G1 - Yamhill County, Oregon

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I5IN THE BOARD OF COMMISSIONERS OF THE STATE OF OREGONFOR THE COUNTY OF YAMHILLSITTING FOR THE TRANSACTION OF COUNTY BUSINESSIn the Matter of the Adoption of an OrdinanceProhibiting the Yamhill County Commission or anyYamhill County Board, Agency, Department, PoliticalSubdivision Agent or Assigns from producing and/orissuing a COVID-19 “Vaccine Passport” or Requiring onefor any purpose or from Providing information of anIndividual’s COVID-19 Vaccine Status to Anyone or toAny Entity for Inclusion in a COVID-19“Vaccine Passport” Program.)))))))))ORDINANCETHE BOARD OF COMMISSIONERS OF YAMHILL COUNTY, OREGON (“the Board”) satfor the transaction of county business in combined informal/formal session on , 2021, at10 a.m. in a virtual meeting via Zoom. Commissioners, Mary Starrett, Lindsay Berschauer andCasey Kulla being present.THE DULY-ELECTED BOARD OF COUNTY COMMISSIONERS OF YAMHILL COUNTYOREGON FIND AND DECLARE:WHEREAS, an individual’s COVID-19 vaccination status and records are protected healthinformation which should not be shared by mandate; andWHEREAS, COVID-19 “vaccine passports” reduce individual freedom and will harm patientprivacy; andWHEREAS, no government or business entity should compel disclosure of protected healthinformation by mandating a “vaccine passport” for COVID-19 or by otherwise conditioningreceipt of services on an individual’s COVID-19 vaccination status; andWHEREAS, requiring “COVID-19 passports” for taking part in everyday life- such as foremployment, attending school or sporting event, patronizing a restaurant, or going to a movietheater- would create two classes of citizens based on vaccination; andWHEREAS, Jim Crow laws and regulations institutionalized segregation, discrimination andeconomic, educational, and social disadvantages for African Americans; andWHEREAS, Jim Crows laws were upheld in 1896 in the case of Plessy vs. Ferguson, in whichthe U.S. Supreme Court laid out its “separate but equal” legal doctrine for facilities thatsegregated and discriminated against African Americans; andORDINANCE - Board Procedures OrdinancePage 1

WHEREAS, in 1954, the U.S. Supreme Court declared segregation of public schoolsunconstitutional in the landmark case Brown v. Board of Education. Generally, the remainingJim Crow laws were overruled by the Civil Rights Act of 1964 and the Voting Rights Act of1965; andWHEREAS, COVID-19 “vaccine passports” and segregation and discrimination based on anindividual’s COVID-19 vaccination status create the conditions of a new Jim Crow 2.0; andWHEREAS, the crimes of World War II led to the establishment of the Nuremberg Code, whichlays out requirements for medical experimentation on human subjects. The most importantprovision of the code being, voluntary consent of the human subject is absolutely Nuremberg Code) ; andWHEREAS, the right to bodily integrity and self-ownership of one’s body is globally recognizedas inalienable and protected human rights. To preserve bodily integrity, all medical interventions,including vaccination, must be made with full informed consent and without conditions ofcoercion, including the restriction of free movement through and participation in normal society;andWHEREAS, Oregon law does not require Oregonians receive a COVID-19 vaccine and it is apersonal choice and where some Oregonians because of their age, medical condition, religious orphilosophical objection are unable to receive a vaccine; andWHEREAS, the U.S. Food and Drug Administration (FDA) has granted Emergency UseAuthorization (EUA) for COVID-19 vaccines that are not yet FDA licensed, pursuant to theProject BioShield Act of 2004, 21 U.S.C. (&) 360bbb-3; andWHEREAS, the federal statue expressly recognizes that each individual has “the option toaccept or refuse administration of the product” under an Emergency Use Authorization (EUA),21 U.S.C. 360bbb-3 (1)(A)(ii)(111); andWHEREAS, the U.S. Supreme Court ruled vaccines “unavoidably unsafe” in Bruesewitz v.Wyeth LLC (2011); andWHEREAS, all COVID-19 vaccine manufacturers, and the entire chain from productiondistribution to administration, have been granted immunity from liability for adverse events; andWHEREAS, COVID-19 vaccines use new platform technology, such as mRNA andnanotechnology, making them both innately experimental and significantly divergent from anyprevious vaccines which necessitates extensive gold standard safety studies, which have not yetbegun; andWHEREAS, COVID-19 “vaccine passports” are being developed primarily as digitalvaccination records which are inherently vulnerable to privacy breaches, manipulation andORDINANCE - Board Procedures OrdinancePage 2

