It Is Unlawful for an Employer to Mandate Vaccine or Wearing a Face Mask

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The Covid-19 injection is classified as 'experimental'. Under Federal law:

21 U.S. Code § 360bbb–3(e)(1) - Authorization for medical products for use in emergencies, there is a clear provision for the option to accept or refuse administration of the experimental product.

This means no business, including airlines can mandate vaccination for employees (new or otherwise) or require Vaccine Passports.

This means college/university/CUNY and SUNI requirements for Covid vaccination is unlawful.

This means no government can require Vaccine Passports due to its unlawfulness.

Government rules, guidelines, and recommendations do not exceed or meet statutory law. It is always inferior even under executive order. Only the legislature can create law. Hospitals also fall under this law. Nurses, medical doctors, and staff that have refused the Covid injection and lost their job as a result have a very valid case for lawsuits. Here is the law for Emergency Authorization Use (EAU). Remember that ALL these Covid injections are categorized as Not Approved by the FDA.

16 Am Jur 2D Section 98. “An emergency can not create power and no emergency justifies the violation of ANY OF THE PROVISIONS of the United States Constitution or States Constitutions.”

Furthermore,

16 Am Jur 2d., Sec. 97: “Then a constitution should receive a literal interpretation in favor of the Citizen, is especially true, with respect to those provisions which were designed to safeguard the liberty and security of the Citizen in regard to person and property.” Bary v. United States - 273 US 128 “Any constitutional provision intended to confer a benefit should be liberally construed in favor in the clearly intended and expressly designated beneficiary.”

Federal law prohibits the ”denial of participation” from this business establishment as found under 28 CFR §36.202. Colleges and universities are businesses.

Under 28 CFR §36.202(c) further states that unless I have been individually assessed as a “direct threat” you may not exclude me from the same and equal services as others.

Denying service is a violation of Title II, III, and VII of the U.S. Civil Right Act of 1964.

Title III Sections 28 CFR §36.202(a)(b)(c) and 28 CFR §36.203(a)(b)(c) state that I shall not be denied the same participation and equal access as everyone else. The law prohibits Alaska Airlines or Delta Airlines and others from treating anyone differently or from serving anyone separately.

21 U.S. Code § 360bbb–3(e)(1) - Authorization for medical products for use in emergencies

(A) Required conditions: (ii) Appropriate conditions designed to ensure that individuals to whom the product is administered are informed— (I) that the Secretary has authorized the emergency use of the product; (II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and (III) of 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.

OSHA released its new guidance on April 20 under a “Frequently Asked Questions” section of its website having to do with COVID-19 safety compliance. NOTE the word 'guidance' is not law by any means, but rather a recommendation or a suggestion.

Q: If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vaccine recordable?

A: If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7.

Furthermore, demanding an individual to be vaccinated or to wear a face mask as a precondition for employment or entering a business may be liable for any resulting injuries.

Face masks are designated by the FDA as a medical device and regulated under 21 CFR 878.4040. Herewith, demanding an employee or store patron to wear a mask is the unlicensed practice of medicine.

Ordering employees, vendors and patrons to accept medical advice from business personnel or store attendants (wearing a face mask or other) is not only a crime (unlicensed practice of medicine), but violates the 42 US Code §2000(a); Public Accommodations, which prohibits discrimination of people with a disability and certain religious convictions. Simply stated, the employer and employees have no idea of my medical condition and are not licensed or insured medical practitioners. The Employer or Store Manager and other employees are prohibited by law from giving medical advice, such as advising employees or patrons to wear face masks or to be vaccinated. In general, the unlawful practice of medicine is regarded as the advice given specific to a particular person's illness or injury, and has the weight of authority and the possibility of doing harm. A typical State Code or Statute states:

“It is unlawful for any person to practice medicine by offering or undertaking to prevent or to diagnose, correct, or treat in any manner or by any means, methods, devices, or instrumentalities, any disease, illness, pain, wound, fracture, infirmity, deformity or defect of any person;”

