I started to look at it and was sorry I did. Gerard, you’re better than this.
VanderleunAugust 14, 2021, 1:52 PM
Oh all right. Just on impulse.
gwbnycAugust 14, 2021, 2:13 PM
wtf was it?
ghostsniperAugust 14, 2021, 2:55 PM
Now I’m wondering what it was.
In the meantime, wonder about this:
Dear Boss,
Compelling any employee to take any current Covid-19 vaccine violates federal and state law, and subjects the employer to substantial liability risk, including liability for any injury the employee may suffer from the vaccine.
Three key concerns: first, while the vaccine remains unapproved by the FDA and authorized only for emergency use, federal law forbids mandating it, in accordance with the Nuremberg Code of 1947;
second, the Americans with Disabilities Act proscribes, punishes and penalizes employers who invasively inquire into their employees’ medical status and then treat those employees differently based on their medical status, as the many AIDS related cases of decades ago fully attest;
and third, international law, Constitutional law, specific statutes and the common law of torts all forbid conditioning access to employment upon coerced, invasive medical examinations and treatment, unless the employer can fully provide objective, scientifically validated evidence of the threat from the employee and how no practicable alternative could possible suffice to mitigate such supposed public health threat and still perform the necessary essentials of employment.
At the outset, consider the “problem” being “solved” by vaccination mandates.
The previously infected are better protected than the vaccinated, so why aren’t they exempted?
Equally, the symptomatic can be self-isolated. Hence, requiring vaccinations only addresses one risk: dangerous or deadly transmission, by the asymptomatic or pre-symptomatic employee, in the employment setting.
Yet even government official Mr. Fauci admits, as scientific studies affirm, asymptomatic transmission is exceedingly and “very rare.”
Indeed, initial data suggests the vaccinated are just as, or even much more, likely to transmit the virus as the asymptomatic or pre-symptomatic.
Hence, the vaccine solves nothing. This evidentiary limitation on any employer’s decision-making, aside from the legal and insurance risks of forcing vaccinations as a term of employment without any accommodation or even exception for the previously infected (and thus better protected), is the reason most employers wisely refuse to mandate the vaccine.
This doesn’t even address the arbitrary self-limitation of the pool of talent for the employer: why reduce your own talent pool, when many who refuse invasive inquiries or risky treatment may be amongst your most effective, efficient and profitable employees?
First, federal law prohibits any mandate of the Covid-19 vaccines as unlicensed, emergency-use-authorization-only vaccines. Subsection bbb-3(e)(1)(A)(ii)(III) of section 360 of Title 21 of the United States Code, otherwise known as the Emergency Use Authorization section of the Federal Food, Drug, and Cosmetic Act, demands that everyone give employees the “option to accept or refuse administration” of the Covid-19 vaccine. (https://www.law.cornell.edu/uscode/text/21/360bbb-3)
This right to refuse emergency, experimental vaccines, such as the Covid-19 vaccine, implements the internationally agreed legal requirement of Informed Consent established in the Nuremberg Code of 1947. (http://www.cirp.org/library/ethics/nuremberg/).
As the Nuremberg Code established, every person must “be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision” for any medical experimental drug, as the Covid-19 vaccine currently is. The Nuremberg Code prohibited even the military from requiring such experimental vaccines. (Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (D.D.C. 2003).
Second, demanding employees divulge their personal medical information invades their protected right to privacy, and discriminates against them based on their perceived medical status, in contravention of the Americans with Disabilities Act. (42 USC §12112(a).) Indeed, the ADA prohibits employers from invasive inquiries about their medical status, and that includes questions about diseases and treatments for those diseases, such as vaccines.
As the EEOC makes clear, an employer can only ask medical information if the employer can prove the medical information is both job-related and necessary for the business. (https://www.eeoc.gov/laws/guidance/questions-and-answers-enforcement-guidance-disability-related-inquiries-and-medical). An employer that treats an individual employee differently based on that employer’s belief the employee’s medical condition impairs the employee is discriminating against that employee based on perceived medical status disability, in contravention of the ADA. The employer must have proof that the employer cannot keep the employee, even with reasonable accommodations, before any adverse action can be taken against the employee.
If the employer asserts the employee’s medical status (such as being unvaccinated against a particular disease) precludes employment, then the employer must prove that the employee poses a “safety hazard” that cannot be reduced with a reasonable accommodation.
The employer must prove, with objective, scientifically validated evidence, that the employee poses a materially enhanced risk of serious harm that no reasonable accommodation could mitigate.
This requires the employee’s medical status causes a substantial risk of serious harm, a risk that cannot be reduced by any another means. This is a high, and difficult burden, for employers to meet.
Just look at all the prior cases concerning HIV and AIDS, when employers discriminated against employees based on their perceived dangerousness, and ended up paying millions in legal fees, damages, and fines.
