Commissioners Approve COVID-19 Vaccine ‘Choice’ ResolutionKosciusko County Commissioners Tuesday unanimously approved a resolution declaring the county as a place where COVID-19 vaccines are private information.
Titled the “Healthcare Freedom and Privacy and Against Mandatory COVID-19 Immunization Requirements” resolution, it begins by stating: “This resolution is not to suggest that a COVID-19 vaccine should or should not be taken by any individual. Instead, this resolution is in support of individual liberty and freedom of choice.”
County attorney Ed Ormsby drafted the resolution and read it in its entirety at Tuesday’s Commissioners meeting.
The resolution continues: “It is an unreasonable seizure of a person for the government to require a COVID-19 vaccine for all persons regardless of age, medical condition or other factors ... It is an unreasonable invasion of privacy, except in certain healthcare-related facilities and other exceptional circumstances, to require a person to disclose the status of his or her COVID-19 immunization status for employment, education, access to events or engagement in normal commercial and recreational activities for the reasons to be stated below.”
The resolution goes on to talk about the Excelsior Pass being used in New York and also the requirement by Indiana University for students to be vaccinated before returning to the Bloomington campus in the fall.
“According to an IU spokesperson, there will be ‘strong consequences’ for those who choose not to get the vaccine and do not meet the exemption criteria. Students who violate the requirement could have their registration canceled, CrimsonCard access terminated and access to IU systems, such as Canvas and email, restricted. They also will not be able to participate in on-campus activities,” the resolution states.
As a partial response to potential COVID-19 immunization passport requirements, the 2021 Indiana General Assembly added Chapter 11 to Indiana Code 16-39. The code establishes that the state of Indiana and its local units of government are prohibited from issuing or requiring an immunization passport, except as set forth in the section.
“The Board (of Commissioners) wholeheartedly supports the addition of Chapter 11 to the Indiana code ... However, the Board also expresses additional grave concerns that COVID-19 immunization passport requirements could create in non-government settings, including but not limited to, concerns associated with civil liberties, privacy of personal health information, religious freedom, discrimination and individual choice with regard to a person’s own healthcare,” the resolution states.
The resolution encourages businesses and schools in the county to avoid any measures or mandates requiring employees, customers, patrons, students or others to get a COVID vaccine or to produce health information about the person’s COVID vaccination status.
It further warns that the U.S. Occupational Safety and Health Administration (OSHA) has also put employers on notice that should an employer attempt to require employees to receive injections of a COVID-19 vaccine, a resulting adverse reaction for the employee will be considered “work related” for which the employer may be held liable.
“It is reasonable for a person or parents in his her own personal circumstances to have the individual freedom and liberty to make his or her own informed healthcare decision on whether to get a COVID-19 vaccine for the reasons below,” the resolution reads.
“Per recent CDC guidance, persons that have received a COVID-19 vaccine should not have to wear masks or be afraid of those who have not received the COVID-19 vaccine. The COVID-19 vaccines have not yet been approved by the FDA. The FDA has issued an emergency use authorization only for the vaccines. The long-term effects of COVID-19 are unknown,” the resolution reads.
It continues to say, “It is not unreasonable for a person to be skeptical of COVID-19 information. For example, the media has pushed panic to achieve ratings and readership. COVID-19 has often been more about politics than science, and the credibility of the U.S. government has not been high with regard to COVID-19.”
The resolution then goes on to state that not all people are at high-risk for death or significant adverse long-term effects from COVID-19.
“This information demonstrates the multi-factored complexity of the issue and that draconian, over-generalized decisions like those made in New York and by Indiana University are ill-considered and unreasonable,” according to the resolution. “Every person who wants to get a COVID-19 vaccine should be able to do so, and every person or parent that does not want to get a COVID-19 vaccine for themselves or their child should not be required to do so.”
The resolution was unanimously passed by the commissioners, with Commissioner Brad Jackson thanking Ormsby for preparing the resolution.
“The county health department is still fully engaged in providing vaccines to our residents of Kosciusko County,” Commissioner Cary Groninger said. “The people who would still want to have one, there are appointments available. We feel as commissioners you guys ought to have that choice to be able to decide whether you want the vaccination or not and not be dictated by government. We want to provide that service, and we are, but we want that to be your choice, not ours.”
“Government overreach is getting to be a norm in our country,” Commissioner President Bob Conley said. “I think it’s imperative to let people know how we stand.”
The next Commissioners meeting is 9 a.m. June 8 in the old courthouse.