A condition of employment or public accommodation to anyone who conscientiously objects against being vaccinated or to wear a face mask, whether it is for religious or medical reasons, most certainly falls under the legal definition of experiencing 'duress' as a result of the unlawful practice of medicine. Black’s Law Dictionary defines duress as:

“Any unlawful threat or coercion used by a person, to induce another to act (or to refrain from acting) in a manner he or she otherwise would not (or would).” Subjecting person to improper pressure which overcomes his will and coerces him to comply with demand to which he would not yield if acting as free agent. Head v. Gadaden Civil Service BD., Ala.Civ., 389 So.2d 516, 519. Coersion is also defined as -- "a threat to expose a secret or deformity, publish a defamatory statement, or otherwise to expose any person to disgrace or ridicule." An employer forcing a person to wear a mask because they are not vaccinated fits the unlawful act of coersion.

Furthermore, experiencing duress as a result of an employer, or business or store attendant who “follows, monitors, or pursues another, whether in person or through any available technological or other means” is unlawful harassment. The key factor is when: “mental distress, mental suffering, or mental anguish as demonstrated by a victim's response to an act” occurs as a result of being wrongly denied their right due to their medical condition or religious belief and under the duress of the employee being discriminated against or fired or the store manager calling the police.

Employers and stores are dicta prius, not an insured medical practitioner, nor is it equipped to respond to medical emergencies created by its own rules (that violate the law and its own policies). If an employee or patron was forced to act on the employer’s or store’s medical advice and then experienced a medical emergency, the person and entity is liable henceforth to any injuries that may occur and may also be criminally negligent.

For the duration of the COVID-19 public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d), this Act makes it unlawful under Section 5 of the Federal Trade Commission Act for any person, partnership, or corporation to engage in a deceptive act or practice in or affecting commerce associated with the treatment, cure, prevention, mitigation, or diagnosis of COVID–19 or a government benefit related to COVID–19. The Act provides that such a violation shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under Sec. 18(a)(1)(B) of the FTC Act.

Section 242 of Title 18, Deprivation of Rights Under Color of Law, makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242 Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