Third, conditioning continued employment upon participating in a medical experiment and demanding disclosure of private, personal medical information, may also create employer liability under other federal and state laws, including HIPAA, FMLA, and applicable state tort law principles, including torts prohibiting and proscribing invasions of privacy and battery. Indeed, any employer mandating a vaccine is liable to their employee for any adverse event suffered by that employee. The CDC records reports of the adverse events already reported to date concerning the current Covid-19 vaccine.(https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/vaers.html )
Finally, forced vaccines constitute a form of battery, and the Supreme Court long made clear “no right is more sacred than the right of every individual to the control of their own person, free from all restraint or interference of others.” (https://www.law.cornell.edu/supremecourt/text/141/250)
Are we at the Because We said So phrase of civilizational decline yet?
gwbnycAugust 14, 2021, 7:08 PM
Jewel~
as Americans we’re presently under diktat by lawless agencies- if that signals civilizational decline, we’re well into it.
PA CatAugust 14, 2021, 7:21 PM
As penance for that godawful video, Gerard should post a new pic (or two) of his lovely Editor– Olive is always a treat for the eyes.
AnonymousAugust 15, 2021, 4:54 AM
Ghost-I’m wondering also though by the reactions it may be best not to see it. Thanks for the info posted as many of us will soon be facing a decision.
Ghost- great post. (Hey, that rhymes!)
I copied and saved that for future use.
BTW, since I tested negative for Covid but POSITIVE for the antibodies, that seems to carry some weight when any “mandatory vaxxing” crap is pushed in my podunk area.
Intellectual disgrace
Stares from every human face,
And the seas of pity lie
Locked and frozen in each eye.
Follow, poet, follow right
To the bottom of the night,
With your unconstraining voice
Still persuade us to rejoice.
With the farming of a verse
Make a vineyard of the curse,
Sing of human unsuccess
In a rapture of distress.
In the deserts of the heart
Let the healing fountains start,
In the prison of his days
Teach the free man how to praise.
– – WH Auden
from “1054 AD”
Sometimes it seems I had a dream, and, as a dreamer woke immersed in mineral baths closed within a cool, dark chamber fed by streams flowing in from the center of nowhere.
Hanging from the granite ceiling a kerosene lantern cast shards of light through the pale steam rising from the surface of the pools.
Ripples radiated outwards from the edges of my body and tapping faintly on the rock revealed the edges of the chamber.
Outside I could hear the wind slide across the spine of the mountains, speaking in a language that I remembered but could no longer understand.
Steam filled my nostrils and heat penetrated my bones until, after a time, I had no body, only a sense of silence and distance and calm.
The steel mill sky is alive.
The fire breaks white and zigzag
shot on a gun-metal gloaming.
Man is a long time coming.
Man will yet win.
Brother may yet line up with brother:
This old anvil laughs at many broken hammers.
There are men who can’t be bought.
The fireborn are at home in fire.
The stars make no noise,
You can’t hinder the wind from blowing.
Time is a great teacher.
Who can live without hope?
In the darkness with a great bundle of grief
the people march.
In the night, and overhead a shovel of stars for keeps, the people
march:
“Where to? what next?”
— Carl Sandberg
Camouflage
Sourdough Mountain Lookout
Down valley a smoke haze
Three days heat, after five days rain
Pitch glows on the fir-cones
Across rocks and meadows
Swarms of new flies.
I cannot remember things I once read
A few friends, but they are in cities.
Drinking cold snow-water from a tin cup
Looking down for miles
Through high still air.
BY GARY SNYDER
Chimes of Freedom
Starry-eyed an’ laughing as I recall when we were caught
Trapped by no track of hours for they hanged suspended
As we listened one last time an’ we watched with one last look
Spellbound an’ swallowed ’til the tolling ended
Tolling for the aching ones whose wounds cannot be nursed
For the countless confused, accused, misused, strung-out ones an’ worse
An’ for every hung-up person in the whole wide universe
An’ we gazed upon the chimes of freedom flashing
“From a student radical/hippie/leftist of the Free Speech Movement/Vietnam Day Commitee era and a full-on Democratic Liberal in the decades after, I think I’ve evolved a politics that is neither right nor left but is, in its elemental nature, draconian. In the last 20 years, I’ve taken apart my beliefs with a sledgehammer. Now I’ve got to put the surviving parts back together with tweezers and other ‘shabby equipment, always deteriorating’.”
Byzantium
That is no country for old men. The young
In one another’s arms, birds in the trees
—Those dying generations—at their song,
The salmon-falls, the mackerel-crowded seas,
Fish, flesh, or fowl, commend all summer long
Whatever is begotten, born, and dies.
Caught in that sensual music all neglect
Monuments of unageing intellect.
