SPIKE PROTEIN IS HARMFUL

The first building block is understanding that the spike protein — whether natural or jab-induced — is harmful all by itself. It’s puzzling that Pfizer and Moderna chose this nasty bit of the Wuhan virus to provoke the immune response to their novel vaccines. Researchers keep finding more ways that spike protein is bad for the body.

E.g.:

SARS-CoV-2 Spike Protein Impairs Endothelial Function via Downregulation of ACE 2 | Circulation Research

Spike Proteins of SARS-CoV-2 Induce Pathological Changes in Molecular Delivery and Metabolic Function in the Brain Endothelial Cells - PubMed.

So, while there must have been a good engineering reason why Pfizer and Modern chose to use a very harmful part of the Wuhan virus in their mRNA drug, in hindsight it seems like they could have made a better choice. Hey geniuses, why not use a HARMLESS part of the virus instead? Oh well, it’s too late now, we’re already off and running on the grand experiment to see how much spike protein the human body can tolerate.

Vaccine defenders point out that the risk from spike protein injury is the same between natural spike or vaccine spike.* Even if this were true, the risks from the vaccines are still much higher, at least because the vaccine-induced spike protein hangs around in the body a lot longer than the natural spike, which usually clears after a few days.

(* Some twitter posters defending the jabs online argue that the vaccine spike was somehow “deactivated” in its design, but there is zero data supporting this argument.)

THE MRNA PERSISTENCE PROBLEM

The next problem is that the drugmakers thought, or at least told everybody in the entire world, that the mRNA particles in the drug would quickly dissolve after doing their job in a matter of hours. This turned out to be false. They have found mRNA persisting in the body up to TWO MONTHS following the jab. Worse, the two months was when they ended the study. So we still don’t know the outer limits.

The mRNA is the active element that, virus-like, infects cells and turns them into little spike-producing factories. So mRNA persistence naturally leads to spike persistence. Studies have found spike present in the bodies of vaccine recipients four months post-injection. Again, this was at the outer limits of the study, so we don’t know exactly when it stops.

Again, we DO NOT KNOW when the mRNA finally disappears and the spike clears from the body. Nobody’s discovered that yet or even studied it. You have to take the jabs to find out how long. Still, two common-sense things appear to be certain: first, the body’s immune system should eventually clear the spike; we just don’t know how long it will take. Second, constantly re-loading mRNA by obsessively boosting practically ensures that the harmful spike will never clear the body. So.

Why are the mRNA and spike proteins so much more persistent than the drugmakers claimed? It looks like they were over-engineered. Lab mRNA is known to be unstable, so getting mRNA vaccine technology to work was challenging. It’s very easy to package mRNA into a vaccine and inject it into an animal, but the mRNA will be degraded by enzymes before any protein production can occur.

Pfizer and Moderna solved the mRNA stability problem, in part, by making a subtle tweak to the spike protein’s mRNA code. They swapped one of the standard letters in the RNA code, the “U” (for uridine), for a slightly different molecule called N1-Methylpseudouridine. Using artificial pseudouridine instead of natural uridine stabilizes the mRNA so that it won’t immediately degrade when it’s injected into an animal.

In other words, using pseudouridine in the mRNA molecule was a good engineering fix to stop rapid decay, but it looks like it made the mRNA molecules TOO stable and make TOO MUCH spike protein for TOO LONG.

If you want to dig deeper into this problem, here’s a good stack: Pseudouridine, mRNA Vaccines & Spike Protein Persistence.

Dr. Malone briefly explains how pseudouridine preserves the vaccine mRNA:

THE LNP MIGRATION PROBLEM

In the drugs, the microscopic mRNA particles are embedded in “lipid nanoparticles” (LNPs), teeny-tiny globs of artificial fat that help stabilize and hold the mRNA, and help the mRNA get into your cells so it can start making spike protein. Pfizer and Moderna originally said that LNPs would stay in the shoulder at the injection site and would NOT migrate into other places in the body.

But Dr. Urso, who has a background in drug design and has previously worked with lipid nanoparticles in other drugs, said it was well-known that LNPs “go everywhere” in the body. He uses a “cooking with garlic” metaphor, like how the smell of garlic goes all through the house when you sauté some crushed cloves and everybody knows you ate it for hours afterward. It’s like that. It gets everywhere.

And a FOIA request from Japan found that Pfizer did at least one study on “biodistribution:” they used radioactive particles in rat injections to track where the LNPs migrated. The result? They went everywhere. Pfizer knew.

Here’s a recent thread explaining what we know now about how the LNPs migrate:

Dr. McCullough:

Because LNPs can infect nearly every type of cell, the jabs are categorically worse than natural covid infection, because, unlike the jab’s LNPs, covid can only infect CERTAIN TYPES of cells. The immune system has to destroy LNP-infected cells just like it must destroy covid-infected cells. With the LNPs, the body has a much bigger job of identifying and killing nearly every kind of cell imaginable than it has with clearing covid.

Plus, injection gives the vaccines a big initial advantage over the virus, which has to survive the immune system’s defensive gauntlet in the mucosal linings before entering the lungs. The vaccines go right into your body cavity, and sometimes veins if an inexperienced nurse forgets to aspirate the needle before injection.*

Forget about the spike, LNPs themselves can cause injury:

The mRNA-LNP platform’s lipid nanoparticle component used in preclinical vaccine studies is highly inflammatory: iScience

In the study linked above, the researchers said in their summary:

We show that in mice, intradermal, intramuscular, or intranasal delivery of LNPs used in preclinical studies triggers inflammation characterized by leukocytic infiltration, activation of different inflammatory pathways, and secretion of a diverse pool of inflammatory cytokines and chemokines. Thus, the inflammatory milieu induced by the LNPs could be partially responsible for reported side effects of mRNA-LNP-based SARS-CoV-2 vaccines in humans and are possibly contributory to their reported high potency for eliciting antibody responses.

Some folks are beginning to suspect that the puzzlingly wide variety of vaccine-induced injuries are related to the LNP migration problem. The injuries depend on where it migrates and in which type of cells the LNP winds up infecting. Since this can be random (“stochastic”) between different people depending on their individual biologies, the adverse side effects are also highly diverse.

(* Aspirating the needle means sticking the needle in but then drawing out a little fluid before injecting. If the fluid is red, you’re in a vein and need to start over.)

CARDIAC INJURIES

It is now well-known and uncontroversial that the vaccines can produce serious cardiac injuries like myocarditis. The only argument at this point is how rare or commonplace these types of injuries are.

Increased emergency cardiovascular events among under-40 population in Israel during vaccine rollout and third COVID-19 wave | MIT

Myocarditis Cases Reported After mRNA-Based COVID-19 Vaccination in the US From December 2020 to August 2021 | Vaccination | JAMA | JAMA Network

Abstract 10712: Observational Findings of PULS Cardiac Test Findings for Inflammatory Markers in Patients Receiving mRNA Vaccines | Circulation

Tragically, the risks of vaccine-induced cardiac injury appear greatest for young people and children, who have the LEAST risk from the natural virus. It’s looking like a pretty bad deal for them.

Vaccine defenders argue that, like the vaccines, the natural virus spike protein can also cause cardiac injury, which is true. But there are at least two ways that the vaccines are worse: first, because the mRNA spike persists in the body much longer, the risk window is much greater with the jabs. Second, unlike natural covid spike, the LNP particles can infect heart cells, and that infection itself creates inflammation and a need for the body to destroy cardiac tissue to clear the mRNA-infected heart cells. So that’s an extra way that the jabs harm the heart that is not a risk from the virus.

So it is becoming more clear that the risks of vaccine-induced cardiac injury are higher, maybe much higher, than from natural covid infection.

CLOTS AND ENDOTHELIAL INJURIES

One of the places that the mRNA-carrying LNP particles can get into is the body’s endothelial cells. These important cells line your veins and arteries. When that happens, the mRNA-loaded endothelial cells start making spike, which causes inflammation and makes the infected cells targets for destruction by the body’s immune system. The result: blood clots and other serious problems.

Damage to the endothelium can also cause other unexpected types of injuries, such as corneal transplant rejection, as described in this paper:

AUTOIMMUNE INJURIES

An under-appreciated study from last May concluded, “The response of innate immune cells to TLR4 and TLR7/8 ligands was lower after BNT162b2 vaccination, while fungi-induced cytokine responses were stronger.”

The BNT162b2 mRNA vaccine against SARS-CoV-2 reprograms both adaptive and 2 innate immune responses | MedRxIV

The study suggests a mechanism by which the immune response itself is damaged by the mRNA jabs. But another mechanism could be that the vaccine LNPs can find their way into immune cells when they start producing spike, which causes the body to have to attack its own immune system to clear the misbehaving immune cells. Hence “auto-immune” or self-attacking.

We’re seeing anecdotal reports of autoimmune problems following the jabs appearing in the literature:

IMMUNE SUPPRESSION INJURIES

The greatest long-term risk we are now aware of is the vaccine’s potential ability to damage, or “suppress,” the body’s immune system. A suppressed immune system leaves the body vulnerable to all kinds of random nasty outcomes like breakthroughs, repeat covid infections, cancer, and increased susceptibility to common bugs like shingles, HPV, and measles. In the words of one recent study, elevated post-vaccine risks include neurodegenerative disease, myocarditis, immune thrombocytopenia, liver disease, impaired adaptive immunity, impaired DNA damage response and tumorigenesis.