The Covid-19 injection is classified as 'experimental'. Under Federal law: **21 U.S. Code § 360bbb–3(e)(1)** - Authorization for medical products for use in emergencies, there is a clear provision for **the option to accept or refuse administration of the experimental product**. This means no business, **including airlines** can mandate vaccination for employees (new or otherwise) or require Vaccine Passports. This means college/university/CUNY and SUNI requirements for Covid vaccination is unlawful. This means no government can require Vaccine Passports due to its unlawfulness. Government rules, guidelines, and recommendations do **not** exceed or meet statutory law. It is **always** inferior even under executive order. Only the legislature can create law. Hospitals also fall under this law. Nurses, medical doctors, and staff that have refused the Covid injection and lost their job as a result have a very valid case for lawsuits. Here is the law for Emergency Authorization Use (EAU). Remember that ALL these Covid injections are categorized as **Not Approved** by the FDA. **16 Am Jur 2D Section 98**. *“An emergency can not create power and no emergency justifies the violation of ANY OF THE PROVISIONS of the United States Constitution or States Constitutions.”* Furthermore, **16 Am Jur 2d., Sec. 97**: *“Then a constitution should receive a literal interpretation in favor of the Citizen, is especially true, with respect to those provisions which were designed to safeguard the liberty and security of the Citizen in regard to person and property.”* **Bary v. United States - 273 US 128** *“Any constitutional provision intended to confer a benefit should be liberally construed in favor in the clearly intended and expressly designated beneficiary.”* Federal law prohibits the ***”denial of participation”*** from this business establishment as found under **28 CFR §36.202**. Colleges and universities are businesses. Under **28 CFR §36.202(c)** further states that unless I have been individually assessed as a ***“direct threat”*** you may not exclude me from the same and equal services as others. Denying service is a violation of **Title II, III, and VII of the U.S. Civil Right Act of 1964**. Title III Sections **28 CFR §36.202(a)(b)(c)** and **28 CFR §36.203(a)(b)(c)** state that I shall not be denied the same participation and equal access as everyone else. The law prohibits Alaska Airlines or Delta Airlines and others from treating anyone differently or from serving anyone separately. **21 U.S. Code § 360bbb–3(e)(1)** - **Authorization for medical products for use in emergencies** (A) Required conditions: (ii) Appropriate conditions designed to ensure that individuals to whom the product is administered are informed— (I) that the Secretary has authorized the emergency use of the product; (II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and **(III) of 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.** OSHA released its new ***guidance*** on April 20 under a “Frequently Asked Questions” section of its website having to do with COVID-19 safety compliance. NOTE the word 'guidance' is **not** law by any means, but rather a recommendation or a suggestion. Q: If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vaccine recordable? A: If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under **29 CFR 1904.6** and meets one or more of the general recording criteria in **29 CFR 1904.7**. Furthermore, demanding an individual to be vaccinated or to wear a face mask as a precondition for employment or entering a business may be liable for any resulting injuries. Face masks are designated by the FDA as a medical device and regulated under 21 CFR 878.4040. Herewith, demanding an employee or store patron to wear a mask is the unlicensed practice of medicine. Ordering employees, vendors and patrons to accept medical advice from business personnel or store attendants (wearing a face mask or other) is not only a crime (unlicensed practice of medicine), but violates the 42 US Code §2000(a); Public Accommodations, which prohibits discrimination of people with a disability and certain religious convictions. Simply stated, the employer and employees have no idea of my medical condition and are not licensed or insured medical practitioners. The Employer or Store Manager and other employees are prohibited by law from giving medical advice, such as advising employees or patrons to wear face masks or to be vaccinated. In general, the unlawful practice of medicine is regarded as the advice given specific to a particular person's illness or injury, and has the weight of authority and the possibility of doing harm. A typical State Code or Statute states: > “It is unlawful for any person to practice medicine by offering or undertaking to prevent or to diagnose, correct, or treat in any manner or by any means, methods, devices, or instrumentalities, any disease, illness, pain, wound, fracture, infirmity, deformity or defect of any person;” A condition of employment or public accommodation to anyone who conscientiously objects against being vaccinated or to wear a face mask, whether it is for religious or medical reasons, most certainly falls under the legal definition of experiencing **'duress'** as a result of the unlawful practice of medicine. Black’s Law Dictionary defines duress as: > “Any unlawful threat or coercion used by a person, to induce another to act (or to refrain from acting) in a manner he or she otherwise would not (or would).” Subjecting person to improper pressure which overcomes his will and coerces him to comply with demand to which he would not yield if acting as free agent. Head v. Gadaden Civil Service BD., Ala.Civ., 389 So.2d 516, 519. Coersion is also defined as -- "a threat to expose a secret or deformity, publish a defamatory statement, or otherwise to expose any person to disgrace or ridicule." An employer forcing a person to wear a mask because they are not vaccinated fits the unlawful act of coersion. Furthermore, experiencing duress as a result of an employer, or business or store attendant who “follows, monitors, or pursues another, whether in person or through any available technological or other means” is unlawful harassment. The key factor is when: “mental distress, mental suffering, or mental anguish as demonstrated by a victim's response to an act” occurs as a result of being wrongly denied their right due to their medical condition or religious belief and under the duress of the employee being discriminated against or fired or the store manager calling the police. Employers and stores are dicta prius, not an insured medical practitioner, nor is it equipped to respond to medical emergencies created by its own rules (that violate the law and its own policies). If an employee or patron was forced to act on the employer’s or store’s medical advice and then experienced a medical emergency, the person and entity is liable henceforth to any injuries that may occur and may also be criminally negligent. For the duration of the COVID-19 public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d), this Act makes it **unlawful** under Section 5 of the Federal Trade Commission Act for any person, partnership, or corporation to engage in a deceptive act or practice in or affecting commerce associated with the treatment, cure, prevention, mitigation, or diagnosis of COVID–19 or a government benefit related to COVID–19. The Act provides that such a violation shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under Sec. 18(a)(1)(B) of the FTC Act. **Section 242 of Title 18**, Deprivation of Rights Under Color of Law, makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. For the purpose of **Section 242**, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any. **TITLE 18, U.S.C., SECTION 242** Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

