bookmark_borderLawsuit planned against MA flu shot mandate

A group of over 5,000 people are planning to file a lawsuit challenging Massachusetts’s new requirement that all children and teens get a flu vaccine in order to attend school. The group, called Flu You Baker, is gathering signatures for a class action lawsuit that it plans to file next month.

Governor Charlie Baker implemented the requirement in August in an attempt to combat the Covid-19 pandemic. According to the Department of Public Health website, everyone who will be going to a day care or school, from 6 months old to high school seniors, is required to get a flu shot, even if they are planning on attending school remotely. Additionally, college and grad school students under age 30 are required to get a flu shot if they are attending classes on campus.

Dr. Larry Madoff of the Department of Public Health explained: “It is more important now than ever to get a flu vaccine because flu symptoms are very similar to those of Covid-19 and preventing the flu will save lives and preserve health care resources.”

“I don’t believe in government overreach,” Vincent Delaney, and organizer of the lawsuit, said to NBC Boston. “I believe it should be between a parent, their child, and the doctor.”

Renee Viens, a mother who signed onto the lawsuit, told the station: “This should be a parental choice because this can become a very slippery slope. If people are forced to take the vaccine, then what’s next? Is it the Covid vaccine that’s going to be forced on us? I just don’t think this is good precedent to set.”

I support this lawsuit 100%. Just as the government does not have a right to take away people’s freedom of movement and association in order to prevent the medical system from being overwhelmed, it does not have the right to invade people’s bodies in order to prevent the medical system from being overwhelmed. Nor do people have the right to have the bodies of other people invaded in order to reduce their own risk of catching the flu. What is particularly disturbing about this flu shot requirement is that it applies to students attending private schools as well as public, and even more bizarrely, applies to students who will be learning online. Plus, this requirement is more onerous than the already existing requirement that public school students receive vaccines for hepatitis B, polio, measles, mumps, rubella, and chickenpox. Unlike these vaccines, which a person generally only needs to get once and then never needs to worry about again, the flu vaccine only lasts for a year, so students will need to get it every year. This is a significant quality of life issue and a clear case of government overreach. Like with any medical procedure, whether or not to get a flu shot should be an individual choice.

bookmark_borderCoronavirus vaccine should not be mandatory

When a vaccine for the coronavirus is eventually developed, it will be a huge benefit to those who want the protection and peace of mind that it brings. There will also almost certainly be a minority of people who – for one reason or another – would prefer not to receive the vaccine.

And there is absolutely nothing wrong with that.

That’s why it’s disturbing that Harvard Law School Professor Emeritus Alan Dershowitz said in an interview:

If a safe vaccine is to be developed for Covid-19, I hope it’s mandated, and I will defend it… Let me put it very clearly, you have no constitutional right to endanger the public and spread the disease, even if you disagree. You have no right not to be vaccinated, you have no right not to wear a mask, you have no right to open up your business… And if you refuse to be vaccinated, the state has the power to literally take you to a doctor’s office and plunge a needle into your arm.

Like most proponents of forcing people to undergo medial procedures against their will, Dershowitz points to the Supreme Court’s decision in Jacobson v. Massachusetts (1905), in which the court ruled that states may require people to be vaccinated if their boards of health deem it necessary for public health or safety. As World Net Daily puts it: “If any individual is allowed to act without regard to the welfare of others, true liberty does not exist, the court argued.”

I strongly disagree with this school of thought. Each person has a right to do anything he or she wishes, as long as those actions do not violate the rights of anyone else. What determines whether an action violates someone’s rights? One must compare the effect of the action on other people against the effect of banning the action on the person or people who wish to do the action.

In the case of vaccines, the question is: Which has a more direct impact on a person, having other people existing in the world who have not been vaccinated, or being forced to be vaccinated against one’s will?

As Dershowitz and the Jacobson court note, people are affected somewhat by the existence of other people who do not get vaccines. The percentage of people in a community who have or have not been vaccinated does affect each individual’s risk of catching a disease. People who are not able to get vaccines for medical reasons can catch illnesses from those who have chosen not to get the vaccine.

However, this impact is indirect. Actually getting sick has a large and direct impact on someone’s life, but a person who hasn’t gotten a vaccine does not cause anyone to become sick. The disease does. The presence of unvaccinated people merely affects a person’s risk of catching a disease; it does not cause a person to catch a disease.

On the other hand, being required to undergo a medical procedure such as vaccination affects a person directly. It involves a person’s skin being pierced by a needle and a substance being injected into his or her body.

A person’s right to make decisions about his/her own body outweighs any supposed right to make decisions about the bodies of other people in order to manage one’s own disease risk. In other words, the importance of being able to decide for oneself whether or not to get vaccines outweighs the importance of being able to decide whether or not the people around you get vaccines.

A country in which the government has the power to take someone to a doctor’s office and plunge a needle into their arm is a country without liberty in any meaningful sense of the word. To claim, as the Jacobson court did, that there is no true liberty without being able to control other people’s actions that might have an indirect impact on you, is ridiculous.

I would likely choose to get the coronavirus vaccine when it comes out. But it should be my choice.