A suppressed immune system is the same effect produced by the AIDS virus, which is why you see a lot of chatter about “VAIDS,” or vaccine-induced acquired immune deficiency syndrome.

Here’s a very recent study describing the problem:

Innate immune suppression by SARS-CoV-2 mRNA vaccinations: The role of G-quadruplexes, exosomes, and MicroRNAs - ScienceDirect

In the paper linked above, the researchers conclude:

We present evidence that mRNA vaccines induce a profound impairment in type I interferon signaling, which has diverse adverse consequences to human health … The mRNA vaccines likely cause increased risk to infectious diseases and cancer.

In fact, there are any number of anecdotal reports by practitioners seeing a substantial uptick in post-vaccination aggressive cancers:

Dr. Ryan Cole: Alarming Cancer Trend Suggests COVID-19 Vaccines Alter Natural Immune Response

Same with shingles:

Covid: Six with autoimmune conditions developed shingles after Pfizer vaccine | Daily Mail Online

If these anecdotal upticks are signals, they tend to confirm that the vaccinated are experiencing immune system suppression. We have also seen that triple-boosted folks are now more likely to test positive for covid than any other cohort, which is consistent with an immune-suppression hypothesis.

CONCLUSION

As they keep reminding me, I’m not a doctor, I’m only a lawyer. Therefore, I present this roundup not as “proof” of anything but as “evidence.” I included links to the studies and sources for your reference and as written “expert witnesses” for the claims. In a jury trial, if one side produces evidence, any evidence at all, and the other side produces nothing, then the side producing evidence wins by default.

In a case like that, they say “the evidence was unrebutted."

The public health establishment has a duty to produce evidence that the jabs are safe and effective, as they claim. Exactly how long does the enhanced mRNA stay in the body making spike protein? Exactly where can the LNPs go? Do the jabs damage the body’s immune response? If so, to what extent? And for exactly how long?

The good news is, the more we understand HOW the vaccines cause injury, the easier it will be to treat or even reverse these types of injuries. So, we’re making progress, and I expect this trend will only accelerate. But the best news is that the secret embargo on vaccine-injury studies appears to have now been lifted, so we can at least talk about it and the researchers can learn from each other.

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DISCLAIMER: This is not medical advice. I’m a lawyer, not a doctor. You should always follow the advice of a trusted physician and make your own independent decisions about your healthcare, especially when it is critical. This guide is presented only as an outline to help inform you about options that may be available.

This is a first draft. I will be refining and expanding this guide, and will post subsequent versions when they are available. If you have any suggestions for improvements to the guide, post them in the comments.

The single most common call we are getting in our office these days is the scenario where a loved-one has been admitted to the hospital, diagnosed with SARS-CoV-2 infection, often attached to a ventilator, and has become concerned about their course of treatment. In many cases the hospitals have refused to release the patient, citing their unstable condition, meaning that at some point, it can become impossible to get off the Covid express.

The most common complaints we get include that patients are being pressured to accept Remdesivir, have been given Remdesivir even though they objected to it, or the hospital will not administer alternative widely-used treatments even though the patient is in critical condition where side effects are less risky than imminent death. I have personally seen hospitals spend tens of thousands of dollars on lawyers to keep patients in their facility.

Here are some suggestions, starting with the time before admission. You should read this now and you might want to bookmark it for later. It could save your life.

## Common Suggestions

[1] Document everything when working with a hospital. Keep or make all paperwork. Take pictures and video of everything. Be organized.

[2] Determine whether you are in a one-party consent or two-party consent state for recordings, and then record meetings with hospital staff. If in a two-party state, you must notify the other party they are being recorded or it may be a felony. Record everything. One option for notice is to just put up a handwritten sign near the patient’s bed notifying folks that recordings are being made for quality assurance. Obviously document the existence of the sign.

[3] Keep a log of the names of all hospital staff involved in the patient’s care.

[4] Before getting anywhere near the hospital, or as soon as you read this if in the hospital, you MUST complete a medical health surrogacy form. This will legally designate the person who can direct your care if you become unable to do so.

Here’s the example form for the State of Florida: http://www.myfloridalegal.com/desigsurrogfaq.pdf

Do some googling for your area.

[5] If you’re in the hospital, or are considering admission, request a copy of the hospital’s current Covid protocol IN WRITING.

[6] Allied doctors have suggested that if you are in the hospital for Covid treatment, the things to focus on are the optimal use of anticoagulants, steroids, and the inpatient setting, meaning the overall day-to-day care (hydration, bedsore prevention, nutrition, etc.).

[7] Consider researching whether you want to receive glucose (sugar water) at all, since some studies suggest this can worsen Covid outcomes. This may be particularly important for diabetics and pre-diabetics. If not, make your wishes known in writing as described above.

[8] If any treating staff — nurses or doctors — make disparaging comments about your vaccination status, directly or indirectly, consider immediately instructing the hospital in writing that person may NOT be involved in your care.

[9] Always remember the old saw about catching more flies with honey. Hospital staff are stressed and unhappy about Covid; I know of many who feel they cannot speak or act freely out of fear of professional reprisal. So the nurse or doctor that you think is an opponent may in fact be an ally willing to help wherever possible, but having to parrot the party line in the meantime. Never show anger or frustration. Keep it together. This is important.

## Emergency Room

The most common scenario that we are hearing is that folks go to the ER for Covid infection and are sent home without treatment if the symptoms aren’t serious enough, and then later are admitted after the patient’s condition has worsened to the point they require hospitalization. An increasing number of reports include folks who go to the ER for a separate reason and wind up testing positive in the ER, or become positive after admission — then get bunged right into the Covid ward and — boom! — they’re on the Covid express.

[1] If you test positive in the ER, whether you were there FOR Covid or for a different reason, and are told you will be admitted, ask about at-home care alternatives. Most corporate hospitals do NOT have home-care protocols. I’ve listed websites below that provide information about alternatives for home treatment. With a little effort, you can find a local doctor or community hospital who will arrange and oversee at-home oxygen if needed.

Ask about the hospital’s Covid protocol BEFORE you agree to be admitted. Is it based on remdesivir and the ventilator? If so, you may want to review the literature on those two treatments before you agree.

[2] If you’re in the ER for a non-Covid critical condition but test positive, you’ll be admitted to the Covid ward. See the notes below, and consider discharging yourself for at-home Covid care the instant your primary issue has been stabilized.

## Pre-Surgery

If you are going in for a non-Covid-related surgery, be aware that nosocomial (hospital-acquired) Covid infections appear to be very common. In other words, even though you are there to have your appendix out, the hospital is going to start testing you for Covid about every ten seconds from the time you arrive until discharge. If you test positive, you’ll be on the Covid express before you know what happened.

It doesn’t matter whether you’ve been vaccinated. You can still test positive and will be treated for Covid infection.

You need to consider this risk in planning your surgery. If you test positive but don’t want remdesivir or ventilation, you need to make that clear in WRITTEN INSTRUCTIONS provided to the hospital IN ADVANCE of your surgery. They need to be part of your medical record. Otherwise you could be on remdesivir even before you come out of anesthesia.

Some people may not have options because of insurance constraints and so forth. Explore your options. And if you DO have options, consider whether your surgery would be better handled in a facility where they don’t also provide Covid treatment, in order to reduce the risk of Covid hospitalization.

Finally, can your surgery be safely deferred? Don’t defer necessary surgery unnecessarily. But if you can wait, that might be a good idea.

## Early Interventions (post-admission)

This section applies to folks or their loved ones who are in the hospital with a Covid diagnosis but remain conscious.

[1] If you haven’t yet received Remdesivir, and DO NOT want it, state that in writing and give it to your doctors. Post a copy by your hospital bed.

[2] If you DO NOT want to be placed on a ventilator, state that in writing and give it to your doctors. Post a copy by your hospital bed.

Be prepared for the hospital to try, hard, to change your mind about those two treatments. This pressure may come when you are weakest. Be ready.

[3] Many people believe that Covid is best treated at home. Your circumstances may vary. Get an opinion from a telemedicine specialist in at-home Covid care like www.jamesclinic.com, or consult www.myfreedoctor.com.

Other online places to check include: aapsonline.org, AFLDS.com,

https://covid19criticalcare.com

(FLCCC), and GlobalCovidSummit.org.

[4] If you decide that you prefer to treat your Covid at home, or can find a non-corporate independent clinic somewhere that will accept you, discharge yourself. If the hospital pushes back on discharge, you may need to discharge yourself “Against Medical Advice,” or AMA. Ask if your hospital has its own form, otherwise google one.

## Late Interventions

In this section, the patient is no longer conscious or capable of directing their own care. Many times these patients are, unfortunately, already on the ventilator. Therefore relatives or a surrogate are making decisions for the patient. Many patients in this condition are essentially just waiting to die.

[1] If you are concerned about the quality of care, immediately get the hospital’s “Patient Advocate” involved. Most hospitals have one.

[2] Get a second opinion. You’ll need to find a local independent doctor to provide a second treatment opinion. Obviously you will need a doctor who specializes in Covid treatment. You should request the doctor be allowed to evaluate the patient even if they lack admitting privileges for purposes of a second opinion. Request that the doctor be permitted to participate in patient conferences even if by phone.