[–] • 0 pt

So really and ONCE again your real issue is with what I have to say. You aren't the least bit interested in anything that doesn't reinforce your confirmation bias. You have absolutely NO idea what MY past is, what I've done, for how many years I've done it, what my knowledge of the situation may be but you are totally convinced that you KNOW me and my motives. I'm calling out bullshit plain and simple and because you don't have the stomach for it and cant defend it you get pissed. You haven't changed a single bit this has been and always will be your M.O. You behave exactly like a drone Bee that protects the Queen and the hive. its you're only function here. Deflect, obfuscate, cast aspersion . Thats all you have as you and I have been down this road BEFORE and when things got too hot for you you jumped around like a banshee touting about getting me banned and IT WAS COMING etc. You are obviously too juvenile to handle things you don't like. So you go on and keep trying to make ME the bad guy instead of the people that duped you, lied to you, promised you justice and delivered bullshit instead. Keep defending the "justice tomorrow" narrative and by all means KEEP defending that hive mind like a good little drone. it wont help. 6 months 6 years from now you'll still be waiting for people to "wake up" and for "justice for the ds" AND you'll still be defending the hive. IF there's any hive left to defend. Like I told you before, don't like what I have to say? TFB get me banned AGAIN. it seems to be your only weapon to silence someone calling out bullshit. Either THAT OR you could try a new and novel approach which would be IGNORE me. I'm not talking to YOU anyway when I post. You are obviously unreachable.

"You have absolutely NO idea what MY past is, what I've done, for how many years I've done it, what my knowledge of the situation may be but you are totally convinced that you KNOW me and my motives."

You are right, I don't know you. I'm very open to listening though. So, let's get acquainted. You are a stranger. This is based on the IFF criteria. It's true what your parents said about strangers. I've taught this in turn to all my children. So, let's get started. Tell me about yourself.

IF you're actually interested I'll give you THIS much. I spent 10 years attached to the DOJ in NY as the Network admin. People have NO idea of the enemy they are up against. Mind you i got a GLIMPSE behind the curtain. a GLIMPSE. What I saw and dealt with servicing the platforms of several different agencies was an EYE opener to say the least. do you remember the Fast and Furious scandal? When things started getting a BIT too close for comfort for the Obama Admin they decided to find fall guys and agents in NY. NY mind you not Arizona where this shit kicked off but NY ALL had files labeled F&F drooped into the PERSONAL drives PC's AND on the NETWORK drives. Now on the surface you MIGHT not find this odd but "I" had one as well. I was NOT a field agent. I had NEVER visited the AZ field office and absolutely ZERO connection to Holders gun running anymore than the NY field agents did so WHY the folder and WHO put it there? They remained empty as F&F faded more from view but that is just a taste of what they CAN and WILL do to set people up and they are DAMN good at it. During my background check they produced a file that was Phone Book thick and believe they found people in my past I thought were LONG dead. Doesnt mean I'm AFRAID or that I just roll over. But I'm telling you THEY have control of all the levers right now and when they WANT to be they can be more ruthless and efficient than the Nazi's ever dreamed. the enemy is NOT a bunch of keystone cops like they want us to believe. So believing that exposing them is actually going to change things is a pipe dream. the layers go so deep you'd be shocked. Does that mean they win forever? No but till people realize WHO and WHAT they are REALLY fighting this is all kids in a closet stuff here.

