In-N-Out Burger tells San Francisco 'we refuse to become the vaccination police' after city closes restaurant
In-N-Out Burger blasted the city of San Francisco's proof of COVID-19 vaccination requirements after the San Francisco Department of Health closed one of the popular California burger joint's locations for serving customers who were not carrying the proper papers.
"On Thursday, October 14, the San Francisco Department of Public Health closed our restaurant at 333 Jefferson Street because In-N-Out Burger Associates (employees) were not preventing the entry of Customers who were not carrying proper vaccination documentation," In-N-Out Burger's chief legal and business officer, Arnie Wensinger, said in a statement.
"Our store properly and clearly posted signage to communicate local vaccination requirements," Wensinger said. "After closing our restaurant, local regulators informed us that our restaurant Associates must actively intervene by demanding proof of vaccination and photo identification from every Customer, then act as enforcement personnel by barring entry for any Customers without the proper documentation."
"We refuse to become the vaccination police for any government," Wensinger declared, slamming the San Francisco Department of Health's requirements as "unreasonable, invasive, and unsafe" and accusing the city of asking restaurants to "segregate Customers" based on vaccine documentation.
Wensinger's statement was first reported by The HighWire.
In August, San Francisco Mayor London Breed announced that the city would require businesses in "high-contact indoor sectors," including bars, restaurants, clubs, and gyms to obtain proof of COVID-19 vaccination from patrons and employees before servicing them. The health order was implemented to "protect against the continued spread of COVID-19, particularly among the unvaccinated," according to a statement from the mayor's office.
"Many San Francisco businesses are already leading the way by requiring proof of vaccination for their customers because they care about the health of their employees, their customers, and this City. This order builds on their leadership and will help us weather the challenges ahead and keep our businesses open. Vaccines are our way out of the pandemic, and our way back to a life where we can be together safely," Breed said at the time.
San Francisco was among the first major U.S. cities to require proof of COVID-19 vaccination to enter indoor restaurants and other businesses. The city also implemented a vaccine mandate for workers at these places of business, which went into effect on Oct. 13.
In his statement, Wensinger accused San Francisco of forcing businesses "to discriminate against customers who choose to patronize their business."
"This is clear governmental overreach and is intrusive, improper, and offensive."
The San Francisco Department of Health did not immediately respond to a request for comment.
VIDEO: Tourists attack hostess after she asks for proof of COVID vaccination
A trio of tourists visiting New York City from Texas reportedly attacked a hostess at a well-known restaurant after they were asked to show proof of COVID-19 vaccination in order to dine inside.
Cell phone video obtained by WNBC-TV appears to show the group of individuals — all three of them women — assaulting a Carmine's employee at around 5 p.m. Thursday evening.
In the video, the assailants can be seen punching and slapping the restaurant employee in the face and body and nearly tipping over the hostess stand. One of the women allegedly ripped a necklace off the hostess' neck.
According to the outlet, tempers flared after the hostess, who has not been identified, questioned the legitimacy of the women's vaccination documents. Proof of vaccination to dine inside is now required under the city's new health mandate, which prohibits unvaccinated individuals from gathering indoors for any public activity.
Caught on Camera: NYC Hostess Attacked Over Vaccine Mandate by Texas Tourists www.youtube.com
Eventually, other employees at the restaurant came to break up the fight. In the video, one can be seen carrying one of the attackers away from the scuffle.
The hostess reportedly suffered pain and bruising after the attack but refused medical treatment, the New York Post reported.
"She's extremely shook up," noted Carmine's owner, Jeffrey Bank. "It's inexcusable, ridiculous."
According to the New York Daily News, the tourists — Kaeita Nkeenge Rankin, 44, Tyonnie Keshay Rankin, 21, and Sally Rechelle Lewis, 49 — were given desk appearance tickets for assault, then released.
In a statement, a spokesperson for Carmine's said, "It's a shocking and tragic situation when one of our valued employees is assaulted for doing their job — as required by city policies — and trying to make a living."
The restaurant now plans to post a security guard near the building entrance.
"My employees are freaked out," Bank added. "It's not fair."
The NYC Hospitality Alliance responded to the news by asking for tougher penalties against those who assault restaurant employees, given the increased risk placed on them by the new health mandate.
"We're calling on the city and state of New York to immediately increase penalties for assaulting restaurant workers in New York City in conjunction with enforcement of COVID-19 protocols," the group said.
