5 21-0877 Subject: Proof Of Vaccination Emergency Ordinance
From: Councilmember Kalb
Recommendation: Adopt An Emergency Ordinance Adding Oakland Municipal Code Chapter 8.68 To Require Proof Of A Covid-19 Vaccination For Patrons At The Following Indoor Public Locations: (1) Establishments Or Events Where Food Or Drink Is Served Including Restaurants, Bars, Coffee Houses, Clubs, And Banquet Halls; (2) Entertainment Venues, Theaters, Concert Venues, Museums, And Recreation Facilities; (3) Gyms, Fitness Centers And Yoga Studios; (4) Senior Adult Care Facilities And City Senior Center Programs; (5) Dental Offices; (6) Public Libraries; (7) City Hall; And (8) Large Indoor Events At City And Privately-Owned Facilities
According to the CDC, the infection survival rate of COVID is 99.8% for the U.S. population as a whole, similar to a seasonal flu. There is not and has not been any emergency in connection with covid-19. Certainly nothing to be worth mandating an experimental medical procedure with high risk of side effects and death. For the risks, see the VAERS report, either https://openvaers.com/index.php or https://openvaers.com/covid-data. And according to several studies those numbers are likely to be 1% of the total adverse events and deaths.
At the end of 2021, the coronavirus is entering its third year marked by the advent of the Omicron variant and along with it yet another devastating surge. While the vaccines have not fully prevented the transmission of both the Delta and Omicron, they have prevented serious illness and death in people who have contracted these variants. For this reason, the vaccines are effective and vital to the public health effort.
Indeed, it is the very people who have not been vaccinated who are most at risk of contracting the COVID-19 and succumbing to the virus. Contrary to what the Oakland City Administrator wrote in his recommendation, it is NOT discriminatory to require proof of vaccination for people seeking entry to public and private establishments. However, it is discriminatory to NOT extend equal protections to all people who wish to survive the COVID-19 pandemic.
NUHW supports rigorous screening of hospital workers and the public in healthcare facilities as well as in public and private establishments. We also support vaccine mandates as the most effective way to not just limit the spread of COVID-19 but more importantly prevent severe illness and death.
We are living in unprecedented times that require rigorous measures to prevent the worst outcome of the pandemic. We are all at risk everywhere and every effort must be made to protect the well-being of all people including the people of Oakland.
I oppose this proposed ordinance. Requiring proof of Covid-19 vaccination for Oakland inhabitants is a violation of both the State and Federal Constitutions and the Bill of Rights. No Emergency Use Authorization (EUA) can take away our inalienable rights. 1,531 Covid-19 deaths in all of Alameda County, population of 1,680,480, does not constitute either a pandemic or an emergency. Many more deaths occurred from combined cancer, stroke, heart disease and accidents (4,167) but no one is addressing the reasons for these deaths such as poor nutrition, low vitamin D status, and denied access to reasonable and timely outpatient health care options (including off-patent medicines that have saved lives in countries where they are used). C-19 shots have the worst safety record of any previous vaccination. Please look at the data here, https://openvaers.com/covid-data, a passive CDC reporting system, which is said to represent a mere fraction of true numbers. A recent study shows post shot, young people have a significantly higher rate of myocarditis. Pfizer's own data reveals severe reproductive health outcomes post jab, including spontaneous abortion and infertility. A. Fauci has admitted (as have Big Pharma) that these shots prevent neither infection or transmission. Those with all shots including 2 boosters have had a higher incidences of infection from Covid than the unjabbed (see Israel data where the rate of vaxxed is quite high and only Pfizer shots were used).
I urge you NOT to pass any ordinances that will discriminate against members of our community based on medical decisions. The most valid point against this mandate is the fact that vaccinated individuals can get and spread the virus, so it makes absolutely no sense to bar entry to other individuals who also may or may not have the virus. Please just urge individuals to stay home if they're experiencing symptoms and continue to wash their hands. Let's use some common sense here.
Our family and extended family vehemently oppose this proposed ordinance. Vaccine manufacturers admit the vaccines do not stop transmission of the virus so why try to create division??