Well, I think I tend to agree with you on the depth of their corruption. I saw it on the military side. My last post to you I gave a clue.

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[–] [deleted] • 0 pt

help me, helpme -

You've made it very clear that this is all BS. I'm not going to argue that point - bc. frankly, I think there's way too much BS, too, and we need to focus on ACTION.

So - what concrete steps do you believe we should be taking at this point in time?

BUT to your point. You ask a valid question and I have answered it before on other threads but you're asking MY opinion so....as far as concrete steps to take? forget politics forget the system. You don't win by engaging. its quicksand. the more you struggle the deeper you go. DON'T play. Don't fall victim to fear porn pushers, confirmation bias grifters, Justice promisers and CERTAINLY not ANY person who claims THEY are going to DC to "clean things up". They way forward is simple DONT play. Work YOUR side of the street. effect the world AROUND you. Turn off the bullshit. the TV. Faux Snooze and dont take THIS board seriously. Whatever YOUR passion is indulge it so long as its good work. read to the blind. Do meals on wheels, go clean up the highway whatever. This SOUNDS trite this BE the miracle stuff but it isnt. The BIGGEST mission of these creeps besides power is to de power the human soul. They will NEVER stop playing that game so accept that part now. The key is not LETTING them. Thoughts, Deeds etc are energy. doing GOOD deeds builds GOOD energy or Karma if you like. The fact that they cant STOP that part of us yet is what is KILLING them. They want your soul in a box. thats not possible ANYWAY but who said these fuckers were rational? Fix YOUR part of the world that you can because its all you can really do anyway and be content WITH that. Stop trying to move the mountain by pushing at its base, take away ONE shovelful of dirt at a time instead and when all is said and done and we are all whisked out of the game of life THESE assholes and others like them will STILL be here doing their crap. its never ending. Clear YOUR karma and worry about that and YOUR corner of the world. If we all DID that every corner would already BE clean.

help me, helpme - ahahahaha ok that made me laugh. It brought me back to the Movie Billy Jack and a scene where the Reservation people are before the town board. A guy gets up and introduces himself as O.K. Corrales. They all start riding him then someone yells let O.K. speak and the town board guy says O.K. O.K.. Funny shit right there. BUT to your point. You ask a valid question and I have answered it before on other threads but you're asking MY opinion so....as far as concrete steps to take? forget politics forget the system. You don't win by engaging. its quicksand. the more you struggle the deeper you go. DON'T play. Don't fall victim to fear porn pushers, confirmation bias grifters, Justice promisers and CERTAINLY not ANY person who claims THEY are going to DC to "clean things up". They way forward is simple DONT play. Work YOUR side of the street. effect the world AROUND you. Turn off the bullshit. the TV. Faux Snooze and dont take THIS board seriously. Whatever YOUR passion is indulge it so long as its good work. read to the blind. Do meals on wheels, go clean up the highway whatever. This SOUNDS trite this BE the miracle stuff but it isnt. The BIGGEST mission of these creeps besides power is to de power the human soul. They will NEVER stop playing that game so accept that part now. The key is not LETTING them. Thoughts, Deeds etc are energy. doing GOOD deeds builds GOOD energy or Karma if you like. The fact that they cant STOP that part of us yet is what is KILLING them. They want your soul in a box. thats not possible ANYWAY but who said these fuckers were rational? Fix YOUR part of the world that you can because its all you can really do anyway and be content WITH that. Stop trying to move the mountain by pushing at its base, take away ONE shovelful of dirt at a time instead and when all is said and done and we are all whisked out of the game of life THESE assholes and others like them will STILL be here doing their crap. its never ending. Clear YOUR karma and worry about that and YOUR corner of the world. If we all DID that every corner would already BE clean.

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