Horowitz: Dept. of Commerce demands proof of vaccination in order for employees to breathe freely
Sure, the government won't mandate vaccine passports. They'll just make you prove that you were vaccinated in order to function normally in society. For those who thought they won the battle against coerced vaccination, it's time to realize that it's not just the "private" sector violating federal law by ostensibly mandating an experimental gene agent, the government itself is now doing it, too.
Last Tuesday, the Department of Commerce sent out an email to all employees updating its workplace COVID-19 safety guidance. The email obtained by Blaze Media stated that "fully vaccinated federal employees, onsite contractors, and visitors are no longer required to wear face masks or practice physical distancing while in Department of Commerce (DOC) facilities." However, they warn that "fully vaccinated individuals who wish to remove their face masks and not maintain physical distancing may be required to furnish documentation confirming their vaccination status to their supervisor(s) or others charged with ensuring safety compliance upon request. Appropriate documentation of vaccination status includes an original, a copy, or a photograph of a vaccination document."
In a FAQ memo sent to employees of the National Oceanic and Atmospheric Administration (NOAA and a DOC agency) on Friday, the agency reiterated that supervisors may ask for proof of vaccination in order not to wear masks or social distance and also encouraged them to report people who refuse to do so.
NOAA COVID-19 Vaccine FAQs.pdf
Thus, with the flick of a pen the government has violated the Emergency Use Authorization (EUA) statute for its own workforce by requiring people to be vaccinated. To say that having to wear a mask indefinitely for eight hours a day is not coercion is nothing short of lunacy. The statute is crystal clear. The same section of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 360bbb-3, that authorizes the FDA to even grant Emergency Use Authorization status in the first place also requires the secretary of Health and Human Services to "ensure that individuals to whom the product is administered are informed … of the option to accept or refuse administration of the product."
Perforce, not only must the vaccine remain optional, the government itself must ensure that people know it is indeed optional. Instead, they are doing the opposite by stating that people will either be separated, masked, or discriminated against for not getting the vaccine, regardless of their risk status or if they had the infection already, which has proven to convey greater immunity than the vaccine.
The cruel irony of the vaccine mandate is that the CEOs of Pfizer and Moderna just said that the first people who were vaccinated in December and January will need a "booster" shot in September. So, is this going to become mandatory as well? The vaccine is so effective…that it requires constant reinforcement, something we don't see of natural infection even 17 years after SARS 1.
In an email guidance obtained by TheBlaze, the National Weather Service Employees Organization, the union for NWS employees, explicitly state, "This guidance on not wearing masks only applies to those who have been fully vaccinated. It does not apply to those who have caught COVID and have some level of natural immunity but chose not to get vaccinated." [emphasis in original]
So much for an agency of scientists following the science!
The policy of the Department of Commerce stands at odds with the policy of the Department of Justice (DOJ), which likely better understands how to read a statute. Earlier this month, DOJ sent out a memo stating that "Supervisors and managers should not ask about an employee's vaccination status or use information about an employee's vaccination status to make decisions about how and when employees will report to a workplace instead of teleworking."
The twisted irony of the DOC policy, which is being adopted by many public and private actors, is that they are leveraging a mandate of an experimental device with the force of a mask mandate, which in itself, must remain optional because it was approved by the FDA last year under an Emergency Use Authorization. As I warned, once we acceded to mask mandates without strong legal and political counteractions, we paved the road for the ruling class to violate the EUA conditions for vaccination as well.
Health privacy, respect for disabilities, and equal treatment used to be sacrilege for liberals. Title III of the ADA, which states, "Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment," has been used zealously against businesses who ever tried to discriminate based on health states.
In this case, with everyone who wants to be vaccinated having had that protection for months, it is irrational to force it upon those who don't want it. In a 1990 AIDS discrimination case, a district court ruled [740 f supp 95 (D.P.R 1990)] that denial of a special permit to an AIDS Center based on "irrational unfounded fears" was improper.
As it stands today, there is no evidence masks work, there is no evidence vaccinated people are in danger from those not vaccinated (and if so, are somehow protected by masks), and that vaccines convey a greater degree of immunity than natural infection. Nor is there any rational legal basis for continuing to treat healthy people at this stage as if they have the virus for the rest of their lives.
Title III of the Civil Rights Act [ 28 CFR § 36.208] states clearly that "In determining whether an individual poses a direct threat to the health or safety of others, a public accommodation must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain." These factors include, "the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk."
Forcing every human being to either inject an experimental gene therapy in their body or wear a mask all day – regardless of their symptoms, whether they had the virus, and for how long – is absolutely unreasonable. It treats breathing as a privilege, not as a right. Moreover, the potential for injury at the hands of an unvaccinated person, by their own measure of the efficacy of the vaccines for those who got the shots, is zero.