[3] If at all possible, arrange for someone to be in the room with the patient at all times to ensure consistent high quality of care. At ALL times. Do it in shifts. Even in the middle of the night. Things can happen over the night shift. This person should be checking hydration levels and conferring when possible with nurses and doctors assigned to the patient.

[4] Advocate continually for alternative treatments (iv.mectin, fluvoxamine, and/or monoclonal antibody treatments), if approved by the outside physician.

[5] Some people have successfully arranged to have alternative treatment providers see the patient; or have managed transfers to other hospitals with more flexible Covid treatment, specialized clinics, or even at-home treatment. You may have to insist on the patient being discharged AMA.

[6] Right-To-Try. Consider drug treatments still in clinical trials with right-to-try programs. You MUST use the magic words “I am requesting this against medical advice,” or the hospital will usually reject or ignore your request. Note that iv.mectin and fluvoxamine are APPROVED drugs and are excluded from right-to-try.

For example, one drug in this category that has been frequently mentioned is Zysemi. See (https://tinyurl.com/2p84528z).

[7] You might want to familiarize yourself with successful hospital protocols from 2020, like placing ventilated patients on their stomach.

[8] Your primary goal is to wean the patient off the ventilator. The longer they are on the ventilator, the more likely it is that their condition will continue to deteriorate. Once off the ventilator, you can transition to at-home care.

## Legal Options

[1] Court Options. Court options are limited, and expensive, but have worked in some places. Laws vary widely state-by-state. In Florida, the applicable law is Probate Rule 5.900, which provides for an emergency hearing about patient treatment within 72 hours. My suggestion is that the Court be asked ONLY that the patient (a) be allowed to be treated by the outside physician, or (b) that the patient be released AMA.

As an example, here is a link to Florida Rule 5.900: (https://tinyurl.com/2p8hm8kx).

Your lawyer should carefully consider that asking a Court to order administration of iv.mectin is a risky ask. There have been some successes with this approach, but also many, many failures. Courts have wide latitude in what they can do (or not do) in these situations. Adding a controversial drug into the equation makes the case significantly harder, and since judges are people too, the judge’s preconceived notions about iv.mectin will be a factor. You do NOT want to get into a giant evidentiary battle over the efficacy of iv.mectin.

In other words, simpler and less intrusive requests are more likely to be granted by the Court.

[2] Police Reports. If the patient was given Remdesivir against instructions, that may be a battery, and you might want to consider filing a police report against the hospital and involved staff. If the patient passed away, the stakes are even higher. Although it is hard to say whether the police report will amount to anything, it may be very helpful documentation later. Obviously, provide the police with all paperwork and evidence that you have and keep a file copy of the police report.

I hope this helps. These cases are the worst, most heart-breaking cases I have ever handled in my career. The stakes are literally life-and-death. I don’t mean this guide to be critical of well-meaning doctors and nurses in corporate hospitals — many, if not most are heroic professionals who want the best for patients. Unfortunately, the incentives (e.g. government payments to hospitals) are totally perverse.

Finally, remember that you are not alone! There are more and more advocacy groups forming to help people trapped in hospitals receiving ineffective or harmful treatment. But time is short. The best defense is a good offense; be prepared BEFORE you reach the emergency room.

🔥 It took the massive federal agency OSHA two months to draft a 600-page behemoth emergency rule mandating injections, but it only took Florida’s Department of Health two days to draft its new emergency rule and a succinct set of new exemption forms. It’s probably more accurate to call them “opt-out” forms.

On Friday, the DOH published its new emergency rule, 64DER21-17. Here’s the link to it, you can quickly read the whole thing: https://tinyurl.com/upbhmhb. Unlike the adipocerous OSHA rule, Florida’s fits on one page. It describes six types of opt-outs, references their related forms, and even allows that employees can use “substantially similar” forms of their own devise if they want. The forms are all one page long, and don’t ask for ANY confidential information.

Here are the six opt-outs to Covid-19 employer injection policies that are described in emergency rule 64DER21-17:

(1) Medical opt-out, using the form. It requires a signature from a medical professional.

(2) Pregnancy opt-out, if you are pregnant or want to become pregnant and are of child-bearing years. That’s it. Fill out the one-page form. It requires a signature from a medical professional.

(3) Religious opt-out. This includes moral and ethical concerns. Just fill out the form. Both the rule and the form clearly say that “An employer shall not inquire into the veracity of the employee’s religious beliefs.” Privacy!

(4) Prior Infection exemption. Fill out the form and attach EITHER: (i) a positive antibody test; OR (ii) a positive PCR test from when you had Covid. Haha! Cue up the “experts” gibbering about how unreliable the PCR tests are.

(5) Periodic testing option. The employee can fill out a form to choose, if she wants, to be tested — no more often than weekly (or when symptomatic) — at the employer’s cost.

(6) PPE option. The employee may fill out a form to choose, if he wants, to wear employer-provided PPE. That’s it. No tests. No exemptions. Just PPE.

There are no time limits. As I read the rule, the exemptions can be raised at any time. They don’t preclude each other. So, for example, if the employer makes its PPE rule too onerous, an employee who chose the PPE option can then select one of the other options.

Because there’s a PPE option, by exclusion an employee who chooses one of the other opt-outs should not be required to wear PPE as a result of opting out of the injection policy.

🔥 Conservative activists were fretful that the forms would be super-invasive and would be used to collect citizens’ private religious and medical information into a state database. Let’s take a look at a couple of the forms and you’ll see how those worries were misplaced.

MEDICAL OPT-OUT FORM

We’ll look at the medical exemption form first.

The medical exemption form has to be signed by a doctor. It has a box to check if the reason is pregnancy or anticipated pregnancy. Other than that, it only asks for name, date, employer’s name, birth date, and phone number.

In the next box, it asks for a medical provider to confirm the request by signing. Here’s the entire statement that the medical provider is asked to confirm. Are you ready? It is:

“It is my professional opinion as a physician or physician assistant who holds a valid, active license under chapter 458 or chapter 459, Florida Statutes, or an advanced practice registered nurse who holds a valid, active license under chapter 464, Florida Statutes, that COVID-19 vaccination is not in the best medical interest of the employee.”

That’s the whole thing! No requirement to “disclose” private medical information. Just sign and go. At the bottom of the form, in bold, oversized type, the form says:

“NOTE: Pursuant to section 381.00317(2), Florida Statutes, this completed exemption statement requires the employer to allow the employee to opt-out of the employer’s COVID-19 vaccination mandate.”

RELIGIOUS OPT-OUT FORM

The religious opt-out is even simpler. It just asks for name, birth date, employer, etc, then says:

“Pursuant to section 381.00317, Florida Statutes: I hereby declare that I decline the COVID-19 vaccination because of a sincerely held religious belief, which may include a sincerely held moral or ethical belief.”

That’s it. You don’t even have to say what your religion is. You don’t even have to say whether it’s a religious objection versus a moral or ethical objection. Contrast this to all the maniacal multi-page forms from employers asking about every thought you’ve ever had about God since you were a fetus.

And look at what it says at the bottom, in large, boldfaced font:

“NOTE: An employer shall not inquire into the veracity of the employee’s religious beliefs. Pursuant to section 381.00317(2), Florida Statutes, this completed exemption statement requires the employer to allow the employee to opt-out of the employer’s COVID-19 vaccination mandate.”

By the way, that is COMPLETELY consistent with Title VII law.

The other three forms are even simpler and easier.

This is a spectacular win for individual liberty, bodily autonomy, and privacy, and is also completely consistent with the Florida Constitution’s full-on protection of personal privacy interests. It should never have been more complicated than this.

A final word to the activist leaders. If you were in the group opposing the Special Session due to worries about data collection, don’t be a leftist! Tell your followers you were overly concerned about that, and the legislature did a great job under a lot of time pressure and under harrowing political circumstances. Give credit where it’s due. Don’t be a Pelosi.

🚀 *WHAT NEXT?* 🚀

Now that forced masking and jabbing are under better control, my law office will be focusing on cases of discrimination and cases where healthcare providers are being pressured by various agencies because they’ve been successfully treating Covid patients.

If you are encountering workplace discrimination (in Florida, for now), and would like our help, email the details and your contact information to discrimination@smartbizlaw.com

If you are a healthcare provider and have received one of the requests from Blue Cross to audit your ivermectin files, or an inquiry from any licensing board, email the details and your contact information to hcws@smartbizlaw.com.

Even if you already emailed us about getting a notice from Blue Cross or some other agency, forward that email to the new email address.

🚨 *VACCINE MANDATE COMPLAINT PRIMER* 🚨

Terrific news this morning! Florida’s Attorney General released the new rules over the weekend for reporting violations of the state’s mandate exemption laws. Not only does it give the new law’s teeth, but it also provides some legit tools for uninjected employees facing discriminatory working conditions. Let’s break it down.

The new emergency rule, number 2ER21-1 (https://tinyurl.com/4mfah8hc), was put out by Florida’s Department of Legal Affairs (DLA).

UPDATE Additional link: https://www.flrules.org/Gateway/View_notice.asp?id=25325747

The rule protects both wage employees (W2s) and independent contractors (1099s). An employee can file a complaint against an employer after getting fired for not taking a vaccine if the employer refused to recognize one of the state’s new forms and grant an exemption. The state considers an employee “fired” even if they quit — as long as the employer made their working conditions difficult or intolerable.

