if he'd like to sit down with you and enjoy a nice vegan dinner that you prepared. Your concept of the menu is fundamentally different than the grizzly's.
As a constitutional lawyer in California, I have been reading and critiquing emergency quarantine laws for many years. For example, in 2013 I worked with our non-profit PReP on a proposed law to guarantee families the right to self-quarantine at home during a pandemic. No forced medical treatment. No concentration camps.
We are still working to get our proposed law enacted in California and other States. You might be surprised how difficult it is to actually motivate a State legislator to address constitutional rights during a pandemic. It is like: hear no evil, see no evil, speak no evil.
Unfortunately, this is why we need Congress to act:
"History  cautions that we cannot depend on the courts to impute adequate due process and substantive rights into federal or state quarantine law. In the past and continuing well into the present, courts too often have deferred to the authority of health officials." Felice Batlan, Law in the Time of Cholera: Disease, State Power, and Quarantines Past and Future, 80 TEMP. L. REV. 53, 57-59 (2007)
August 2016 Proposed CDC Regulations
This brings me to the primary topic of this article, which I explained in detail recently during a local radio interview -- the latest proposed federal regulations from the CDC are just as draconian as their predecessors, except this time the State was 'kind enough' to add some more specifics about their quest for Caesar's emergency powers. Here are some examples:
- "Ill person means an individual who: (1) Has a fever (a measured temperature of 100.4 °F [38 °C] or greater, or feels warm to the touch, or gives a history of feeling feverish) accompanied by one or more of the following: Skin rash, difficulty breathing, persistent cough, decreased consciousness or confusion of recent onset, new unexplained bruising or bleeding (without previous injury), persistent diarrhea, persistent vomiting (other than air sickness), headache with stiff neck, appears obviously unwell; or...[list of other conditions]." Section 70.1 ("General Definitions – Ill Person")
- Medical examination means the assessment of an individual by an authorized health worker to determine the individual's health status and potential public health risk to others and may include the taking of a medical history, a physical examination, and collection of human biological samples for laboratory testing as may be needed to diagnose or confirm the presence or extent of infection with a quarantinable communicable disease. Section 70.1 ("General Definitions – Medical Examination")
- "The CDC may require an individual to undergo a medical examination as part of a Federal order for quarantine, isolation, or conditional release for a quarantinable communicable disease." Section 70.12(a) ("Medical Examination")
- "When an apprehension occurs, the individual is not free to leave or discontinue his/her discussion with an HHS/CDC public health or quarantine officer. In some cases, an apprehension may last from twenty minutes to one to two hours... the individual may remain apprehended pending confirmation that he or she is not infected or not reasonably believed to be infected with a quarantinable communicable disease." Section 70.1 ("General Definitions -- Apprehension")
- "Contaminated environment means the presence of an infectious agent on a surface, including on inanimate articles, or in a substance, including food, water, or in the air." Section 70.1 ("General Definitions – Contaminated Environment")
- "Electronic or Internet-based monitoring means mechanisms or technologies allowing for the temporary public health supervision of an individual under conditional release and may include electronic mail, SMS texts, video conference or webcam technologies, integrated voice-response systems, entry of information into a web-based forum, wearable tracking technologies, and other mechanisms or technologies as determined by the Director or supervising health authority." Section 70.1 ("General Definitions – Electronic or Internet-based monitoring")
It's important to keep in mind that these new federal regulations are supposed to be limited to "travel", as the document states:
"HHS/CDC is proposing to update the definition of "ill person" in 42 CFR §?70.1 and 71.1 to better facilitate identification of communicable diseases of public health concern aboard flights and voyages. However, HHS/CDC currently requests that aircrafts and vessels report several of the symptoms included in the revised definition of ill person. Besides aircraft and vessel operators, quarantine stations also receive illness reports from U.S. Customs and Border Protection, U.S. Coast Guard, state and local health departments, and health facilities. These reports are not included in this analysis, which focuses on reporting during travel."
However, the above is just commentary the regulators provide on the surface for public consumption. No one will remember that commentary after the regulation is passed and a pandemic is underway. Instead, the authorities will enforce the literal language of the very section cited, 42 C.F.R. section 70.1, "Interstate traffic means: The movement of any conveyance or the transportation of persons or property, including any portion of such movement or transportation that is entirely within a State or possession."
Indeed, the actual Federal quarantine law is not so limited to travel, so the new CDC regulations are dangerously 'adaptable'.
Even if I simply grow an apple for potential distribution at a local farmer's market or charity, that is potentially "traffic" under the current legal climate.
From my experience reading Federal & State quarantine laws, I do not find the new federal regulations surprising, because I know which military & university institutions the language came from -- keep reading this article for the answer.
Quarantine law helps give the word 'draconian' meaning because it can be downright tyrannical - - it grants immense power to "health officers" and then relies on their benevolence for enforcement. It's basically been that way among nations even as early as the Roman Empire.
