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Foundation says all six complainants have recovered from COVID and have ‘natural antibodies’
EUGENE, Ore. (KTVZ) – Six Oregonians, represented by the Freedom Foundation, sued Governor Brown and the Oregon Health Authority in federal court over the governor’s recent mandate to have several groups of workers vaccinated by October 18 or face possible dismissal.
The lawsuit, filed in United States District Court in Eugene, names Governor Kate Brown and Oregon Health Authority Director Patrick Allen as defendants.
“All six plaintiffs have already had Covid and have natural antibodies,” the foundation said in Friday’s press release announcing the lawsuit.
“The governor’s orders do not take into account natural immunity which, according to current studies, is just as – if not more – effective than any vaccine,” said Jason Dudash, director of the Freedom Foundation in the Oregon. “These mandates are about control and not based on any science, which is consistent with what we saw coming out of the governor’s mansion last year, as well as the White House.”
“The state forcing individuals to undergo any medical procedure against their will is scandalous enough,” said Rebekah Millard, legal counsel for the Freedom Foundation, which represents the plaintiffs. “Imposing a single mandate on people who not only do not need the vaccine, but who would be at high risk of serious side effects if they took it shows conclusively that state actions are rooted in politics partisan rather than harsh. science. “
An assistant to the governor said the office generally does not comment on pending litigation.
This is the second lawsuit against the governor during the term in recent weeks. Earlier this month, nine soldiers from Oregon State Police, five from central Oregon and a group of firefighters from Klamath Falls filed a lawsuit against the governor of the county circuit court. of Jefferson, challenging and seeking to block the vaccination mandate.
The Freedom Foundation said the federal plaintiffs include:
Joshua Williams, chief of Aurora Fire and Rescue, who contracted COVID last January;
Jennifer Lewis, office manager and treatment coordinator for Klamath Falls Orthodontics, who contracted the virus in December 2020;
· Beaverton school bus driver David Klaus was tested for COVID in January and was told he, like the others, had “robust natural immunity to COVID-19”.
Phillip Kearney, who works for the Oregon Department of Justice as the Deputy Special Agent in Charge, tested positive for COVID-19 in the spring of 2021;
Jay Hicks resides in Malheur County and works for the Oregon Corrections, where he served for 22 years, and whose doctor specifically suggested he not get the shot after recently testing positive for antibodies ; and
Michael Miller, who also works for Oregon Corrections, who, while having the virus in November 2020, tested positive for COVID-19 antibodies on September 1, 2021.
Citing a slight increase in the number of reported cases, health officials blame the emergence of the so-called “delta variant” of the virus, Brown on August 13 and 25, respectively, mandated anyone working at a school, health care or state executive agency to obtain proof of vaccination by October 18.
Both public and private employers in Oregon are subject to Brown’s Executive Orders, which threaten with a fine of $ 500 per day per violation until the employee is terminated or vaccinated.
The complainants each claim to have suffered or suffer material damage if their refusal to be vaccinated results in dismissal by their respective employers.
“The Constitution unequivocally allows free Americans to refuse unwanted medical treatment,” Dudash said. “It logically follows that they cannot be discriminated against for exercising their constitutional right.”
Dudash concluded, “Oregon’s education system has been a national laughing stock for years. Our health systems are currently in crisis. The governor should have a vested interest in keeping as many people on the payroll as possible. Instead, she’s arguing for a comprehensive policy that will lay off tens of thousands of employees she touted last month as heroes, for a reason that can only be interpreted as punitive and vindictive.
The United States Centers for Disease Control released a study a month ago that found that vaccination offers higher protection than a previous infection with COVID-19.
State health officials say the current rate of COVID-19 in unvaccinated people is about five times higher than in vaccinated people. Almost 81% of new COVID cases in Oregon last week were among the unvaccinated, the OHA said.
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