Employees can file an initial complaint online. Here’s the link: http://myfloridalegal.com/vaxmandate/webform. It’s pretty self-explanatory. (My office is coming up with a low-cost way to get legal advice about how to fill out the form. Depending on volume, we may handle it with group zoom formats like we did with exemption-drafting advice.)

The DLA will then serve a copy of the complaint to the employer, who has 20 days to submit a written response if they want. After that, the DLA will evaluate the complaint and the response. If the DLA finds that it’s likely the employer violated the exemption law, it will then file a lawsuit against the employer in the state’s Division of Administrative Hearings (DOAH), which is used for other types of employment disputes, like unpaid wage cases.

Finally, the rule says the DLA will keep employees updated about the status of their complaints as the case progresses.

DIFFICULT OR INTOLERABLE CONDITIONS

One of the best things about the rule is that it says that overbearing policies against uninjected workers are the same thing as termination. It defines the “functional equivalent of termination” as when “the employer, through its actions, made working conditions so difficult or intolerable that a reasonable person in the employee’s position would feel compelled to resign.”

In my view, this applies to any employee dealing with horrible, demeaning, discriminatory policies like outdoor bathrooms, segregation, N95 mask requirements, and so forth. In these cases, the employee should notify their employer that, if the odious policies aren’t changed, the employee plans to quit and file a complaint with the DLA.

That’s a threat with some teeth to it, and employers will have to seriously think about how much they really want to punish employees for not getting jabbed versus risking heavy fines from the DLA.

Finally, we’ll have to see what the DLA thinks, but in my legal opinion, being placed on indefinite unpaid leave is the “functional equivalent of termination.”

https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

Not a coincidence.

I thought, dammit, they’re doing it again. The writhing tentacles of the federal government, grasping out from D.C. and spreading like cancerous threads through all our private businesses. The new questions are just a way to gather evidence against you folks to defeat your RA claims. The good news is, what they WERE doing must not be working, so now they’re trying this more aggressive approach. I suspect they are responding to the new losses they are having in federal courts recently on Title VII RA grounds. They’ve been getting dinged for failing to accommodate the RA’s, and courts are rejecting their lame arguments that they just can’t figure out how to accommodate them.

So they’re back to trying to defeat your claims of a sincerely-held belief.

Let’s kill this thing, for good. I’m going to give you the airtight formula and an example for a bulletproof religious accommodation request. I haven’t offered this before because it’s going to take a little more work on your part. But it’ll be worth it. First I’ll tell you what you need to do, then I’ll show you how I would answer the questions as an example, which includes a full RA letter based on my facts. Don’t copy and paste; that would be evidence against you. Your submission will be very similar, but use your own words and your situation.

We need to get this message out. Far. Wide. Fast. If you can afford to pay for a couple of hours of legal advice, and you think you got that much value from this post (plus all my other advice), please STRONGLY consider helping financially. You can do that here: ☕️ Help Coffee & Covid 2021 by Jeff Childers 🦠

🗞 *INITIAL THOUGHTS* 🗞

Seventy percent (70%) of Americans identify as Christian. Many more identify as other faiths. Only a small number are atheists, and even they are not overlooked by Title VII, since they can have a qualifying sincerely-held moral belief if it is based on metaphysical issues like life, death, and the meaning of existence.

The most important thing is that your belief — the specific belief that precludes your participation in the Covid-19 injections — must be SINCERELY HELD. So, two elements: specific and sincerely held.

Regardless of the truth of the matter, conspiracy theories like graphene oxide, glowing vaccines, and tiny tentacled aliens in the drugs are not going to work. We need to beat them on their ground. With evidence. So let’s do that.

Get ready to put a little effort into this.

🚀 *BUILDING EVIDENCE OF CAREFUL CONSIDERATION* 🚀

I think that “someone,” cough cough, is flooding the zone with kooky injection conspiracy theories to use later as evidence against folks asserting RAs. In other words, if you cite one of these fringe theories, and they can disprove the theory later, your RA collapses in fire and dust like the Twin Towers.

The good news is, that’s the wrong approach anyway.

Here’s the formula. You are going to read all the best pro-vaccine literature available, and then STILL reject the injections because of your sincerely-held beliefs, based on THEIR evidence. You with me? And you’re going to document all that so you can prove it later.

So I want you to read the following articles. You HAVE TO DO THE STEPS. Read them, don’t just go through the motions. After you read each one, print it out, sign it and date it, and put it in a folder. Here’s what you need to read:

[Safety of COVID-19 Vaccines | CDC](https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/safety-of-vaccines.html)

This is the CDC’s article on vaccine safety. You have to read the whole thing. Look up words you don’t understand. Read it, understand it, print it, sign it (I’ll call this process RUPS). RUPS means you need to understand these articles well enough to discuss them with HR if necessary.

[Key Things to Know About COVID-19 Vaccines | CDC.gov](https://www.cdc.gov/coronavirus/2019-ncov/vaccines/keythingstoknow.html?s_cid=10496:cdc%20vaccine:sem.ga:p:RG:GM:gen:PTN:FY21)

This is more from the CDC on vaccine safety. RUPS.

[Selected Adverse Events Reported after COVID-19 Vaccination | CDC](https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/adverse-events.html)

This is the CDC’s article describing how rare adverse events are and arguing that no deaths have been causally linked to the vaccines, except for J&J. RUPS.

[Myths and Facts about COVID-19 Vaccines | CDC.gov](https://www.cdc.gov/coronavirus/2019-ncov/vaccines/facts.html)

This is the “myth buster” page from the CDC. RUPS.

[COVID-19 Vaccines for People Who Would Like to Have a Baby | CDC](https://www.cdc.gov/coronavirus/2019-ncov/vaccines/planning-for-pregnancy.html)

If you are a woman of child-bearing years, pregnant or hoping to possibly have children, read this CDC article, then RUPS.

[Helping patients with ethical concerns about COVID-19 vaccines in light of fetal cell lines used in some COVID-19 vaccines](https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8205255/)

This is a journal article that confirms that aborted fetal tissues ARE used in testing and development of the Covid injections BUT NOT in the final manufactured products. It also summarizes the main arguments from each faith tradition IN FAVOR of injecting and advises medical professionals on how to respond to ethical and religious concerns about the injections. RUPS.

[You asked, we answered: Do the COVID-19 vaccines contain aborted fetal cells? | Nebraska Medicine Omaha, NE](https://www.nebraskamed.com/COVID/you-asked-we-answered-do-the-covid-19-vaccines-contain-aborted-fetal-cells).

Read this article, again admitting that aborted fetal tissues were used in testing and development of the vaccines. RUPS.

[Pope Francis urges people to get vaccinated against Covid-19 - Vatican News](https://www.vaticannews.va/en/pope/news/2021-08/pope-francis-appeal-covid-19-vaccines-act-of-love.html)

Finally, read this one, explaining the Pope’s position that vaccination is “an act of love.” Whatever. RUPS.

When you’ve finished and done all your RUPS, continue to the next section.

🗞*RESPONDING TO THE HARD QUESTIONS ABOUT YOUR RA* 🗞

Now let’s look at these new awesome RA questions that the feds are clearly pushing out to agencies and private businesses, and I’ll illustrate how I — as a lawyer anticipating a challenge — would answer each one. Even if you aren’t facing THESE questions, this will inform your letter.

You may not have the same writing skills that I do. It’s okay. Just observe HOW I structured the letter and what I DID and DIDN’T include.

Already done one? Amend it.

⁉️ *QUESTION NO. 1* ⁉️

QUESTION NO. 1: “Please provide a personal written and signed statement detailing the sincerely held religious belief(s) supporting your objection to vaccination for COVID-19, describing the practices you engage in or actions you regularly take or do not take that demonstrate how you act consistently with that sincerely held religious belief, and clarifying whether an objection to the COVID-19 vaccination is a basic tenet of your religious belief and if so, explaining why it is a basic tenet of your religious belief.”

First, review my original primer on how to write a request for an RA: [⛪PRIMER ON RELIGIOUS EXEMPTION REQUESTS⛪ - by Jeff Childers - ☕️ Coffee & Covid 2021 🦠](https://www.coffeeandcovid.com/p/primer-on-religious-exemption-requests-f31). But to answer the new and improved Question No. 1, we’ll modify the response a bit. Here’s my full answer, which in and of itself is a complete RA letter:

Dear Religious Accommodation Review Committee,

Thank you for giving me this opportunity to share some information about my faith with you.

Faith history. I was raised Catholic and attended a Catholic school through eighth grade. I received all the normal sacraments including baptism, first communion, and confirmation, was an altar boy for many years, and regularly attended mass with my family along with regular weekly confession. For a time after that, I fell away from the faith and was not a regular church attender.

Then in 2013, while on a bike ride listening to a random podcast about Church history, I experienced what I would best describe as an unexpected full-on religious vision that left me standing on the ground in shock. While I had always thought of myself as a good person, in my vision I could see every sin I had ever committed. In one pile. It left me in tears. It convicted me that I wasn’t the good person that I’d thought I was. I immediately prayed to God for help.

My wife says I came back from that bike ride a different person. It was either a brain tumor or a bona fide supernatural experience. And so far, no tumors!

