LA descends into strict mandated as the county has filed an ordinance requiring city employees to be vaccinated by October 5. The LA City Council voted 11-2 in favor of an additional ordinance requiring proof of full vaccination for patrons and workers starting Nov. 4.
“Vaccinating more Angelenos is our only way out of this pandemic, and we must do everything in our power to keep pushing those numbers up,” Mayor Eric Garcetti said in a statement. “These new rules will encourage more people to get the shot, and make businesses safer for workers and customers — so that we can save more lives.”
Negative coronavirus tests within 72 hours are required for all indoor activities. Failing to provide proof of vaccination status, still allows citizens to participate and consume products outside of the establishment in designated outdoor seating areas.
Health privacy is no longer an option, as the new LA ordinance defines the term “unvaccinated” as “employees who have not received any doses of COVID-19 vaccine or whose status is unknown.”
LA’s Vaccine Data
According to data from the County of Los Angeles Public Health, of the 8.8 million residents eligible:
- 79% have received at least one COVID-19 vaccine dose
- 71% are fully vaccinated
Of the 1.4 million seniors eligible:
- 93% have received at least one COVID-19 vaccine dose
- 84% are fully vaccinated
The LA Ordinance States
PROOF OF VACCINATION REQUIRED FOR A PATRON TO ENTER INDOOR PORTION OF A COVERED LOCATION
- Beginning on October 21, 2021, a Covered Location shall display prominently on its premises, visible to Patrons prior to entrance, an advisory notice informing Patrons that, beginning on November 4, 2021, Proof of Vaccination is required to enter any Indoor Portion of a Covered Location.
- Beginning on November 4, 2021, a Covered Location shall require each Patron to provide Proof of Vaccination upon entering an Indoor Portion of a Covered Location. A Covered Location shall require Proof of Vaccination upon the Patron’s first in-person interaction with staff. A Covered Location is required to cross-check Proof of Vaccination for each Patron who appears to be 18 years of age or older against Photo Identification. Subject to the exemptions below, a Patron shall not be permitted to enter an Indoor Portion of a Covered Location without Proof of Vaccination.
- A Patron may be exempt from the requirements of this section if they are entitled under any applicable law to a reasonable accommodation for a medical condition or restriction or a sincerely held religious belief, as follows.
- To be eligible for an exemption due to a medical condition or restriction, the Patron must provide the Covered Location with a self attestation that the Patron has a medical condition or restriction that qualifies the Patron for the exemption.
- To be eligible for an exemption due to a sincerely held religious belief, the Patron must provide the Covered Location with a self attestation that the Patron has a sincerely held religious belief that qualifies the Patron for the exemption.
- If a Covered Location determines a Patron has met the requirements of an exemption pursuant to this section because of a medical condition or restriction or sincerely held religious belief, the Covered Location shall require the Patron to use the portion of a Covered Location that is not an Indoor Portion. If such use is not available, the Patron may be permitted to enter an Indoor Portion of a Covered location by providing Proof of Negative COVID-19 Test and Photo Identification.
- To be eligible for an exemption due to a medical condition or restriction, the Patron must provide the Covered Location with a self attestation that the Patron has a medical condition or restriction that qualifies the Patron for the exemption.
- A Patron who does not provide Proof of Vaccination and who does not qualify for an exemption may use the portion of a Covered Location that is not an Indoor Portion.
- A Patron who does not provide Proof of Vaccination may be allowed to enter an Indoor Portion of a Covered Location for brief and limited periods of time to use the restroom, order, pick-up, or pay for food or drink “to go,” or perform necessary repairs, provided that the Patron wears a well-fitting mask at all times while in the Indoor Portion of the Covered Location.
- To the extent feasible, a Covered Location may offer service outside for a Patron who does not provide Proof of Vaccination, including curbside pickup, drive thru delivery, and outdoor seating and dining.
- This section does not apply to a Non-resident Performer, who enters a Covered Location for purposes of performing or competing.
- A Covered Location must develop and keep a written record describing the protocol for implementing and enforcing the requirements of this article.
Non-resident Performers are excerpt from the tyrannical oppression of LA County. Does this mean those who can produce financial profit for “covered locations” are immune to coronavirus and therefore need not abide by these outrageous physical requirements.
PROOF OF VACCINATION REQUIRED TO ENTER AN INDOOR PORTION OF A CITY FACILITY
- Beginning on October 21, 2021, a City Facility shall display prominently on its premises, visible to any persons upon entrance, an advisory notice that, beginning on November 4, 2021, Proof of Vaccination is required to enter any Indoor Portion of a City Facility.