An aged man is but a paltry thing,
A tattered coat upon a stick, unless
Soul clap its hands and sing, and louder sing
For every tatter in its mortal dress,
Nor is there singing school but studying
Monuments of its own magnificence;
And therefore I have sailed the seas and come
To the holy city of Byzantium.
O sages standing in God’s holy fire
As in the gold mosaic of a wall,
Come from the holy fire, perne in a gyre,
And be the singing-masters of my soul.
Consume my heart away; sick with desire
And fastened to a dying animal
It knows not what it is; and gather me
Into the artifice of eternity.
Once out of nature I shall never take
My bodily form from any natural thing,
But such a form as Grecian goldsmiths make
Of hammered gold and gold enamelling
To keep a drowsy Emperor awake;
Or set upon a golden bough to sing
To lords and ladies of Byzantium
Of what is past, or passing, or to come.
– – W. B. Yeats, 1865 – 1939
De Breanski
VAN GOGH
Hillegas
To the Stonecutters
Stone-cutters fighting time with marble, you foredefeated
Challengers of oblivion
Eat cynical earnings, knowing rock splits, records fall down,
The square-limbed Roman letters
Scale in the thaws, wear in the rain. The poet as well
Builds his monument mockingly;
For man will be blotted out, the blithe earth die, the brave sun
Die blind and blacken to the heart:
Yet stones have stood for a thousand years, and pained
thoughts found
The honey of peace in old poems.
— Robinson Jeffers
Real World Address for Donations, Mash Notes and Hate Mail
Gerard Van der Leun
1692 MANGROVE AVE
APT 379
Chico, Ca 95926
from “1054 AD”
Sometimes it seems I had a dream, and, as a dreamer woke immersed in mineral baths closed within a cool, dark chamber fed by streams flowing in from the center of nowhere.
Hanging from the granite ceiling a kerosene lantern cast shards of light through the pale steam rising from the surface of the pools.
Ripples radiated outwards from the edges of my body and tapping faintly on the rock revealed the edges of the chamber.
Outside I could hear the wind slide across the spine of the mountains, speaking in a language that I remembered but could no longer understand.
Steam filled my nostrils and heat penetrated my bones until, after a time, I had no body, only a sense of silence and distance and calm.
![That Was the Whopper Weekend That Was [Illustrated]](https://americandigest.org/wp/wp-content/uploads/2021/05/welcometohell-150x150.jpg "That Was the Whopper Weekend That Was [Illustrated]")
![Allen Ginsberg: The Interview, <strong> ➡ 1972 ⬅ </strong> [Republished by unpopular demand]](https://americandigest.org/wp/wp-content/uploads/2022/05/ginsbergnirvana-150x150.jpg "Allen Ginsberg: The Interview, <strong> ➡ 1972 ⬅ </strong> [Republished by unpopular demand]")
Stone-cutters fighting time with marble, you foredefeated
Comments on this entry are closed.
Oh dear. Haven’t looked at it yet.
I started to look at it and was sorry I did. Gerard, you’re better than this.
Oh all right. Just on impulse.
wtf was it?
Now I’m wondering what it was.
In the meantime, wonder about this:
Dear Boss,
Compelling any employee to take any current Covid-19 vaccine violates federal and state law, and subjects the employer to substantial liability risk, including liability for any injury the employee may suffer from the vaccine.
Many employers have reconsidered issuing such a mandate after more fruitful review with legal counsel, insurance providers, and public opinion advisors of the desires of employees and the consuming public. Even the Kaiser Foundation warned of the legal risk in this respect. (https://www.kff.org/coronavirus-covid-19/issue-brief/key-questions-about-covid-19-vaccine-mandates/)
Three key concerns: first, while the vaccine remains unapproved by the FDA and authorized only for emergency use, federal law forbids mandating it, in accordance with the Nuremberg Code of 1947;
second, the Americans with Disabilities Act proscribes, punishes and penalizes employers who invasively inquire into their employees’ medical status and then treat those employees differently based on their medical status, as the many AIDS related cases of decades ago fully attest;
and third, international law, Constitutional law, specific statutes and the common law of torts all forbid conditioning access to employment upon coerced, invasive medical examinations and treatment, unless the employer can fully provide objective, scientifically validated evidence of the threat from the employee and how no practicable alternative could possible suffice to mitigate such supposed public health threat and still perform the necessary essentials of employment.
At the outset, consider the “problem” being “solved” by vaccination mandates.
The previously infected are better protected than the vaccinated, so why aren’t they exempted?
Equally, the symptomatic can be self-isolated. Hence, requiring vaccinations only addresses one risk: dangerous or deadly transmission, by the asymptomatic or pre-symptomatic employee, in the employment setting.
Yet even government official Mr. Fauci admits, as scientific studies affirm, asymptomatic transmission is exceedingly and “very rare.”