From that day forward, my and I family began attending services every weekend, sometimes twice a week. Within a few months, I was re-baptized in a Southern Baptist Church, where we became and have been members in good standing ever since. By 2014, I started teaching a weekly bible study class, which I have continued doing through 2021. I have taught dozens if not hundreds of classes, and have written on religious issues. Over that time, my family has regularly tithed, over $###,###.00, total as reflected on my tax returns. I regularly meet and talk with pastors from various churches all around the country.

Religious Practices. First, and most importantly, I regularly read and study the Bible. Not only is it a source of wisdom, hope, and encouragement, but in my studies, I often providentially discover answers to difficult life questions just when I need those answers the most. If you aren’t studying the Bible — the most successful and widely-read book ever written — you should consider doing so, regardless of your faith tradition. It will bless you.

Next, I try my best to incorporate my faith into every single aspect of my life. I believe that my purpose in being is to glorify my Creator through becoming the best example here on Earth that I can possibly be. That translates into a thousand different daily practices, some huge (like avoiding some important social opportunities because they don’t align with biblical values) and lots of tiny ones (like loving my wife better through a small bit of praise).

These practices, taken together, have transformed my life. Whereas before, I experienced chronic anxiety, I now experience a sense of meaning and a durable and long-lasting sense of mental peace that surpasses all understanding. I have experienced any number of miraculous events including healings that I believe are the direct result of prayer. God has used me, and is using me, for grand purposes that become clearer the older I get and the deeper my faith grows. I could not possibly recommend spiritual development to you any more strongly, regardless of your circumstances. Whatever those circumstances are, they can be better.

In particular, during times of struggle and strife, like this pandemic, the Holy Spirit has been a constant friend, helper, and comforter to me. Nothing in this world can truly harm me. I am constantly growing in my ability to perceive suffering with a sense of “all joy” as the Bible teaches, which would have been a completely absurd notion to me, before I was saved.

The Covid Vaccines. When the vaccines first became available, I prayed about the decision whether to take them, as I pray about all decisions that I have to make. I was troubled in my spirit from the beginning. Holy Spirit was convicting me that the people behind these drugs are motivated in large part by greed and ungodly politics. At bottom, it was obvious to me that the people developing the drugs held values deeply in conflict with my own. The Bible teaches that I am to avoid and eschew people who are evil, immoral, greedy, slanderous, and swindlers.

So I began to research the drugs, as I felt led to do. I reviewed the following pages from the CDC’s website:

— “Safety of COVID-19 Vaccines”

— “Key Things to Know About COVID-19 Vaccines”

— “Selected Adverse Events Reported after COVID-19 Vaccination”

— “Myths and Facts about COVID-19 Vaccines”

These articles convinced me that the drugs were safe and effective at reducing the chances of serious illness and death. So I turned to the ethical issues.

I read a journal article addressing ethical concerns that people like me had to taking the vaccines, which reviewed the arguments in favor of vaccines and addressing various faith traditions:

— “Helping patients with ethical concerns about COVID-19 vaccines in light of fetal cell lines used in some COVID-19 vaccines”

This was when I first discovered that the development and testing of the Covid-19 vaccines required tissues from aborted children. While these baby parts were not later used in the manufacturing of the drugs, it was a profound shock that they were involved in the drugs at all. I had not heard that before, in all the media reports about the drugs.

I then reviewed a complete explanation of the drugs’ use of aborted children in the testing and/or development of the injections:

— “You asked, we answered: Do the COVID-19 vaccines contain aborted fetal cells? | Nebraska Medicine Omaha, NE”

While the article attempts to reassure, because the drugs themselves do not contain aborted children’s parts, it convicted me that I could have nothing to do with them. I did some more research and discovered that many faith leaders were in favor of the vaccines, like the Pope:

— “Pope Francis urges people to get vaccinated against Covid-19 - Vatican News”

However, none of these articles altered my unwavering deep conviction that the witness of the Holy Spirit was telling me that I could have nothing to do with the drugs. If the Pope’s position is different from mine, I assume that Holy Spirit is telling him something different from what He is telling me. All things work for good for those who believe, and the Pope is on a different path, one organized by God for His purposes and His glory.

My Savior was extremely clear that children should be protected at all costs. All humans — persons having individual, discrete DNA, regardless of developmental age — are made in the likeness of God. He knitted us together, in the womb, and knows the numbers of hairs on our head. For centuries — if not longer — it was always considered murder to intentionally cause a pregnant woman to lose her baby. I believe that is also what the Bible teaches, and I think the Pope would probably agree with me, on that one.

It was a difficult decision, but ultimately made simple through prayer. The Bible teaches that when difficult decisions in life arise, we are to seek the wisdom of God through prayer, which I did. I only became more convinced that my path — unlike other well-intentioned Christians — was to live out an example of my faith and be resolute in my decision to avoid the drugs. To do otherwise would be to grieve Holy Spirit, which is the one unpardonable sin.

I have already survived Covid infection, and it seems that I have some natural immunities now that will help protect me. But even if they don’t, the suffering caused by a Covid infection, and possibly even death, are not sufficient reasons to ignore what God has clearly and firmly convicted me that I must not do.

I hope this provides you with the information you need to understand the basis of my request for a religious accommodation. But more, I hope this letter stirs in you a desire to know more. If you were like me before I was saved, I would love to have coffee with you and discuss my faith even more personally than I am able to do here, and maybe we could talk about where you are on your spiritual journey. I promise it will be worth the time.

Very best regards,

Jeff Childers

October 2021

⁉️ *QUESTION NO. 2* ⁉️

QUESTION NO. 2: “How long have you held these religious beliefs?”

At least eight years, if not my entire life.

⁉️ *QUESTION NO. 3* ⁉️

QUESTION NO. 3: “Do your religious belief(s) prevent you from receiving any other vaccine(s), or is your objection limited to the COVID-19 vaccine? If limited to the COVID-19 vaccine, please explain why. Please explain, in detail, and identify any other vaccine(s) you have taken, such as the flu or tetanus vaccines and the dates of same.”

I generally don’t take vaccines, but I did have childhood vaccines and took the flu vaccine once or twice in my early 20’s. I don’t think I’ve had any vaccines since I was saved, but to be honest, it was the Covid research that I described in my letter (see Question No. 1) that alerted me to the use of aborted baby tissue in the development of many vaccines. I won’t be taking any vaccines in that category, nor will my children.

Nor will I accept ANY medical treatment of ANY kind if I have a firm conviction after prayer and reflection that I should not do so.

⁉️ *QUESTION NO. 4* ⁉️

QUESTION NO. 4: “Do your religious belief(s) prevent you from receiving any other medication(s), or is your objection limited to the COVID-19 vaccine? Please explain.”

I understand, but haven’t confirmed, that other common medications are similarly morally compromised as are the Covid vaccines. For example, after my research, I have learned that Tylenol is also ethically compromised in the same way. I have removed Tylenol from my medicine cabinet and replaced it with aspirin. In that sense, I am grateful that all this happened, so I could learn about this pervasive problem.

⁉️ *QUESTION NO. 5* ⁉️

QUESTION NO. 5: “Based on your understanding, does everyone who holds your religious belief(s) oppose COVID-19 vaccination? Please explain. If you have any materials or literature that supports your understanding, please provide it or direct us to it here.”

Just the opposite. Many members of my church have taken the vaccines, and I assume they have done so in good faith. Others have not. But my faith requires me to adhere to my personal relationship with my Savior, my own understanding of what the Bible teaches, and the deeply-held convictions that are placed in my heart by Holy Spirit after prayer. Others’ decisions have no impact on my relationship with God.

⁉️ *QUESTION NO. 6* ⁉️

QUESTION NO. 6: “Does the leadership of your religion and/or faith oppose the COVID-19 vaccination? Please explain and identify your religious leader(s) and contact information. Please also indicate whether you consent to a JetBlue representative contacting your religious leader(s) in connection with this request.”

The Southern Baptist Association is an affiliation of independent churches that all agree to adhere to the same statement of faith. There is no “religious leader” as such. We believe that Christians have direct personal relationships with Jesus Christ and do not recognize other earthly authorities in the way that you mean. The SBA’s president position is an administrative role and does not make pronouncements about religious beliefs or interpret the Bible.

[NOTE: See Thomas v. Review Bd. of Ind. Emp’t Sec. Div., 450 U.S. 707, 7145-16 (1981) (“intrafaith differences of that kind are not uncommon among followers of a particular creed . . . and the guarantee of free exercise is not limited to beliefs which are shared by all of the members of a religious sect”).]

⁉️ *QUESTION NO. 7* ⁉️

QUESTION NO. 7: “The leadership of a number of religious sects and faith-based organizations — including but not limited to Catholic, Episcopal, South Baptist Evangelical, National Association of Evangelicals, National Council of Churches, Orthodox (Jewish) Union, Greek Orthodox, Islamic Society of North America, and Church of Jesus Christ of Latter-day Saints leadership — are encouraging COVID-19 vaccination and have stated that doing so does not violate the tenets of Christianity, Judaism, or Islam. Please explain whether (1) you belong to any of the sects/ religions in which religious and/or faith leadership is encouraging COVID-19 vaccination; and (2) if so, how you reconcile your beliefs against getting the COVID-19 vaccination with the contrary position from your religious and/or faith leadership.”

