Part 3 of 3: Team Biden 6 prong Plan
8. There have been no COVID-19 outbreaks in San Francisco schools since students and educators went back into classrooms on Aug. 16, the San Francisco Department of Public Health announced, noting that about 90% of children ages 12 to 17 are fully vaccinated.
9. Further, in this thread, I am only posting bare minimum info for context to show that t68 is mistaken at multiple levels:
One, vaccine mandates can be implanted legally in America and Australia. There’s legal precedent in Team Biden’s favor that establishes the federal government’s authority to mandate vaccinations, said Larry Stuart, a Houston employment lawyer — pointing to a
1905 Supreme Court case in which the justices ruled that states could enforce mandatory vaccinations against smallpox. This is why I expect the OSHA ruling to sail through any legal challenge.
Two, mandating masking is allowed and it is not a constitutional right to ‘not wear masks’ and “all businesses have the right to refuse service so long as it is not violating one of those protected classes,” said Robert Mascari, chief assistant district attorney in Madison County. “You can’t refuse to serve me because I’m half Italian and half Irish. You can refuse to serve me if I’m being an idiot.” As a general rule governments, have the power to regulate in the name of safety. In a pandemic, state governments really are the key players.
Three, if a School District, a local government or federal government issues a “must wear” or vaccinate (to attend in-person classes) order, it gives a business or school a lot of legal cover to enforce requirements. Without the government’s order, an individual business or school might run into some trouble denying customers or students who claim to have disabilities that prevent them from wearing masks. The Los Angeles Unified School District, for example, as the second-largest school district in the country, approved a
COVID-19 vaccine mandate for students 12 and older — one of the most aggressive measures taken by any school district to protect children.
Four, OSHA says: “employers may choose to ensure that cloth face coverings are worn as a feasible means of abatement in a control plan designed to address hazards from SARS-CoV-2, the virus that causes COVID-19. Employers may choose to use cloth face coverings as a means of source control, such as because of transmission risk that cannot be controlled through engineering or administrative controls, including social distancing.”
10. President Biden’s 3 executive orders establish a societal norm for minimum standard in an employer’s duty of care to employees; while it may not apply to small businesses, it creates a market differential for safe to work offices and unsafe to work offices. By writing 3 executive orders, Team Biden force the Republicans (who are opposed to file 3 different challenges at court). Not only are Republican attempts likely to fail, they are costly to fight.
11. Legal hurdles specified in paragraphs 4(a), and 5 above (in most OSHA rulings) tend to work in favour of executive and the courts will want to rule in favour of them — due to well established constitutional law precedents. In an exception to this rule, on 10 Sep 2021, the First District Court of Appeals ruled in favor of Florida Governor Ron DeSantis, issuing a stay in a case that effectively reinstates his ban on mask mandates in the state's public schools to the dismay of many parents and teachers. In response to this discord being sowed by many Republicans, the Biden administration, has issued the following orders and ordered investigations, as follows:
(a) OSHA announced on 21 Mar 2021, a 12-month National Emphasis Program (NEP) for COVID-19 workplace inspections has been implemented. Meat packing plants and a broad list of identified industries now are more likely to experience on-site inspections and enforcement activities. Employers should be prepared to determine if they are subject to the NEP, and to enhance their COVID-19 safety protocols.
(b) The U.S. Department of Education Civil Rights office is concerned that Florida’s policy requiring public schools and school districts to allow parents to opt their children out of mask mandates may be preventing schools in Florida from meeting their legal obligations not to discriminate based on disability. The investigation in Florida hinges on a pandemic-era use of federal civil rights law. In the letter to the Florida Department of Education, federal officials expressed concerned that restrictions on mask use could keep schools from complying with federal laws that protect disabled students from discrimination. The investigations will also assess whether school mask bans violate the Americans with Disabilities Act of 1990.
(c) In Florida, 13 school districts encompassing 1.7 million students enacted mask mandates against the wishes of the DeSantis administration — including five in GOP-leaning counties — opening local board members to state sanctions. In addition, 3 school boards are challenging a Florida Department of Health rule designed to prevent districts from requiring students to wear masks during the COVID-19 pandemic. Attorneys for the school boards in Alachua, Broward and Orange counties filed the challenge Friday in the state Division of Administrative Hearings. It takes aim at an emergency rule the Department of Health issued last month as part of an effort, spearheaded by Gov. Ron DeSantis, to block mask mandates.
(d) The fight has drawn in the Biden Administration — only board members in 2 of the 13 defiant counties, Alachua and Broward, have been officially penalized by the Florida Department of Education, which withheld their monthly salaries.
12. A viral
video of a woman deliberately coughing on masked shoppers at a Nebraska grocery store while laughing and calling them “sheep” has a perhaps-not-altogether-surprising local angle: the woman appears to be from Scottsdale. It took amateur sleuths just a few days to identify the woman as Janene Hoskovec, who at that time worked for SAP — a longtime Scottsdale resident, at least according to her social media. SAP put out a brief statement on Twitter, apparently in reference to the incident. “The health and safety of our employees and the communities in which we live and work are of utmost concern to us,” it reads. “We are taking the matter of an SAP employee incident very seriously and investigating the situation.” Later, SAP
says she's no longer with the company.