Indeed, initial data suggests the vaccinated are just as, or even much more, likely to transmit the virus as the asymptomatic or pre-symptomatic.
Hence, the vaccine solves nothing. This evidentiary limitation on any employer’s decision-making, aside from the legal and insurance risks of forcing vaccinations as a term of employment without any accommodation or even exception for the previously infected (and thus better protected), is the reason most employers wisely refuse to mandate the vaccine.
This doesn’t even address the arbitrary self-limitation of the pool of talent for the employer: why reduce your own talent pool, when many who refuse invasive inquiries or risky treatment may be amongst your most effective, efficient and profitable employees?
First, federal law prohibits any mandate of the Covid-19 vaccines as unlicensed, emergency-use-authorization-only vaccines. Subsection bbb-3(e)(1)(A)(ii)(III) of section 360 of Title 21 of the United States Code, otherwise known as the Emergency Use Authorization section of the Federal Food, Drug, and Cosmetic Act, demands that everyone give employees the “option to accept or refuse administration” of the Covid-19 vaccine. (https://www.law.cornell.edu/uscode/text/21/360bbb-3)
This right to refuse emergency, experimental vaccines, such as the Covid-19 vaccine, implements the internationally agreed legal requirement of Informed Consent established in the Nuremberg Code of 1947. (http://www.cirp.org/library/ethics/nuremberg/).
As the Nuremberg Code established, every person must “be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision” for any medical experimental drug, as the Covid-19 vaccine currently is. The Nuremberg Code prohibited even the military from requiring such experimental vaccines. (Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (D.D.C. 2003).
Second, demanding employees divulge their personal medical information invades their protected right to privacy, and discriminates against them based on their perceived medical status, in contravention of the Americans with Disabilities Act. (42 USC §12112(a).) Indeed, the ADA prohibits employers from invasive inquiries about their medical status, and that includes questions about diseases and treatments for those diseases, such as vaccines.
As the EEOC makes clear, an employer can only ask medical information if the employer can prove the medical information is both job-related and necessary for the business. (https://www.eeoc.gov/laws/guidance/questions-and-answers-enforcement-guidance-disability-related-inquiries-and-medical). An employer that treats an individual employee differently based on that employer’s belief the employee’s medical condition impairs the employee is discriminating against that employee based on perceived medical status disability, in contravention of the ADA. The employer must have proof that the employer cannot keep the employee, even with reasonable accommodations, before any adverse action can be taken against the employee.
If the employer asserts the employee’s medical status (such as being unvaccinated against a particular disease) precludes employment, then the employer must prove that the employee poses a “safety hazard” that cannot be reduced with a reasonable accommodation.
The employer must prove, with objective, scientifically validated evidence, that the employee poses a materially enhanced risk of serious harm that no reasonable accommodation could mitigate.
This requires the employee’s medical status causes a substantial risk of serious harm, a risk that cannot be reduced by any another means. This is a high, and difficult burden, for employers to meet.
Just look at all the prior cases concerning HIV and AIDS, when employers discriminated against employees based on their perceived dangerousness, and ended up paying millions in legal fees, damages, and fines.
Third, conditioning continued employment upon participating in a medical experiment and demanding disclosure of private, personal medical information, may also create employer liability under other federal and state laws, including HIPAA, FMLA, and applicable state tort law principles, including torts prohibiting and proscribing invasions of privacy and battery. Indeed, any employer mandating a vaccine is liable to their employee for any adverse event suffered by that employee. The CDC records reports of the adverse events already reported to date concerning the current Covid-19 vaccine.(https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/vaers.html )
Finally, forced vaccines constitute a form of battery, and the Supreme Court long made clear “no right is more sacred than the right of every individual to the control of their own person, free from all restraint or interference of others.” (https://www.law.cornell.edu/supremecourt/text/141/250)
With Regards,
Employee of the Year
https://pjmedia.com/columns/victoria-taft/2021/08/10/fight-back-heres-how-people-are-legally-resisting-dystopian-diktats-to-get-a-covid-shot-or-be-fired-n1468302
Are we at the Because We said So phrase of civilizational decline yet?
Jewel~
as Americans we’re presently under diktat by lawless agencies- if that signals civilizational decline, we’re well into it.
As penance for that godawful video, Gerard should post a new pic (or two) of his lovely Editor– Olive is always a treat for the eyes.
Ghost-I’m wondering also though by the reactions it may be best not to see it. Thanks for the info posted as many of us will soon be facing a decision.
I searched “the rockin’ chart show”.
https://www.instagram.com/tv/CMAsQUDhX8p/?igshid=1gik2gnhkx7ol
Ghost- great post. (Hey, that rhymes!)
I copied and saved that for future use.
BTW, since I tested negative for Covid but POSITIVE for the antibodies, that seems to carry some weight when any “mandatory vaxxing” crap is pushed in my podunk area.