It is true that the SBA’s president, Robert Jeffress, has taken the vaccine. I am not aware of whether he has encouraged any others to do the same. But the SBA has not passed any official resolution related to the injections. Furthermore, as I explained above, the association’s president does not interpret Scripture or set religious policy. He has no authority to regulate individual churches or members. The SBA does not recognize the vaccine issue as a theological directive.

Since I have not spoken with the SBA’s president, I do not know his heart and cannot speak for him. I assume he has prayed and has a peace about his decision. I do not have a peace about taking the vaccines, and to do so after my conviction by Holy Spirit would be a grievous sin, regardless of what Mr. Jeffress says.

💡 *CONCLUSION* 💡

My answers above are intended to provide the evidence that the review committee needs to approve the RA. If they deny it, the answers are intended to preserve a claim for damages for religious discrimination. Be cautious about adding information or varying from the example too much. Whenever you are talking, you are creating evidence.

The key to this approach is that you have reviewed the other side’s arguments, considered them carefully, prayed, and still have a firm, sincerely held conviction that you are not to take the injections. This is not based on any internet rumors, “facts,” conspiracy theories, or the like. You fully understand the CDC’s position and don’t particularly argue with it (except for the lack of long-term safety data, which is inarguable). But your objection is not based on safety. It’s based on your sincerely-held religious beliefs.

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The first thing you need to do is buck up. This is a spiritual war, and you need to be in top mental form to fight. They overwhelmed us; we lawyers are working on it night and day but there just aren’t enough of us to get in front of enough courts in the short amount of time before termination deadlines kick in. So get yourself ready to fight for yourself for now, if you have to:

“Better to fight for something than live for nothing.”

— Gen. George S. Patton.

“We, too, born to freedom, and believing in freedom, are willing to fight to maintain freedom. We, and all others who believe as deeply as we do, would rather die on our feet than live on our knees.”

— Franklin Delano Roosevelt

Look, this is an awful situation. But don’t feel hopeless or powerless. You have the high ground, morally and legally. Just because they are doing a bunch of lawless stuff, fast, doesn’t mean there won’t eventually be justice. Why do I say that? Not only is what they’re doing patently unconstitutional, but they are dumb, deluded, and desperate. Desperate because they are doing all this in such a hurry to stay away from the courts. And when you do things in a hurry, you make mistakes. They are going to make a LOT of mistakes.

What your employer is doing is also wicked. The Bible has a lot to suggest about what happens to people who plot wicked schemes against you:

“May ruin befall them by surprise; may the net they hid ensnare them; may they fall into the hazard they created.”
— Psalm 35:8

“He has dug a hole and hollowed it out; he has fallen into a pit of his own making.”
— Psalm 7:15.

“They spread a net for my feet; my soul was despondent. They dug a pit before me, but they themselves have fallen into it! Selah.”
— Psalm 57:6.

“Let the wicked fall into their own nets, but let me escape.”
— Psalm 141:10.

✊ *MANDATORY DISCLAIMER* ✊

Before we get started, since I’m a lawyer, here’s the mandatory disclaimer that I’m required to give you. This post is not legal advice. I am not your lawyer and this post does not create any attorney-client relationship. Use any suggestions herein at your own risk and consult your own counsel.

Now, let’s get going.

✊ *FIRST PRINCIPLES* ✊

Your employer is wrong.

What they are doing is illegal and unconstitutional. If it’s a government employer, they are violating Planned Parenthood v. Casey, Roe v. Wade, and a long line of bodily integrity cases flowing from those cases. The Methodist Hospital case and its sad progeny have been wrongly decided; threats of loss of employment ARE well-known to be coercive. See, e.g., Am. Fed’n of State, County & Mun. Employees Council 79 v. Rick Scott, 717 F.3d 851, 874 (11th Cir. 2013) (“In effect, the State is offering its employees this Hobson’s choice: either they relinquish their Fourth Amendment rights and produce a urine sample which carries the potential for termination, or they accept termination immediately … To begin with, we do not agree that employees’ submission to drug testing, on pain of termination, constitutes consent under governing Supreme Court case law”).

The “vaccinate or terminate” policy is no less wrong because your employer is a private company (meaning, not run by government). The reason is because your private employer would not have done this BUT FOR the government coercing them to. The government can’t do something THROUGH a private actor that it would be illegal to do directly. See, e.g., Hammerhead Enterprises, Inc. v. Brezenoff, 707 F. 2d 33 (2d. Cir. 1983) (“Where comments of a government official can reasonably be interpreted as intimating that some form of punishment or adverse regulatory action will follow the failure to accede to the official’s request, a valid claim can be stated.”).

So.

✊ *FIRST STEPS* ✊

Unless you have a solid financial reason, DO NOT QUIT. If you resign, you torch your rights to sue your employer later for damages if they wrongfully fire you. That’s exactly what they want you to do.

There will be a flotilla of arguments to sue private companies for wrongful termination, don’t you worry. When the dust clears, there is going to be a thousand times as much litigation over these firings than all the tobacco litigation put together. These employers aren’t going to know what hit them.

All these employer policies are designed to convince you to resign. That’s the best-case scenario for the employer. It absolves them from liability. They’ll argue, who knows WHY the person quit? Could have been any reason. Uh-huh. I’ve seen memos stating that, “If you do not sign this acknowledgment [to inject], then you will be deemed to have resigned.” First of all, that’s bogus and unenforceable. Second, don’t sign it, and don’t resign.

If you quit, you’ll be ineligible for unemployment benefits. Those benefits cost your employer a lot of money. Make them pay.

What are some sound reasons to quit? Say you’ve already found a better job. Take it and go. Or maybe you’re eligible for retirement or early retirement. Take the retirement and THEN go find another job. But if you don’t have a compelling financial reason, DO NOT QUIT.

If you’ve already quit, don’t worry about it. We can still argue that you were constructively terminated. See, e.g., [Constructive dismissal - Wikipedia].

✊ *HOW TO TIPTOE THROUGH THE EVIDENTIARY MINEFIELD* ✊

If your employer has set an injection-or-termination deadline, they are also busy collecting evidence to use against you to defend themselves in a later lawsuit. Keep that in mind every time you send an email or text about the policy, or fill out a form, answer a questionnaire, or submit a “request for accommodation.”

Anything you send your employer in writing, in whatever form, should begin with the words, “I want to keep my job. I have been a loyal and productive employee here since [DATE].” If you’ve received honors, excellent performance reviews, awards, or the like, add a line mentioning those. REPEAT THIS STATEMENT EVERY SINGLE TIME you talk about the policy in writing. Let’s call this the “Job Affirmation Statement.”

Don’t put anything in writing that could be used against you. Save your temper tantrums and venting for outside the workplace. Never say anything negative or even slightly critical of your employer. If you’ve already done that, offset it now by saying something positive and apologizing for your previous comments. IN WRITING.

Keep EVERYTHING. Build your evidence locker. What your future lawyer will want is evidence. Make a special file — outside your employer’s file system — to keep every single thing that relates to the policy; what you said, what they said, and so forth. Print every online form, FAQ, memorandum, etc. to PDF and save it to your evidence file.

Note: I am NOT saying to avoid talking to them about the policy. Just the opposite. Talk to them a LOT. In a positive way. We’re trying to get them to make mistakes and say something we can use against them later.

Finally, BCC your own personal email account on all your communications with them. That way you'll have access to those emails even if your email account is unexpectedly closed down.

(If you’re a lawyer for a big employer reading this to find out what I’m suggesting to folks, first, you should be ashamed of yourself. Second, get stuffed. When the dust finally clears, we’re coming for your client, hard.)

✊ *HOW TO DOCUMENT ORAL COMMUNICATIONS* ✊

I’ve noticed a lot of these employers are trying super hard not to create evidence that can be used against THEM. So tons of communications about these policies are being handled orally. “Please call HR to discuss,” and so forth.

That’s no problem. After you have an oral conversation with a manager at your company about the policy, go right back to your workstation, and compose an email to that person. Here’s what to put in it:

1) Thank them and frame it as your professional attempt to make sure you understood everything (“Thanks for the informative conversation just now. I wanted to recap what we discussed to make sure I understood everything you said and didn’t miss anything.”)

2) State the Job Affirmation Statement (“To be clear, I want to keep my job…”).

3) Recap what they said. “As I recall, you said BLH BLAH BLAH.”

4) If it’s important, recap what YOU said: “I said, BLAH BLAH BLAH.”

5) Ask for correction (“Please let me know ASAP if I’ve misunderstood anything, or left anything important out.”)

6) Thank them again (“Thanks so much for taking the time to assist me with these difficult matters. I appreciate it very much.”)

Then print the email out to PDF and save it in your evidence locker. If they respond, add the response. Document EVERYTHING.

✊ *ASK TO BE RELEASED FROM YOUR RESTRICTIVE COVENANTS* ✊

Many of you will also be subject to long-standing “restrictive covenants,” like non-disclosures, non-solicitation agreements, and non-competes.

Send an email RIGHT NOW asking to be released from those if you are ultimately terminated. First review the employee handbook or your employment agreement to find all these. Then, write HR something like this, but in your own words:

“Hi. [JOB AFFIRMATION STATEMENT]. But, in the event that I /am/ terminated due to the vaccine policy, please consider this to be my formal request to be released from my non-compete, non-disclosure, and non-solicitation restrictions [modify as appropriate]. If I do not hear back from you I will assume that you have agreed.”