Berkeley and San Francisco have bought into (sold out to?) discrimination, disenfranchisement, division, and coercion with their mandates. Now this proposed ordinance takes it even further: dental offices? public libraries? City Hall? Really? We don't need our City Council to enact and enforce nonsensical policies to keep people "safe," as the other commenters have articulated so clearly. We need you to get a grip, and support our community's rights to informed consent, equal access to taxpayer-funded services, and civic participation. Please just vote no.
As a long-time Oaklander and resident for 60+ years I see fascism and an overreaching power-grab in this move. Discrimination harassment of this nature is not needed nor required. The measures used to remind the public to stay home if ill, wear a mask indoors, social distancing, managing your own health via the freedom against your own health status should not be thrown aside. We have many people in Oakland vaccinated and/or survived from COVID. Combining the vaccinated with those who have had COVID and survived (credited immunity) is high. Immunity both ways must be taken into account. Your move is approaching what the Klan did to my fellow black citizens in the South for decades, what Hitler did to my fellow Jewish brethren in the 1930s-40s, and what every racist, hateful, bigot would love to do to those they despise. Your move is dividing, not UNITING. Stop pushing fear - how about science and love combined for the few who have not recovered from COVID or are vaccinated? Maybe they have a right to what is injected into their body? Or, is Oakland now forcing the injection of people like was done in America and Europe in the twentieth century under the guise of 'health', but actually was a form of "sterilization of the unwanted". Black Americans were targeted then and this legislation/ordinance targets all peoples, but especially blacks.
Knowing that many in the African-American community oppose this medical coercion, you will be alienating many of your community members and giving them an unwelcome flashback to segregated times. Give the people of Oakland the sense that they can take care of themselves and their health and know when to stay home if they are feeling ill. Encourage HEALTH and wellbeing and community, not fear and coercion. Don't stoop to infantilizing your community as Berkeley and SF have done.
Removing comments by so many citizens that clearly oppose this proposed ordinance only reinforces the fact that THIS IS NOT ABOUT SAFETY OR HEALTH. It is about CONTROL, SEGREGATION and MEDICAL DISCRIMINATION.
The question becomes -- WHY are we being censored? WHY are our voices being silenced? Trying to silence us by deleting our comments is like trying to put out a fire with gasoline; the exact opposite occurs.
Councilmember Kalb -- as a steward of the citizens and residents of Oakland California, whom we elected to SERVE US and our best interests, I (and clearly many other concerned Oaklanders) VEHEMENTLY OPPOSE this highly discriminatory ordinance that violates basic human rights, The Nuremburg Code of Medical Ethics, and is absolute COERCION.
COERCION IS NOT CONSENT. Where there is RISK, there must be a choice. These injections carry RISKS. They do not confer immunity. They do not prevent transmission. Sars-CoV-2 has a 99.7% survival rate. There is no state of emergency. This ordinance is about control and compliance and is an outrageous overreach by yet another government official who's agenda is blindingly clear.
This ordinance would deny thousands of people fundamental rights and freedoms, and the ability to participate in society simply because they have chosen to decline an experimental injection until more safety data are available.
Thank you for choosing INCLUSION over DISCRIMINATION.
Thank you for holding up your civic duty to serve the citizens of Oakland.
Jim Crow all over again. Please allow people the choice to rely on their own robust immune system OR take a shot that does not prevent transmission, illness or death, but does have dangerous side effects.
Please vote no on this proposed mandate. It is discriminatory, unconstitutional and the council does not have the authority to implement it. In addition, in your roles, is each council member prepared to accept personal liability for adverse events resulting from this mandate? Instead, educate Oakland residents and allow them to make the best medical decisions for their individual situations. If we wanted to live in China with all of its restrictions and social credit systems, we would - but we choose to live in Oakland, where diverse thoughts and understanding differences are supposedly welcomed. Please vote no.
As public servants you all have taken an oath to uphold the constitution. We have the right to informed consent. This proposal takes that right away and each of you can be held personally liable, especially if there are adverse reactions. Dan, as a Jew, you must be aware of the history of discrimination and restrictions that Jews have experienced throughout history, and the consequential violence that such prejudice creates. Why would you choose to step into those same shoes.
i oppose this ordinance and my concerns are largely represented in the second report from city administration. i'm extremely concerned about restricting access to invaluable public services such as libraries, about requiring identification, about the realities of enforcement, and about the disenfranchisement of some of our most vulnerable and marginalized community members. any resources that would be required for this effort would be better spent supplying free kn95 masks and test kits.
