Vax and Federal Law

[Fogfog]

Has anyone looked at this?

 

How does this apply?

https://www.statnews.com/2021/02/23/federal-law-prohibits-employers-and-others-from-requiring-vaccination-with-a-covid-19-vaccine-distributed-under-an-eua/

 

[paulh84]

Their own argument is basically countered in a more recent opinion piece by the same organization.

 

https://www.statnews.com/2021/04/05/authorization-status-covid-19-vaccine-red-herring-mandating-vaccination/

[TeeRick]

It seems to be written by a lawyer and there is an anti-vax tone to it IMO.  

[marieps]

If not an anti-vax slant, certainly a libertarian one.  The writer speaks of employers, the gov't and organizations having to give people a choice.  I don't see where it specifically says businesses

must given people a choice.  In fact they already do.  Those who choose not be vaccinated also chose to take their business elsewhere.

 

The way I understand it, a libertarian believes his rights are not to be infringed, as long as he/she does not infringe others.  There's always a risk we accept, but I have a right to cruise without unnecessary fear of my voyage being halted by a COVID case.  A voluntary non-vax passenger heightens the risk, and hence infringes on my rights.   At least that's the way I look at it.  A libertarian can also be in favor of mandated vax and sleep well at night.  Happy to hear anyone's thoughts.

[Fouremco]

Even if the opinion provided in the first article is judged more compelling than that contained in the second article, it has no bearing on cruising that I can discern. While it might be illegal for a US employer to demand that employees be vaccinated, or a school to refuse entry to students who have not been vaccinated, the employer/employee and school/student relationships are very different that that between a cruise line and its passengers.

[Alakegirl]

Federal law? Lots of countries have federal laws.  Is this specific to US?

[NonnaTLC]

If everyone is not required to show proof of vaccination, I will not be cruising.

End of story.

[hcat]

 

No US Gov Req for a Vaccine Passport

 

Recent comments by Gov officials:

Dr. Anthony Fauci said Monday that the US government will not require Americans to use vaccine passports to prove they’ve been immunized against the coronavirus.

 

Jen Psaki..Press Secy: 

"The government is not now, nor will we be supporting a system that requires Americans to carry a credential. There will be no federal vaccinations database and no federal mandate requiring everyone to obtain a single vaccination credential," Psaki told reporters at a briefing."

 

Seems this will be left to pvt enterprise in some way shape or form,

Edited April 6, 2021 by hcat

[springfire]

3 hours ago, NonnaTLC said:

If everyone is not required to show proof of vaccination, I will not be cruising.

End of story.

Agreed!

[GeorgesGal]

4 hours ago, NonnaTLC said:

If everyone is not required to show proof of vaccination, I will not be cruising.

End of story.

Ditto!

[davekathy]

4 hours ago, NonnaTLC said:

If everyone is not required to show proof of vaccination, I will not be cruising.

End of story.

We hope everyone, no matter their age. 

[Globehoppers]

The EUA designation is how the US military circumvents this requirement for active duty members of the US Armed Forces.  It remains "voluntary" until the "emergency" designation is removed.

[nocl]

19 minutes ago, Globehoppers said:

The EUA designation is how the US military circumvents this requirement for active duty members of the US Armed Forces.  It remains "voluntary" until the "emergency" designation is removed.

Except while they can refuse it, there seems to be the little fact that if they refuse they cannot be deployed.

 

The law happens to include this little section.  Which indicates that people must be informed, and they have the right to refuse, but with that refusal may come consequences of which they also must be informed.  Which in the military means blocked from deployment (can we say career impacts) and for an employer could be loss of job.

 

(ii)Appropriate conditions designed to ensure that individuals to whom the product is administered are informed—

(I)

that the Secretary has authorized the emergency use of the product;

(II)

of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and

(III)

of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.