Then again, we were never a nation of laws. We were always a nation of political will to enforce the laws we believed in. The question is if we still have any political will to stand for the most basic human rights.
In order to go maskless into business or church in Oregon, individuals must first present proof of COVID-19 vaccination
Oregon lifted the face mask mandate for people who have been fully vaccinated against COVID-19, but also implemented a stipulation that a business or church must require maskless entrants to show proof of their coronavirus vaccination. The business or house of worship must then review the vaccination card to ensure that it is authentic.
Last week, the Centers for Disease Control and Prevention announced that fully vaccinated Americans could go maskless outdoors and in most indoor settings. On Tuesday, the Oregon Health Authority updated its mask guidelines.
"All businesses, employers and faith institutions are required to continue to apply and enforce the mask, face covering and face shield guidance, and physical distancing requirements in state COVID-19 guidance to all individuals," the guidance states. The business, employer, and faith institution can allow individuals without face masks and not enforce social distancing if the institution has a "policy for checking for proof of vaccination status of individuals."
The organization must request "proof of vaccination status from each individual" and review each person's proof of vaccination before they are granted entry.
Fully vaccinated individuals in Oregon are still required to wear masks and observe physical distancing on public transportation, in schools, hospitals, clinics, homeless shelters, correctional facilities, and long-term care facilities.
In public settings where vaccination status is not checked, masks will still be required.Finally, businesses and… https://t.co/A2DAEfhBrO
— OR Health Authority (@OHAOregon) 1621367774.0
The decision to require proof of vaccination arrived after many people, including several cable TV talking heads, were frightened that the new CDC guidance on mask-wearing only by those who are not fully vaccinated was "throwing caution to the wind." Numerous people were concerned that those who were not vaccinated would take advantage of the honor system and simply not wear a mask and claim they are vaccinated against COVID-19.
Dr. Leana Wen, former head of Planned Parenthood and a CNN analyst, applauded the decision to require proof of vaccination, "Oregon has it right—honor system can't be trusted."
Meanwhile, independent journalist Jordan Schachtel said the authoritarian move hearkened back to the Nazis demanding identification from citizens at random stops or at checkpoints, "The Corona fascists are celebrating Oregon's rollout of their 'show me your papers' system."
The Corona fascists are celebrating Oregon's rollout of their "show me your papers" system. https://t.co/hHS5IQqu5K
— Jordan Schachtel (@JordanSchachtel) 1621528384.0
There are concerns about Oregon's new policy forcing businesses to have the responsibility to be the vaccination card police.
"We have serious concerns about the practicality of requiring business owners and workers to be the enforcer," Nathaniel Brown, a spokesman for Oregon Business and Industry, which represents companies like Nike, told the New York Times. "We are hearing from retailers and small businesses who are concerned about putting their frontline workers in a potentially untenable position when dealing with customers."
There are some who believe that the new guidance will entice people to obtain fake vaccination cards. There are also apprehensions about revealing health information to private businesses.
Charles Boyle, a spokesman for Gov. Kate Brown (D), was asked if there would be penalties for businesses that allowed maskless customers entry without verifying their vaccination status, and he responded, "In the past year state agencies have issued fines for businesses that are out of compliance with health and safety guidance."
OHA director Patrick Allen said, "Masks continue to save lives and protect people who are not vaccinated. However, last week's announcement from the CDC emphasizes the point that safe and effective vaccines are the very best way to protect people from getting and spreading COVID. That's why it's safer for life to look more like normal for people who are fully vaccinated. And why people who haven't had a chance to get vaccinated should do so as soon as they can."
Texas Gov. Greg Abbott and Florida Gov. Ron DeSantis, both Republicans, have banned government-mandated COVID-19 vaccine passports.
The new restrictions arrive at the same time that five counties in Oregon voted to leave the state and its left-leaning governance for a more conservative Idaho.
Vaccination bracelet inventor says his device tells the powers that be, 'I support the vaccine effort, I've been vaccinated, I'm safe to be around'
With newfangled vaccination bracelets now on the market, a standard question from public venue gatekeepers could end up being "May I see your ImmunaBand?" rather than "May I see your vaccine card?"
What are the details?
KSWB-TV ran a report last week on a bracelet that can offer proof that you've been vaccinated. It's called the ImmunaBand, and it comes from Dr. Toshof Bernton of Denver, who said the invention was actually his son's idea from several months ago.
Image source: KSWB-TV video screenshot
"If we had something where you can say, 'OK, I support the vaccine effort, I've been vaccinated, I'm safe to be around,' it would help us particularly as we start opening up," Bernton told the station.