This proposed ordinance is a bad idea in many ways. Even vaccine manufacturers have never claimed that the vaccine reduces the odds of the vaccinated transmitting the virus or even of being infected, only that it reduces the chances of serious disease or death. Based upon false assumptions the city government will pursue policies which will have numerous impacts upon people’s rights and health, with a particular burden placed upon the poor, working poor and communities of color and immigrants, groups which have the lowest vaccination rates. The mandates impact the cited communities in some critical areas, namely city services (offices, public libraries) and access to dental offices. Access to city services is essential if all residents are to be able to fully exercise their rights and indeed even their civic obligations. And dental offices are not remotely discretionary destinations like clubs and restaurants, dental care is an essential aspect of overall medical care. Such mandates amount to discrimination, and do little to promote public health, a point made by this pro-vaccination website. https://www.outlookindia.com/website/story/opinion-vaccine-mandates-harm-long-term-public-health/394359
It makes little sense for a government which purports to represent the citizenry to be completely blind to the the trends as to what this citizenry thinks about vital issues and expose the City of Oakland to endless litigation. Please vote no on the measure.
In the United States of America “We the People” have the Declaration of Independence, the Constitution and the Bill of Rights. These documents enshrine our freedoms and limit the governments ability to rule over us. We allow you to govern, but not rule us. The constitution states that anything that is repugnant to the constitution is illegal.
I’m not surprised the comments were removed. You don’t want our opinions, you want rule by fiat. Dictators rule by fiat when they bellow "Let it be done - because I say so!" This kind of fiat ignores listening, refuses to respect others, and forces inhuman solutions, just as you are trying to do here with this illegal ordinance. When you pass this, as I believe you will (since I’ve never seen you do anything "We the People" ask), you can expect a complaint against the council and potential misconduct against Councilmember Dan Kalb, which will most likely escalate to formal legal action.
If any one of you has any doubts at all about this proposal, I beg of you to pay attention to those doubts. You may feel uncomfortable voicing them, but know that by speaking up, you enable others to also speak up, or at least give voice to the voiceless.
I ask you, in your heart, do you believe that this mandate will increase the vaccination rate in Oakland? Is it possible that those who are not vaccinated a year in are not on the fence, but are certain that they have made the right decision? If they were coerced to get vaccinated and became injured, psychologically or physically, would you not be morally, if not legally, responsible?
You might know someone, as I do, who has been seriously injured by the vaccine, or you might have a friend or family member who is afraid of taking the vaccine but is afraid to speak up. You might suspect that what we are being told is not enough - maybe these shots do pose a real risk. You might suspect that implementing this ordinance might be discriminatory or unconstitutional.
I understand that you are trying to do the right thing, but separating society into those who are allowed to participate and those who are not, based on their beliefs, has echoes of an unsavory past. I am asking you, PLEASE do not stay silent. Speak up - for those in our community whose beliefs may be unpopular, for your children, who may someday hold unpopular beliefs, and for Oakland, that we may be an example of a city that values freedom.
You're denying people medical care (dental offices) based on vaccination status, when it is quite obvious by now that these "vaccines" are not only not working, but causing permanent physical damage? What about those who have medical exemptions? Should they be forced to get a shot when they are risking serious medical complications or death? This isn't about health, it's about control. Every single person who's enforcing these mandates is participating in mass segregation and genocide, period.
What a great way to continue the assault on small businesses in the city of Oakland. It would be much more honorable if the city of Oakland leader ship stood up for female-owned, minority–owned, locally-owned small businesses who have been reeling under two years of CA anti-business measures. With these new restrictions the level of small proprietor ships remaining in the city will continue to decline, face major losses in revenue, and likely close permanently.
What a massively inappropriate, discriminatory measure for a city with such a diverse history and population.
Why are you censoring comments?
I am writing to urge you to vote not on the proof of vaccination ordinance that will be up for a vote on 12/21. This ordinance is discriminatory and will exclude our most vulnerable city of Oakland residents from gaining access to things that matter to them and to activities which promote health and wellness. It is unjust to require people to "show their papers" in a city that proclaims itself to be forward thinking and inclusive of varied lived experiences especially when the CDC has reported that vaccines do not prevent infection or spread.
