Ordinance full Text

AN ORDINANCE prohibiting all mandates within Clark County that discriminate against citizens regarding their health status and or that violates existing rights to health information privacy.

WHEREAS, Clark County is a vibrant community due to the diversity of our residents. All who live here, work here, and enjoy spending time in Clark County should be free from discrimination and injustice; and

WHEREAS, Amnesty International, renowned for championing human rights, defines discrimination as “Discrimination occurs when a person is unable to enjoy his or her human rights or other legal rights on an equal basis with others because of an unjustified distinction made in policy, law or treatment;“ and

WHEREAS, Governor Jay Inslee has unilaterally, without legal authorization from the legislative branch, required all government employees, healthcare workers, school employees and volunteers and many large employers to vaccinate against CoVid-19; and

WHEREAS, thousands upon thousands of Clark County residents have a health condition status as CoVid-19 survivors, granting them “durable” immunity as defined by the National Institutes of Health (NIH) should not be coerced into taking a CoVid-19 vaccine or lose their jobs or being denied equitable treatment; and

WHEREAS, the right to be free from an invasion of bodily integrity by the state has found support in the First, Fourth and Fourteenth Amendments of the Constitution. Courts have generally respected the principle of bodily integrity, promoting it as sacred, inviolable, inalienable, and fundamental, while the 14th Amendment specifically states, “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”; and

WHEREAS, religious discrimination has been widely described as also protecting “moral objectors” or those that hold non-religious beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views 29 CFR § 1605.1. Both Washington State & the United States Constitutions protect these “religious” freedoms of moral objectors from contrived vaccine orders, and

WHEREAS, vaccinations over time have played and continue to play an important role in public health, however, the CoVid-19 vaccines are still under Emergency Use Authorization and full clinical trials have not yet completed. Every person should be free to informed consent and never be coerced by threat of losing one’s job or equitable access to services, freedoms to travel or general pursuit of life, liberty and the pursuit of happiness as protected in the Washington State & United States Constitutions; and

WHEREAS, no vaccine mandates can be enforced without violating the Privacy Rule implemented through the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) which guarantees the protection of all health information and common identifiers (e.g., name, address, birth date, Social Security Number); and

WHEREAS, demanding employees to divulge their personal medical information discriminates against them based on their perceived medical status, in contravention of the Americans with Disabilities Act. (42 USC §12112(a)); and

WHEREAS, in 2020 Clark County Council overwhelmingly passed a resolution relating to eliminating discrimination as an effort to build a truly equitable and inclusive community (NO.2020-06-06), and

WHEREAS, the Clark County Council is empowered through the Home Rule Charter 1.3 “The powers of the county granted by this charter shall be liberally construed, and the specific statement of particular powers shall not be construed as limiting the general powers,” 2.4C: to “Adopt by ordinance comprehensive plans and land development codes, including improvement plans for present and future development in the county.” 8.7: The “county will ensure no person is discriminated against because of age, sex, marital status, sexual orientation, race, creed or color”; and

WHEREAS, the Council is considering the matter at a duly-advertised public hearing and concludes that adoption will further the public health, safety and welfare; now,

THEREFORE, WE CALL ON THE CLARK COUNTY COUNCIL TO IMMEDIATELY PASS AN ORDINANCE THAT PROHIBITS ANY AND ALL DISCRIMINATORY MANDATES, ORDERS OR COMPULSORY REQUIREMENTS WITHIN CLARK COUNTY BUILDINGS OR LAND USE THAT DISCRIMINATES AGAINST AN INDIVIDUAL BASED ON HIS OR HER CURRENT HEALTH STATUS, VIOLATES HEALTH PRIVACY OR THAT DOES NOT HONOR HEALTH, RELIGIOUS OR MORAL OBJECTORS IN AN EQUITABLE MANNER. No business, government agency, educational institution, public, health related, religious, corporate or private organization that operates on land within Clark County will be allowed to discriminate via employment practices or denial of services in relation to any other or future mandates or orders that discriminate in a like fashion (lockdowns, face coverings, etc). Any violators will be subject to fines, risk permit denials, and risk land use permits.