So it was no surprise to me that the current CDC's regulations are yet another attempt to forcefully test, quarantine, and medicate you. In the eyes of the current administration, you have no guaranteed right to self-quarantine at home, but rather your rights are at the discretion of "health officers" who have historically required citizens to voluntarily [sic] line up for medication (i.e., circa 1900 in US cities experiencing infectious disease situations). And historically, most people did. As for those who didn't, the health officers visited homes, one-by- one.
Interacting with a health officer directly is a serious event – it can change your entire life in an instant. First, stay calm. Do not shut the door on them, and do not run from them. Do not brandish a weapon. Be exceedingly respectful but not pandering; present yourself in the cleanest and most professional way you can. Think twice before you complain of anything physical -- even a headache is a potential reason to label you "reasonably believed to be infected" under the new federal regulations. Do not cough, do not sniffle, do not sweat. Breathing is allowed, but not heavy breathing or shortness of breath. Also don't breathe on the health officer. The new federal regulations state the questioning may take approximately 20-minutes to 2-hours.
If the health officer requests your consent to some kind of testing, you may wish to request that your attorney and your personal physician be present before you either say 'yes' or 'no thank you, not at this time, place, and manner, but I will continue to consult with my personal physician; are we done here?'. Lastly, hope for the best.
I've been following these issues for years -- the Obama administration's CDC is just the front organization for these latest federal regulations. The actual police-state powers behind these latest regulations go much deeper than the CDC. For example, in the wake of the World Trade Center attacks (and sweeping Patriot Act fervor), it was the Federal military and defense forces (especially in cooperation with university bioterrorism researchers at Georgetown and Johns Hopkins) who began pushing these same mandatory quarantine and compulsory vaccination laws.
At first they tried to request the 50 States adopt their proposed laws (called the "Model State Emergency Health Powers Act (MSEHP)"). When the 50 States declined (other than passing a few bits and pieces), the federal military powers simply repackaged their model legislation (that is, they changed its name to "Turning Point Initiative"). The 50 States rejected that model legislation too.
So the Obama CDC's latest federal (militaristic) regulations (in 2016) are the third attempt to pass portions of the Health Powers Act. This time though, the federal powers are sidestepping the States (which is constitutionally significant because States traditionally are responsible for infectious disease control on a local level). The regulations claim their authority comes through the Federal Surgeon General's authority to regulate infectious disease among the States.
Realistically, we're not going to stop these new regulations in court -- and even if we did stop them, the Federal & State quarantine laws already on the books are just as draconian (i.e., allowing forced medical testing, immediate quarantine, administrative hearings only, and criminal penalties for noncompliance). These new proposed federal regulations continue the prevailing rule among the States -- home quarantine is a mere option at the discretion of the local health officer.
Would some health officers take bribes? Would some be coerced by the politically connected? Sadly, yes.
But let's not get side-tracked...
At the global level, the World Health Organization (WHO) is revising the International Health Regulations and preparing a WHO Model Public Health Act to Advance the Millennium Development Goals. These UN regulations are projected to be just as draconian as the regulations coming from the Obama Administration today.
So my primary point here is that quarantine writing has been on the wall for a long time. For example, by order of Congress, the CDC already stockpiles pharmaceutical drugs, vaccines, and medical supplies (it's called the Strategic National Stockpile). And by Executive Orders, the federal powers have been continually building barbed wire quarantine camps for the next major event of civil unrest. Here's an almost certain fact: organic food will not be on the menu in those camps.
Neither of your governments (Federal or State) stockpile natural remedies, nor do they offer organic homesteads for people to space out and live freely in the event of pandemic. If you want natural remedies and an organic homestead, you need to obtain one yourself.
Again, the writing is already on the wall -- here is Supreme Court Justice Antonin Scalia speaking (before his death) to law students on the possibility of America repeating its World War 2 concentration camps, "you are kidding yourself if you think the same thing will not happen again."
If you want to live peacefully natural during a pandemic, you may need to make it happen for yourself by naturally separating your family from overcrowded public spheres, as much as possible. A great way for families to stay safe(r) is to live on country estates, and do their very best to stay away from agencies like the CDC. On some level, the best interaction with the CDC is literally no interaction at all.
If you can't afford a country estate, then consider connecting with any of the thousands of eco- communities that are already living off the grid. Examples: http://www.ic.org/directory/intentional-communities-by-country/
By the way, do you feel warm to the touch?
"Today, all adults have the constitutional right to refuse examination and treatment, and such a refusal should not result in involuntary confinement simply on the whim of a public health official. At the very least, persons suspected of having a contagious disease should have the option of being examined by physicians of their own choice and, if isolation is necessary, of being isolated in their own homes. The requirement [in the Model Act] that physicians treat patients against their will and against the physicians' medical judgment under penalty of criminal law has no precedent and makes no sense." George Annas, Bioterrorism, Public Health, and
Civil Liberties (2002).
For information on the negative effects of vaccinations, visit the GreenMedInfo.com Research Dashboard.