In the midst of the lockdowns and mandates, the city of Oakland crime and poverty have skyrocketed. This mass formation to push for lockdowns has hurt our economy. Just drive down any given street in our city and you will see the boarded up empty storefronts and increased graffiti and trash. This ordinance will only hurt remaining businesses that are struggling to survive. I urge to to vote no on this discriminatory ordinance.
According to the CDC, the infection survival rate of COVID is 99.8% for the U.S. population as a whole, similar to a seasonal flu. There is not and has not been any emergency in connection with covid-19. Certainly nothing to be worth mandating an experimental medical procedure with high risk of side effects and death. For the risks, see the VAERS report, either https://openvaers.com/index.php or https://openvaers.com/covid-data. And according to several studies those numbers are likely to be 1% of the total adverse events and deaths.
At the end of 2021, the coronavirus is entering its third year marked by the advent of the Omicron variant and along with it yet another devastating surge. While the vaccines have not fully prevented the transmission of both the Delta and Omicron, they have prevented serious illness and death in people who have contracted these variants. For this reason, the vaccines are effective and vital to the public health effort.
Indeed, it is the very people who have not been vaccinated who are most at risk of contracting the COVID-19 and succumbing to the virus. Contrary to what the Oakland City Administrator wrote in his recommendation, it is NOT discriminatory to require proof of vaccination for people seeking entry to public and private establishments. However, it is discriminatory to NOT extend equal protections to all people who wish to survive the COVID-19 pandemic.
NUHW supports rigorous screening of hospital workers and the public in healthcare facilities as well as in public and private establishments. We also support vaccine mandates as the most effective way to not just limit the spread of COVID-19 but more importantly prevent severe illness and death.
We are living in unprecedented times that require rigorous measures to prevent the worst outcome of the pandemic. We are all at risk everywhere and every effort must be made to protect the well-being of all people including the people of Oakland.
We urge you to support this emergency ordinance.
I oppose this proposed ordinance. Requiring proof of Covid-19 vaccination for Oakland inhabitants is a violation of both the State and Federal Constitutions and the Bill of Rights. No Emergency Use Authorization (EUA) can take away our inalienable rights. 1,531 Covid-19 deaths in all of Alameda County, population of 1,680,480, does not constitute either a pandemic or an emergency. Many more deaths occurred from combined cancer, stroke, heart disease and accidents (4,167) but no one is addressing the reasons for these deaths such as poor nutrition, low vitamin D status, and denied access to reasonable and timely outpatient health care options (including off-patent medicines that have saved lives in countries where they are used). C-19 shots have the worst safety record of any previous vaccination. Please look at the data here, https://openvaers.com/covid-data, a passive CDC reporting system, which is said to represent a mere fraction of true numbers. A recent study shows post shot, young people have a significantly higher rate of myocarditis. Pfizer's own data reveals severe reproductive health outcomes post jab, including spontaneous abortion and infertility. A. Fauci has admitted (as have Big Pharma) that these shots prevent neither infection or transmission. Those with all shots including 2 boosters have had a higher incidences of infection from Covid than the unjabbed (see Israel data where the rate of vaxxed is quite high and only Pfizer shots were used).
I urge you NOT to pass any ordinances that will discriminate against members of our community based on medical decisions. The most valid point against this mandate is the fact that vaccinated individuals can get and spread the virus, so it makes absolutely no sense to bar entry to other individuals who also may or may not have the virus. Please just urge individuals to stay home if they're experiencing symptoms and continue to wash their hands. Let's use some common sense here.
Our family and extended family vehemently oppose this proposed ordinance. Vaccine manufacturers admit the vaccines do not stop transmission of the virus so why try to create division??
Berkeley and San Francisco have bought into (sold out to?) discrimination, disenfranchisement, division, and coercion with their mandates. Now this proposed ordinance takes it even further: dental offices? public libraries? City Hall? Really? We don't need our City Council to enact and enforce nonsensical policies to keep people "safe," as the other commenters have articulated so clearly. We need you to get a grip, and support our community's rights to informed consent, equal access to taxpayer-funded services, and civic participation. Please just vote no.