- Beginning on November 4, 2021, an Individual Eligible for a COVID-19 Vaccine shall provide Proof of Vaccination upon entering an Indoor Portion of a City Facility. A City employee at a City Facility is required to cross-check Proof of Vaccination for each individual who appears to be 18 years of age or older against Photo Identification.
- An Individual Eligible for a COVID-19 Vaccine who does not provide Proof of Vaccination will be provided alternative arrangements for access to government services, to be determined on a case-by-case basis by each department, including, but not limited to, online or remote service, service outdoors, or providing Proof of Negative COVID-19 Test prior to entering any Indoor Portion of a City Facility.
- This section does not apply to any individual City employee or contractor covered by the COVID-19 Vaccination Requirement for all Current and Future City Employees, Los Angeles Administrative Code Section 4.700 et seq. This section does not apply to a Non-resident Performer who enters a City Facility for purposes of performing or competing.
COMPLIANCE
An operator of a Covered Location or Outdoor Large Event may be issued a Citation for violation of any provision of this article and shall be subject to the following fines:
- A warning and a notice to correct for a first violation;
- An administrative fine of $1,000 for a second violation;
- An administrative fine of $2,000 for a third violation;
- An administrative fine of $5,000 for a fourth and each subsequent
violation.
B. This section shall be enforced beginning on November 29, 2021.
Vaccination and Reporting Requirement
- To protect the City’s workforce and the public that it serves, all employees must be fully vaccinated for COVID-19, or request an exemption, and report their vaccination status in accordance with the City’s Workplace Safety Standards, no later than October 19, 2021.
- As of October 20, 2021, the COVID-19 vaccination and reporting requirements are conditions of City employment and a minimum requirement for all employees, unless approved for an exemption from the COVID-19 vaccination requirement as a reasonable accommodation for a medical condition or restriction or sincerely held religious beliefs. Any employee that has been approved for an exemption must still report their vaccination status.
Vacccination Requirements
- Employees must receive their first dose of a two-dose COVID-19 vaccine no later than September 7, 2021
- Employees must receive their second dose no later than October 5, 2021, of a two-dose COVID-19 vaccine series (Moderna or Pfizer-BioNTech).
- Employees must receive their single dose of a single-dose COVID- 19 vaccine (Johnson & Johnson/Janssen) no later than October 5, 2021.
- Requests for exemption from the COVID-19 vaccination must be submitted no later than September 7, 2021.
- Effective October 20, 2021, any new contract executed by the City shall include a clause requiring employees of the contractor and/or persons working on their behalf who interact with City employees, are assigned to work on City property for the provision of services, and/or come into contact with the public during the course of work on behalf of the City to be fully vaccinated.
Reporting Requirements
- The City shall continue to collect and regularly report employees’ vaccination status as long as such data is deemed necessary and useful. The City will collect data in accordance with the City’s Workplace Safety Standards.
- Booster shots for the COVID-19 vaccines may be required in accordance with guidance provided by the CDC, FDA, Los Angeles County Department of Public Health and/or any other medical entity that provides health and safety guidance.
- Employees will be required to report their COVID-19 booster status to the appointing authority should the City determine that COVID-19 boosters are required in conformity with being fully vaccinated.
- The Personnel Department will be responsible for maintaining COVID-19 booster status in accordance with the method outlined in subsection, above
Qualified Exemptions
- All current and future City employees shall have the right to petition for a medical or religious exemption to be evaluated on a case-by-case basis, consistent with City procedures for reasonable accommodation requests. Documentation prescribed by the City shall be required.
- Employees with medical conditions/restrictions or sincerely held religious beliefs, practices, or observances that prevent them from receiving a COVID-19 vaccine shall qualify for COVID-19 vaccine exemption, upon approval of documentation provided by the employee to the appointing authority or designee.
- Employees with medical or religious exemptions and who are required to regularly report to a City worksite shall be subject to weekly COVID- 19 tests. Testing will be provided to the employees at no cost during their work hours following a process and timeline determined by the City.
- Employees with medical or religious exemptions who are telecommuting or teleworking shall be subject to COVID-19 testing when they are asked to report to a worksite on an as-needed basis.
- The City’s goal is to have a vaccinated workforce. As such, employees will not have the option to “opt out” of getting vaccinated, or avoid weekly testing for all unvaccinated.
- Only those with a medical or religious exemption and who are required to regularly report to a work location are eligible for weekly testing.