 

[NonnaTLC]

1 hour ago, hcat said:

 

No US Gov Req for a Vaccine Passport

 

Recent comments by Gov officials:

Dr. Anthony Fauci said Monday that the US government will not require Americans to use vaccine passports to prove they’ve been immunized against the coronavirus.

 

Jen Psaki..Press Secy: 

"The government is not now, nor will we be supporting a system that requires Americans to carry a credential. There will be no federal vaccinations database and no federal mandate requiring everyone to obtain a single vaccination credential," Psaki told reporters at a briefing."

 

Seems this will be left to pvt enterprise in some way shape or form,

The government can do whatever they like, however, so can cruise ships.  It's a business, if you don't like their rules, don't cruise.  And no there is no vaccine passport, but we all received documents verifying our vaccinations.  I'm thinking that is what will be required to cruise.

[vermonter16]

I'll cruise without vaccination required.  People aren't required to get a flu vaccine...why should this be any different?  If one opts for the vaccine they shouldn't be worried about others not being vaccinated.  Now, if the cruise lines call for a vaccine requirement - that is their call and if people want to cruise, than they will just have to be vaccinated.  I don't think with the vaccine being so new that the government should 'mandate' it for everyone though or even down the line, at least in the United States.  

 

[TeeRick]

I think cruise lines could require proof of vaccination at least for a while.  But not forever.  Maybe the CDC cards with the batch numbers.  Or your medical or pharmacy record. But it would not have to be from a State or Federal database system in the US anyway.  Private companies might get involved in this service and it would probably be voluntary based on the individual.  

[Fouremco]

5 minutes ago, vermonter16 said:

People aren't required to get a flu vaccine...why should this be any different? 

Really??? Over a year into the pandemic and you're still equating it to the flu? SMH

Edited April 6, 2021 by Fouremco

[TeeRick]

2 minutes ago, Fouremco said:

Really??? Over a year into the pandemic and you're still equating it to the flu? SMH

Thanks Fouremco- you gave me my laugh of the day.😀

[Fouremco]

1 minute ago, TeeRick said:

Thanks Fouremco- you gave me my laugh of the day.😀

It's either laugh or cry...

[vermonter16]

I am.  Laugh all you want.

[larry_s_taco]

I am in no means a lawyer, but it seems to me that the cruise line could just add a vaccine requirement in their cruise contract. We all sign, and agree to the contract before we cruise. If you don't want to sign the cruise contract it is your prerogative, but you also don't get on their ship for the cruise. Am I out of the ball park here? 

[ECCruise]

1 hour ago, vermonter16 said:

I'll cruise without vaccination required.  People aren't required to get a flu vaccine...why should this be any different? 

 

Just off the top of my head I can think of over a half million reasons why.

Average annual flu deaths, USA: ~40,000

COVID deaths in 1 year: 550,000

 

Difference:  500,000+

 

Can't believe people still spout this "same as flu" nonsense.

[jelayne]

No Shirt,  No Shoes, No Service.  Works for restaurants.

[vermonter16]

26 minutes ago, ECCruise said:

Just off the top of my head I can think of over a half million reasons why.

Average annual flu deaths, USA: ~40,000

COVID deaths in 1 year: 550,000

 

Difference:  500,000+

 

Can't believe people still spout this "same as flu" nonsense.

I can give a person a ton of reasons why as well and I would encourage people to get the vaccine.  Although people are laughing at me, I actually went into the trials and received the vaccine months ago because I wanted to help the common good.  But - you would have to determine that this a measles, polio type situation to make the vaccine mandatory and that this is different than the flu over the course of time.  I believe this is different than the flu because it affects people so differently, but you have got to start from the ground up - that is my opinion.  People can continue to laugh if they want, but this whole situation is going to take time and facts and long term statistics to mandate a vaccine federally - at least it should, again, in my opinion.  

[WonderMan3]

Why would anyone want to go on a cruise that was not mandating vaccines for everyone onboard in order to prevent disease spread that could bring said cruise to an early conclusion? I’m baffled why people continue to push these narratives here.