integration into a digital tracking system- like blockchain – that enrolls the participant, with orwithout consent into a “do to do” system for one’s participation in society. A “do to do” systemdictates that one must “do” something (such as receive a COVID-19 vaccine) in order to be ableto “do” another thing (such as have a job or access to food in a grocery store) and is the nestgeneration of a “show me your papers” totalitarian technocratic regime; andWHEREAS, it is discriminatory, coercive and a violation of inalienable human and civil rightsfor either the government or the private sector to require that an individual show proof ofvaccination to participate in normal society; andWHEREAS, some states are exploring the creation of COVID-19 “vaccine passports” and NewYork is promoting a software program that will facilitate the exclusion of Americans who havenot received a COVID-19 vaccine from receiving services and fully participating in public life;andWHEREAS, the Board has serious concerns that implementing COVID-19 “vaccine passports”will violate Yamhill County residents’ medical privacy rights, prejudice those who have not beenvaccinated, and cause division among our populace; andWHEREAS, it is contrary to the core values and principles of this Board, of the U.S.Constitution, the Bill of Rights and the global body of human rights doctrines to mandate theCOVID-19 vaccine or issue COVID-19 “vaccine passports”; andWHEREAS, it is necessary to prohibit discrimination against individuals who have not beenvaccinated against COVID-19; andWHEREAS, it is necessary to protect the fundamental rights and privacies of Yamhill Countyresidents and the free flow of commerce within the county.THE YAMHILL COUNTY BOARD OF COMMISSIONERS ORDAINS AS FOLLOWS:1.No Yamhill County board, agency, department, political subdivision, agent orassigns, shall:a. Require as condition for accessing state services or facilities that an individualproduce proof that he or she has received a Covid-19 vaccine;b. Produce and issue a COVID-19 “vaccine passport” for the purpose of certifyingthat an individual has received a COVID-19 vaccine; orc. Provide information of an individual’s COVID-19 vaccine status to any personcompany, or government entity for inclusion in a COVID-19 “vaccine passport”program.ORDINANCE - Board Procedures OrdinancePage 3

2.Businesses in Yamhill County are prohibited from requiring patrons or customers toprovide any documentation certifying COVID-19 vaccination or post-transmissionrecovery to gain access to, entry upon, or service from the business.3.Public and private business entities are prohibited from basing employment onrequiring proof of COVID-19 vaccination status or making employment decisionsbased on such vaccination status.4.All county agencies shall work to ensure businesses comply with this order.5.All businesses must comply with this order to be eligible for grants or contractsfunded through county revenue.6.The Yamhill County Board of Health shall engage with other counties in Oregon toconvene an ad hoc working group for the purpose of promoting a statement of theethical and legal considerations around the use of 1.) new platform technology beingused in vaccines, such as mRNA and nanotechnology, and 2.) digital ledger andtracking systems.This Resolution does not, and shall not be construed to, prohibit, restrict, or otherwiselimit the right of an individual to access his or her own personal health informationunder state or federal law.DONE at McMinnville, Oregon on 2021.ATTESTYAMHILL COUNTYBOARD OF COMMISSIONERSBRIAN VAN BERGENCounty ClerkChairMARY STARRETTBy:Deputy CAROLINAROOKCommissionerLINDSAY BERSCHAUERFORM APPROVED BY:CHRISTIAN BOENISCHYamhill County Legal CounselCommissionerCASEY KULLAORDINANCE - Board Procedures OrdinancePage 4

1. No Yamhill County board, agency, department, political subdivision, agent or assigns, shall: a. Require as condition for accessing state services or facilities that an individual produce proof that he or she has received a Covid-19 vaccine; b. Produce

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