Document it. They may or may not respond. If they do send you something from legal that says “you can’t do that” or the like, just email back, “I disagree, but hopefully that won’t be an issue, because [JOB AFFIRMATION STATEMENT].” Document everything into your evidence locker.

✊ *CHECK YOUR EMPLOYMENT AGREEMENT* ✊

Most of you are at-will employees with no definite employment agreement. But some of you HAVE employment agreements, especially if you’re an executive or a salesman. Review your employment agreement. It probably doesn’t say anything about having to take experimental EUA drugs. Now would be a good time to point this out to your employer, that they are breaching by adding conditions not in the contract. If they push back, say you’ll get a lawyer if you have to, but you’ll expect them to pay for it if it turns out you were right.

✊ *WORK TOGETHER* ✊

There is nothing whatsoever wrong with putting up a flyer in the break room, or even sending a company-wide email for that matter, asking other people who don’t want the injection to meet up after hours to discuss the situation. Just don’t spend a lot of work time on organizing and don’t use company equipment to do it. Do the organizing and printing on your own time.

If you find you have a big enough group, discuss ways to (legally) put pressure on your employer. Maybe you can all take vacation at the same time, for example. (If you’re subject to a collective bargaining agreement, talk to your union lawyer before you do that. Otherwise, you should be good.)

Don’t try to hurt their business, at least, not directly, not as your primary goal. You have a common-law duty of loyalty to your employer, so don’t be doing dumb stuff like emailing confidential materials to competitors or anything like that. Don’t lie. Keep the high ground. But be firm. Use ALL the legal tools available to you.

✊ *MORE COMMENTS ON RELIGIOUS EXEMPTIONS* ✊

I’ve previously written a primer on how to write religious exemption requests: [⛪PRIMER ON RELIGIOUS EXEMPTION REQUESTS⛪ - by Jeff Childers - ☕️ Coffee & Covid 2021 🦠]

Now, let’s talk some more about this most powerful exemption.

First of all, the big employers are DEFINITELY discriminating against religious folks. Rampantly. It’s disgusting, and it shows how lost and pagan the corporate world has become. I weep for those people.

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of their sincerely held religious beliefs. See 42 U.S.C. §2000e-2(a) (“It shall be an unlawful employment practice for an employer . . . to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin”).

It’s not just sincerely-held religious beliefs either. Atheists aren’t left out. Title VII’s protections also extend nonreligious beliefs if they are related to morality, ultimate ideas about life, purpose, and death. See EEOC, Questions and Answers: Religious Discrimination in the Workplace (June 7, 2008), (“Title VII’s protections also extend to those who are discriminated against or need accommodation because they profess no religious beliefs”).

That’s why they are going to such great lengths to document your “religious exemption request.” They’re scared of the lawsuits. If they fire you over your religious beliefs, and can’t show the employment policy was reasonable, or that there was no reasonable way they could accommodate you, then they will probably ultimately be liable for all your financial damages. So.

Let me be clear about something. There’s no such thing as a “religious exemption REQUEST.” You don’t have to REQUEST it. It’s the LAW. They have to accommodate your religious or moral beliefs. It’s the employer’s burden, not yours. All you have to do is NOTIFY THEM of your sincerely-held religious or moral beliefs. Stop thinking you have to beg for it.

What’s a sincerely-held moral belief? That compulsory medical treatments similar to those seen in Nuremberg are EVIL. That the top people pushing these injections are immoral, bad people. That abortion is wrong and the fruits of abortion are equally wrong (all three of the currently available Covid injections are developed and produced from, tested with, researched on, or otherwise connected with the aborted fetal cell lines HEK-293 and PER.C6). That employers can’t treat their employees like cattle. That employers can’t treat their employees’ bodies like equipment to be upgraded or something.

Here’s what your sincerely-held moral or religious beliefs do NOT have to be:

— Religious. As I said, it doesn’t even have to be a religious belief, just a sincerely-held moral or ethical belief.

— Consistent with previous actions, like other vaccines you might have taken. Doesn’t matter.

— “[A]cceptable, logical, consistent, or comprehensible to others in order to merit [legal] protection.”

— Long-standing. Even newly-acquired beliefs are fine, so long as they are sincerely-held. Go get baptized. It’s time you did it anyway. A good church will provide you with a social safety net, worst come to worst.

— Consistent with generally accepted tenets of your religious denomination (“we reject the notion that to claim the protection, one must be responding to the commands of a particular religious organization”).

I am aware that a lot of these employers are rejecting religious accommodation requests en masse. That’s fantastic evidence of religious discrimination right there. That’s an employer falling into a trap of its own making. That’s a ton of lawsuits waiting to happen after people are terminated and start encountering financial damages.

In fact, it’s SO bizarre that employers would be rejecting religious accommodation requests en masse that it makes me think they might just be playing chicken and are going to back down once they get enough people to take the jab through anxiety and pressure tactics. They couldn’t be THAT stupid, could they?

If you can get them to say something anti-religious in an email, that is legal GOLD. So let your religious and moral beliefs shine. Talk about them a LOT.

Summary: make your religious or moral objections and stick to your guns. Do not quit.

✊ *WHAT TO DO IF YOUR ‘REQUEST’ IS REJECTED* ✊

If your employer rejects your religious exemption “request,” send this email to HR:*

“[JOB AFFIRMATION STATEMENT]. But I was confused just now when I received this notification that you are ‘rejecting’ my religious beliefs. That makes no sense to me. My religious beliefs are deeply-held and I do not recognize your authority to reject them. To be clear, I have notified you of my sincerely held religious beliefs. I expect you to accommodate them. Please govern yourself accordingly.”

* Substitute “moral beliefs” as appropriate.

Document, document, document.

✊ *SHOULD YOU PERSUADE YOUR EMPLOYER TO CHANGE COURSE?* ✊

Absolutely try to persuade them to change the policy. Some employers have already changed course, so it’s not a complete lost cause. Send them studies, articles, Bible verses, or essays that you’ve written. Liberally use your Job Affirmation Statement and keep a positive attitude. Document everything, especially responses.

✊ *WHAT ABOUT YOUR NATURAL IMMUNITY?* ✊

If you have natural immunity from a prior Covid infection, TELL YOUR EMPLOYER. Go get an antibody test. Not all the tests are equal. Some are more accurate than others. Do your homework. And there are false negatives. So don’t give up if your first one is negative, if you know for sure you had the virus. A LOT of us have. We’re the ones not getting sick now.

The fact that you notified your employer about your natural immunity might be terrific evidence later, depending on how the law evolves. Document, document, document.

✊ *INJECT OR TEST POLICIES* ✊

Suppose you are one of the fortunate ones to be facing an “inject or test” policy. Testing, ESPECIALLY unnecessary testing or discriminatory testing, is also invasive and unconstitutional. But take it for now unless you are 100% committed to going the distance. For Heaven’s sake, don’t take the injection to avoid a testing requirement. We’ll come back and clear these up later.

✊ *THERE IS NO FEDERAL MANDATE FOR PRIVATE EMPLOYERS* ✊

While there is an executive order requiring federal employees and contractors to get the injections, as of the date of this post, there is NO federal mandate for private employers like Joe Biden announced while he was drowning in bad press after his Afghanistan disaster. There’s not even an executive order directing OSHA to create the rule.

See [Joe Biden’s Vaccine Mandate Doesn’t Exist. It’s Just A Press Release].

If your employer is trying to use the Biden private-employer mandate as an excuse to require the injections, send them that Federalist article.

✊ *STATUS OF LAWSUITS, SHOULD YOU JOIN UP?* ✊

Finally! A LOT of lawyers are filing a lot of lawsuits right now. I can’t even keep up with them all any more. It will only take one — the RIGHT one — for everything to resolve favorably. So hang in there.

If there’s a lawsuit going in your area, for sure join up. Not all lawsuits are equal in quality or chances. But just remember, all of this is illegal and unconstitutional. Judges are going to start coming to their senses at some point.

✊ *RESOURCES* ✊

For whatever reason, traditional civil rights firms have been totally useless, irrelevant, nowhere to be seen. I’ve been profoundly disappointed by the Alliance Defending Freedom, for example. Take a look at their website. Not one thing about coerced injections on the home page. It’s reprehensible. They claim to stand up for religious freedom.

But Liberty Counsel is doing great work. (https://lc.org). They have a ton of helpful stuff on their website. So is Robert Kennedy’s group, the Children’s Health Defense group (https://childrenshealthdefense.org). I think we’re seeing the rise of the new civil rights law firms.

There are also a lot of no-vax job boards popping up, like novaxjobsusa.com, novaxmandate.org, and Gab (https://gab.com/groups/49159). You might want to post your resume up there somewhere.

✊ *BE STRONG AND DON’T QUIT* ✊

Remember what they used to say? “Quitters never win.” Don’t quit.

If worst comes to worst, and they fire you, carefully document ALL your financial damages. What goes around WILL come around.

And hang on! We could win this thing any time now. The Biden Administration is collapsing in the polls. The Europeans have stopped listening to the CDC (more on that tomorrow). The dam looks like it might be breaking again, like the mask dam broke late last year.

✊ *HELP LIKE YOU MEAN BUSINESS* ✊

It’s all hands on deck. If this article was helpful to you, PLEASE consider a significant donation to the cause. You can pledge here: https://www.coffeeandcovid.com/p/-learn-how-to-get-involved-. This isn’t a small deal. This is a BIG deal, maybe the biggest in our lifetimes. We are up against the biggest government in history with the deepest pockets. We don’t need to match them, but we need to stay in the game. If you can’t help directly, please consider helping financially.