As a long-time Oaklander and resident for 60+ years I see fascism and an overreaching power-grab in this move. Discrimination harassment of this nature is not needed nor required. The measures used to remind the public to stay home if ill, wear a mask indoors, social distancing, managing your own health via the freedom against your own health status should not be thrown aside. We have many people in Oakland vaccinated and/or survived from COVID. Combining the vaccinated with those who have had COVID and survived (credited immunity) is high. Immunity both ways must be taken into account. Your move is approaching what the Klan did to my fellow black citizens in the South for decades, what Hitler did to my fellow Jewish brethren in the 1930s-40s, and what every racist, hateful, bigot would love to do to those they despise. Your move is dividing, not UNITING. Stop pushing fear - how about science and love combined for the few who have not recovered from COVID or are vaccinated? Maybe they have a right to what is injected into their body? Or, is Oakland now forcing the injection of people like was done in America and Europe in the twentieth century under the guise of 'health', but actually was a form of "sterilization of the unwanted". Black Americans were targeted then and this legislation/ordinance targets all peoples, but especially blacks.
Knowing that many in the African-American community oppose this medical coercion, you will be alienating many of your community members and giving them an unwelcome flashback to segregated times. Give the people of Oakland the sense that they can take care of themselves and their health and know when to stay home if they are feeling ill. Encourage HEALTH and wellbeing and community, not fear and coercion. Don't stoop to infantilizing your community as Berkeley and SF have done.
Removing comments by so many citizens that clearly oppose this proposed ordinance only reinforces the fact that THIS IS NOT ABOUT SAFETY OR HEALTH. It is about CONTROL, SEGREGATION and MEDICAL DISCRIMINATION.
The question becomes -- WHY are we being censored? WHY are our voices being silenced? Trying to silence us by deleting our comments is like trying to put out a fire with gasoline; the exact opposite occurs.
Councilmember Kalb -- as a steward of the citizens and residents of Oakland California, whom we elected to SERVE US and our best interests, I (and clearly many other concerned Oaklanders) VEHEMENTLY OPPOSE this highly discriminatory ordinance that violates basic human rights, The Nuremburg Code of Medical Ethics, and is absolute COERCION.
COERCION IS NOT CONSENT. Where there is RISK, there must be a choice. These injections carry RISKS. They do not confer immunity. They do not prevent transmission. Sars-CoV-2 has a 99.7% survival rate. There is no state of emergency. This ordinance is about control and compliance and is an outrageous overreach by yet another government official who's agenda is blindingly clear.
This ordinance would deny thousands of people fundamental rights and freedoms, and the ability to participate in society simply because they have chosen to decline an experimental injection until more safety data are available.
Thank you for choosing INCLUSION over DISCRIMINATION.
Thank you for holding up your civic duty to serve the citizens of Oakland.
Jim Crow all over again. Please allow people the choice to rely on their own robust immune system OR take a shot that does not prevent transmission, illness or death, but does have dangerous side effects.
Please vote no on this proposed mandate. It is discriminatory, unconstitutional and the council does not have the authority to implement it. In addition, in your roles, is each council member prepared to accept personal liability for adverse events resulting from this mandate? Instead, educate Oakland residents and allow them to make the best medical decisions for their individual situations. If we wanted to live in China with all of its restrictions and social credit systems, we would - but we choose to live in Oakland, where diverse thoughts and understanding differences are supposedly welcomed. Please vote no.
As public servants you all have taken an oath to uphold the constitution. We have the right to informed consent. This proposal takes that right away and each of you can be held personally liable, especially if there are adverse reactions. Dan, as a Jew, you must be aware of the history of discrimination and restrictions that Jews have experienced throughout history, and the consequential violence that such prejudice creates. Why would you choose to step into those same shoes.
i oppose this ordinance and my concerns are largely represented in the second report from city administration. i'm extremely concerned about restricting access to invaluable public services such as libraries, about requiring identification, about the realities of enforcement, and about the disenfranchisement of some of our most vulnerable and marginalized community members. any resources that would be required for this effort would be better spent supplying free kn95 masks and test kits.