Health Orders
- Nothing in this ordinance precludes the City from following any order issued by local, state, or county health officers regarding mask mandates or physical distancing. If any order the City has adopted is anticipated to change, the City shall alert labor organizations of the potential change at the earliest opportunity so as to begin impact bargaining over the potential change.
Masks and Physical Distancing
- Employees who are unvaccinated, partially vaccinated, or have an unreported status for any reason shall, in compliance with City standards and notwithstanding public policy guidelines, continue to wear masks and adhere to physical distancing protocols while present at any City worksite or facility or interacting with members of the public, except where it would be physically hazardous to do so due to the type of work performed.
- COVID-19 Vaccine Training. Beginning October 5, 2021, any Employee who is not fully vaccinated shall be required to complete an online vaccination training course administered by the Personnel Department. The City will continuously assess the need for such training.
Policy Status
- The CAO will monitor status reports and progress of reported vaccination statuses and discuss such information with labor organizations on an ad hoc basis to determine the progress and update the policy as necessary toward achieving the City’s goal of a fully vaccinated workforce. All data will be kept confidential, consistent with directions issued by the Personnel Department, outlined herein.
Limitations on Promotions, Transfers, and Appointments
- All candidates and applicants seeking initial City employment, promotions, or transfers, including regular appointments, emergency appointments, temporary appointments, intermittent appointments, limited appointments, exempt full-time and half-time and hiring hall employment, must meet the minimum qualification of being fully vaccinated or receive an exemption and report their vaccination status prior to the appointment, promotion, or transfer.
- All fully vaccinated employees that have reported their status to the appointing authority are eligible immediately for any promotion, or transfer.
- All employees whose vaccination status is unvaccinated, partially vaccinated, or unreported shall be ineligible to promote or transfer until the employee has reported to the appointing authority that they have been fully vaccinated.
Severability
- If any term or provision of this section is found to be in conflict with any City, State, or Federal law, the City will suspend said section as soon as practicable and the remainder of this Ordinance shall not be affected thereby.
Urgency Clause
- The City Council finds and declares that this ordinance is required for the immediate protection of the public peace, health, and safety for the following reasons: According to the Center for Disease Control, and the Los Angeles County Department of Public Health, COVID-19 continues to pose a significant public health risk, especially as cases surge with the highly infectious spread of the Delta variant. Vaccination is the most effective way to prevent transmission and limit COVID-19 hospitalizations and deaths. The City must provide a safe and healthy workplace, consistent with COVID-19 public health guidance and legal requirements, to protect its employees, contractors and the public as it reopens services and more employees return to the workplace. Unvaccinated employees are at a greater risk of contracting and spreading COVID-19 within the workplace, and risk transmission to the public that depends on City services. For all these reasons, the ordinance shall become effective upon publication pursuant to Los Angeles Charter Section 253
The notice, reads “On information and belief, LAFD and the Chiefs all know this process and the legal requirements of Skelly. Nevertheless, they intentionally or negligently ignore Claimants rights under collective bargaining and under Skelly, with the goal to intimidate, frighten, coerce and force Claimants into taking a Covid vaccine before the Oct 20 date, even though Oct 20, 2021 is not, and cannot be, a meaningful date of enforcement because of the collective bargaining process and Skelly hearing process—and the Chiefs know this.”
“On information and belief, pending discovery, the Chiefs’ conduct, and that of LAFD, can only have been intended to intimidate, frighten, coerce and force Claimants to receive a Covid shot before Oct 20.”
Read the entire LA County ordinance here
American Resistance
871 firefighters have already begun fighting back. Together, the firefighters filed a notice stating their intent to sue LA County over the strict ordinances against their American rights.
Another lawsuit was filed on behalf of a nonprofit known as the Firefighters 4 Freedom Foundation, an organization that launched last month to “stop the mandated vaccinations for all City employees as well as the citizens of this great country,” according to their website. The organization is representing the LAFD employees in the lawsuit, filed in L.A. County Superior Court.
“There were about 300 firefighters there, and I’d say well over 95% were ‘pro-choice.’ That’s the term they use. They don’t say ‘anti-vax,’” said LAFD Chief Ralph Terrazas,
Should scientists advise politicians to set mandates at the expense of the people, benefitting major pharmaceutical companies, while restricting the rights of the taxpayer?
Conclusion
As LA continues to restrict the rights of their citizens to form an scientific utopia, should it be up to the individual to decide what works best with their genome? Is the human body personal property, and if so why are Americans giving up their right to property, for the greater good?
JMBK.NEWS 