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To better guide your search for information on all things related to Covid-19, a list of resources has been compiled below for each of the following categories: Medical, Legal, Forms & Letters, Jobs, and Critical Information on the Bigger Agenda.

This list was compiled by Corey Lynn of coreysdigs.com

Find the resources here—> https://www.coreysdigs.com/health-science/covid-19-resources-medical-legal-forms-jobs-other-critical-information/

I think everybody’s missing the point.

Here’s what I see going on. Most big employers are providing online forms for employees to “request” a religious exemption. The forms don’t give any instructions or say what should be in the request. Watch out. These forms are a kind of a trap; what the employers are really doing is gathering evidence.

If I were an unethical federal lawyer planning how all this would be rolled out, I would say that the first step would be to get people to commit to their religious exemption story in writing before anyone catches on. The second step would be to bring them into HR, one by one, without counsel, and interrogate employees about what they said in the form. You’d want HR to have a religious expert and a doctor in the room to help with the interrogation.

The HR meeting is not to try to approve the exemption request. It’s to protect the employer by developing evidence that your religious belief isn’t really sincere. It will go like this. The employee will say something like, “I’m pro-life and there are fetal stem cells in the vaccines.” Then the doctor will say, “well, did you know there aren’t any stem cells in the vaccines? That’s misinformation,” and he would pull up some website. Then — all while being recorded — they’d ask the employee, “so, you don’t REALLY have an objection, do you?” I guess not, the employee will say, and bingo, just like that, the employer is covered, with evidence, if there’s a lawsuit later.

So, let me tell you what the REAL standards are. And first, let me say that I do NOT encourage anyone to assert a fake religious exemption request. It must be legit. But, the first principle you need to know is that a qualifying sincerely-held religious belief can be recently acquired. There’s no particular amount of time you must have held that belief. It could have popped into your head ten seconds ago. For example, in EEOC v. Ilona of Hungary, Inc., 108 F.3d 1569, 1575 (7th Cir. 1997), the court found that a Jewish employee had proved her request for leave on Yom Kippur was based on a sincerely held religious belief, even though she had never in her prior eight-year tenure sought leave from work for a religious observance, had even conceded that she generally was not a very religious person, but the evidence showed that the recent birth of her son and the death of her father had strengthened her religious beliefs.

So, get your head right, your butt to church, and start reading your Bible. Which you should be doing anyways.

Next, you don’t have to be devout or even openly religious. The law is clear that a sincere religious believer doesn’t forfeit his religious rights merely because he is not scrupulous in his observance or had never openly demonstrated those beliefs in the past.

The Supreme Court has found that a qualifying religious belief is one that is “sincerely” held. This is critical: it doesn’t have to be tied to any particular scripture, fact, or reasoning. In Anderson v. U.S.F. Logistics (IMC), Inc., 274 F.3d 470, 475 (7th Cir. 2001), the court held that an employer could not stop an employee from using the phrase “Have a Blessed Day” as a greeting in her work emails, even if the use of the phrase was not expressly required by her religion (Christian Methodist Episcopal) and was totally unique to her.

In Heller v. EBB Auto Co., 8 F.3d 1433, 1438 (9th Cir. 1993), even the liberal Ninth Circuit said this:

“To restrict the act to those practices which are mandated or prohibited by a tenet of the religion, would involve the court in determining not only what are the tenets of a particular religion, . . . but would frequently require the courts to decide whether a particular practice is or is not required by the tenets of the religion. . . . [S]uch a judicial determination [would] be irreconcilable with the warning issued by the Supreme Court in Fowler v. Rhode Island, 345 U.S 67 (1953) ‘[I]t is no business of courts to say . . . what is a religious practice or activity.’”

That doesn’t mean you can come up with any old crazy idea like the Flying Spaghetti Monster told you so. The belief must have at least SOME religious foundation in order for it to qualify as a sincerely held religious belief that is required to be accommodated. Apart from that, the sincerely held belief will be very broadly interpreted and shouldn’t be investigated for TRUTH. In United States v Ballard, 322 U.S. 78 (1944), for example, the U.S. Supreme Court held that whether a religious belief is true or false should NOT be taken into consideration.

Another important source of law in this area is the Religious Freedom Restoration Act (RFRA). You might scan it so you know what your rights are under that act.

🚨Remember: the religious exemption request “form” you are being asked to fill out is designed to gather evidence AGAINST YOU. Here’s what I suggest you consider including in such a request:

Even though you aren’t required to have been actively religious, if you have been, tell them. How often do you go to church, read your bible, pray? How much have you tithed or donated over the years? When were you baptized? Are you a member of a church? Do you attend a bible study class? Did you previously request a religious exemption for your kids relating to school vaccines?

Tell them your general beliefs about having been created perfectly and living your faith by trusting in God and not man.

— You don’t have to cite ANY scripture. Especially any scripture about vaccines. If you ARE going to cite scripture, you might consider focusing on verses having to do with making moral choices and about avoiding evil people.

— You DON’T need a note from a pastor. It might be helpful if you can get it, but it is not necessary. I was astounded yesterday when someone told me that, when they asked, their pastor said, “there are religious exemptions?” Pope Francis apparently said that Catholics can take vaccines if they believe it is moral. All that tells me is that priests and pastors have their own religious convictions about vaccines. But they aren’t the final authority. God is.

— Do NOT try to be an armchair theologian. It is enough if you prayed about it and determined that God doesn’t want you to take the safe and effective vaccines. You don’t have to prove your encyclopedic biblical knowledge.

— While — as you guys know — I am a Christian, in no way are religious rights and liberties limited to Christianity.

Next, here are some thoughts for how to handle the inevitable HR meeting to discuss your religious exemption request:

— Be confident and upbeat. Fear is the enemy. Pray before or even during the meeting.

— Emphasize the sincere and unwavering nature of your religious belief.

— Don’t let them talk you out of your sincerely-held belief with facts. Truth or falsity of the belief isn’t the issue when it comes to spirituality. For His own reasons, God won’t let himself be “proven” to exist. Beliefs aren’t things that even CAN be proven true or false. People believe all kinds of crazy things against evidence. For example, some people even believe that Fauci is a sentient, moral being. See?

— Don’t engage in theological debates with anyone. Agree to disagree. THEIR beliefs are irrelevant. It’s YOUR beliefs that matter.

— If your belief is newly-acquired, admit it. Just stress how sincerely held it is. Maybe offer the reason that you recently acquired the belief: was it watching so many people live in fear? Something on the news? A death or illness in your family or circle of friends or co-workers?

— Always remember that the interview is being held to gather evidence to defend your employer against a subsequent lawsuit for religious discrimination. It’s not about the form, or “approving” your request. They aren’t trying to help you. So pick your words carefully, thoughtfully, and don’t talk too much.

— Tell the truth.

🚨 Remember facts aren’t final. If you previously said your belief was about fetal cells, and it still is, stick to your guns. Don’t let some doctor or website tell you something different than your religious belief.

— Finally, if you’re an evangelical like me, this meeting would be a great opportunity to witness. Those people need to be saved more than anybody. And you’ll have their rapt attention and their focus on spiritual issues. I’m convicted that He wants us to try to use this chance to save a few more souls. So go for it like we’re in Revelation 6 or something.

The religious exemption is the most powerful weapon in your arsenal. Religious liberty is fundamental in this country. If your employer fires you, or discriminates against you in ANY BURDENSOME WAY because of your religious belief that you aren’t supposed to accept the safe and effective vaccines, then you can sue them for substantial damages and recover your attorney’s fees. Don’t let them steal those rights from you through clever wordplay or tricks.

For additional information about Religious Exemptions visit the Florida Family Policy Council.

UPDATE: On September 14, a New York federal court granted a temporary injunction of the Department of Health’s vaccine mandate for 17 health care workers who’d brought the suit. The workers raised a First Amendment challenge to the mandate, arguing that their sincerely held religious beliefs precluded them from taking vaccines that were tested, developed or manufactured using cell lines from aborted fetuses. Shortly afterwards, New York state court judge Laurence L. Love also issued a temporary restraining order Tuesday barring New York City’s health department from requiring education workers to be vaccinated, on the same grounds.

Roger Gannam, an attorney with Orlando-based firm Liberty Counsel, has published a helpful online guide to asserting religious exemptions AND filing EEOC complaints against private employers who deny them. Link: https://lc.org/exempt.

If you didn’t know — as I didn’t — that aborted fetal cells were used in the testing and development of the currently-available vaccines, then you can supplement or enhance your previous religious exemption request that you’ve submitted, assuming of course that this an issue offensive to your sincerely held religious beliefs. Here’s a link to a source explaining the role of aborted fetal cells used in the vaccines: [You asked, we answered: Do the COVID-19 vaccines contain aborted fetal cells? | Nebraska Medicine Omaha, NE](https://www.nebraskamed.com/COVID/you-asked-we-answered-do-the-covid-19-vaccines-contain-aborted-fetal-cells).

The Nebraska Medicine website explains, “fetal cell lines – cells grown in a laboratory based on aborted fetal cells collected generations ago – were used in testing during research and development of the mRNA vaccines, and during production of the Johnson & Johnson vaccine.”