This proposed ordinance is a bad idea in many ways. Even vaccine manufacturers have never claimed that the vaccine reduces the odds of the vaccinated transmitting the virus or even of being infected, only that it reduces the chances of serious disease or death. Based upon false assumptions the city government will pursue policies which will have numerous impacts upon people’s rights and health, with a particular burden placed upon the poor, working poor and communities of color and immigrants, groups which have the lowest vaccination rates. The mandates impact the cited communities in some critical areas, namely city services (offices, public libraries) and access to dental offices. Access to city services is essential if all residents are to be able to fully exercise their rights and indeed even their civic obligations. And dental offices are not remotely discretionary destinations like clubs and restaurants, dental care is an essential aspect of overall medical care. Such mandates amount to discrimination, and do little to promote public health, a point made by this pro-vaccination website. https://www.outlookindia.com/website/story/opinion-vaccine-mandates-harm-long-term-public-health/394359
It makes little sense for a government which purports to represent the citizenry to be completely blind to the the trends as to what this citizenry thinks about vital issues and expose the City of Oakland to endless litigation. Please vote no on the measure.
In the United States of America “We the People” have the Declaration of Independence, the Constitution and the Bill of Rights. These documents enshrine our freedoms and limit the governments ability to rule over us. We allow you to govern, but not rule us. The constitution states that anything that is repugnant to the constitution is illegal.
I’m not surprised the comments were removed. You don’t want our opinions, you want rule by fiat. Dictators rule by fiat when they bellow "Let it be done - because I say so!" This kind of fiat ignores listening, refuses to respect others, and forces inhuman solutions, just as you are trying to do here with this illegal ordinance. When you pass this, as I believe you will (since I’ve never seen you do anything "We the People" ask), you can expect a complaint against the council and potential misconduct against Councilmember Dan Kalb, which will most likely escalate to formal legal action.
If any one of you has any doubts at all about this proposal, I beg of you to pay attention to those doubts. You may feel uncomfortable voicing them, but know that by speaking up, you enable others to also speak up, or at least give voice to the voiceless.
I ask you, in your heart, do you believe that this mandate will increase the vaccination rate in Oakland? Is it possible that those who are not vaccinated a year in are not on the fence, but are certain that they have made the right decision? If they were coerced to get vaccinated and became injured, psychologically or physically, would you not be morally, if not legally, responsible?
You might know someone, as I do, who has been seriously injured by the vaccine, or you might have a friend or family member who is afraid of taking the vaccine but is afraid to speak up. You might suspect that what we are being told is not enough - maybe these shots do pose a real risk. You might suspect that implementing this ordinance might be discriminatory or unconstitutional.
I understand that you are trying to do the right thing, but separating society into those who are allowed to participate and those who are not, based on their beliefs, has echoes of an unsavory past. I am asking you, PLEASE do not stay silent. Speak up - for those in our community whose beliefs may be unpopular, for your children, who may someday hold unpopular beliefs, and for Oakland, that we may be an example of a city that values freedom.
Why is mask wearing but enough? Have you heard of what Hitler did to the Jews? Are you knowingly or unknowingly repeating that history?
You're denying people medical care (dental offices) based on vaccination status, when it is quite obvious by now that these "vaccines" are not only not working, but causing permanent physical damage? What about those who have medical exemptions? Should they be forced to get a shot when they are risking serious medical complications or death? This isn't about health, it's about control. Every single person who's enforcing these mandates is participating in mass segregation and genocide, period.
What a great way to continue the assault on small businesses in the city of Oakland. It would be much more honorable if the city of Oakland leader ship stood up for female-owned, minority–owned, locally-owned small businesses who have been reeling under two years of CA anti-business measures. With these new restrictions the level of small proprietor ships remaining in the city will continue to decline, face major losses in revenue, and likely close permanently.
What a massively inappropriate, discriminatory measure for a city with such a diverse history and population.
Why are you censoring comments?
I am writing to urge you to vote not on the proof of vaccination ordinance that will be up for a vote on 12/21. This ordinance is discriminatory and will exclude our most vulnerable city of Oakland residents from gaining access to things that matter to them and to activities which promote health and wellness. It is unjust to require people to "show their papers" in a city that proclaims itself to be forward thinking and inclusive of varied lived experiences especially when the CDC has reported that vaccines do not prevent infection or spread.
In the midst of the lockdowns and mandates, the city of Oakland crime and poverty have skyrocketed. This mass formation to push for lockdowns has hurt our economy. Just drive down any given street in our city and you will see the boarded up empty storefronts and increased graffiti and trash. This ordinance will only hurt remaining businesses that are struggling to survive. I urge to to vote no on this discriminatory ordinance.