Image source: KSWB-TV video screenshot
The ImmunaBand has been for sale for about a month, and KSWB said thousands of the $19.99 bracelets have sold already.
Bernton said the ImmunaBand — which he believes is the first of its kind on the market — stores vaccine records so wearers don't have to carry around their vaccine cards.
How does it work?
Once you've purchased the bracelet, you send a copy of your vaccine card to the ImmunaBand company, which loads your record into its encrypted website, the station said. After that, the bracelet comes in the mail with a QR code affixed to it, KSWB said.
The station said that if officials want to verify that you've been vaccinated, they pull out their cellphones, take an image of the QR code, and then they can see your vaccine record.
Image source: KSWB-TV video screenshot
Bernton noted to the station that if your ImmunaBand is stolen, the thief can get to the website but not to your vaccine record unless your PIN is known.
One of Bernton's customers sent him a photo of himself wearing an ImmunaBand at a New York Knicks game at Madison Square Garden, KSWB said, and the customer said he was allowed into the venue after an employee at the gate pulled up the website through the QR code.
Image source: KSWB-TV video screenshot
Madison Square Garden's policy says that "guests can now enter with proof of a negative antigen COVID-19 test or full vaccination."
In March, New York Democratic Gov. Andrew Cuomo announced a pilot program for a COVID-19 electronic passport that allows users entry into public venues. TheBlaze reported last week that a growing number of NBA and MLB franchises will be asking for "vaccine passports" as they reopen their venues.
What has been the reaction?
Bernton also told the station that a lot of companies in the travel and hospitality industries are buying his vaccination bracelets for their employees. KSWB spoke to outdoor restaurant patrons in the Little Italy section of San Diego regarding the new ImmunaBand and received mixed reactions to the invention.
"It's a little too much," one woman told the station.
But another patron, Keshaun Slaughter, told KSWB that the vaccination bracelet is "actually [a] pretty good" idea since "a lot of people have their doubts about going in certain areas and certain places, so if there's actually people with QR codes on wristbands, it will make it a lot easier for people to be comfortable."
Coronavirus 'vaccine passports' offer 'freedom,' 'mobility,' access to 'certain jobs' — and are inevitable, NYU medical ethics prof tells CNN
Coronavirus "vaccine passports" are coming to America, a New York University medical ethics professor told CNN Sunday.
But not to worry: Arthur Caplan told Fareed Zakaria that bearers of such documents will "gain freedom," "gain mobility," and will have access to "certain jobs."
May I see your papers?
As if to prime the pump, Zakaria's segment began with the notorious "May I see your papers?" scene from "Casablanca":
Image source: YouTube screenshot
The host even narrated over the clip, saying the "demand to produce personal documents can be uncomfortable, but post-pandemic it's something we'll all likely have to get more and more comfortable with. We could be asked to show proof we've had the shots in order to get on an airplane, go to a concert, or go back to work."
With that, Zakaria asked Caplan why vaccine passports are "the future and we should be comfortable with it?"
What did Caplan have to say?
The professor replied that he's "sure that the future holds vaccine passports for us, partly to protect against the spread of COVID and it rebounding."
As for concerns about privacy of health data, Caplan said that "with a COVID certification, you're going to gain freedom, you're going to gain mobility, and I'm going to suggest that you're probably going to be able to get certain jobs," especially within close-quartered environments such as cruise ships.
He added that often the release of health information "threatens to harm you; in this case being vaccinated threatens to benefit you. It goes in the other direction."
After Zakaria brought up the "inevitable inequality" with respect to vaccine access and the reluctance of some people and communities to get vaccinated, Caplan had the following to say:
Vaccine passports or even vaccine requirements do depend on access. It's hard to impose anything unless you are pretty sure that somebody can get a vaccine. So I think it'll be a little while before we see this, let's say within the U.S. But there [are] going to be communities and areas of the country where it starts to make sense due to high availability of the vaccine to say, "You wanna come back to work in person? Gotta show me a vaccine certificate. You wanna go in a bar, a restaurant? Gotta show me a vaccine certificate." I think there will be some inequality in the U.S., but hopefully it will wash out quickly as the supplies increase very rapidly, and I think they're going to. It also gives you an incentive to overcome vaccine hesitancy. ... if you promise them more mobility, more ability to get a job, more ability to get travel, that's a very powerful incentive to actually achieve fuller vaccination.
Here's the interview:
On GPS: Are vaccine passports inevitable? | CNN Internationalyoutu.be