First of all, a few caveats: My opinions here are mine and mine alone. My opinions here do not necessarily reflect that of my employer, readers, family, friends, co-workers, clients, etc… You get the picture. My opinions here are protected by the First Amendment of the Constitution of the United States of America. I am merely pointing out the existence of logical facts and combining them into a potential legal argument.
Now that that’s out of the way, let’s proceed to the matter at hand. Governor Gavin Newsom was granted emergency powers pursuant to CGC Chapter 7 Article 3. “Powers of the Governor [8565 – 8574]” quite some time ago. Since then, Governor Newsom has suspended roughly 400 statutes per his interpretations of the perceived needed protections of the citizens of California. While it is within his power to do so at this time, this creates a quandry that has yet to be addressed by anyone: does he have the power to discriminate against groups of people simply because he has the emergency powers to do so? Let’s investigate.
In 2011, the California Legislature passed a bill, now known as the Unruh Civil Rights act, and was signed into law on September 6 of the same year (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB559). A few things to note from this act: The beginning of the bill cites the affected and changed statutes to reflect the passing of the Unruh Civil Rights Act. From the “Legislative Counsel’s Digest” – “The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases.” Also from the Legislative Counsel’s Digest” – “Existing law prohibits discrimination on specified bases against any person in any program or activity conducted, operated, or administered by the state or any state agency, or that is funded directly by the state, or that receives any financial assistance from the state.
The entirety of Section 1 makes several references to genetic information and genetic testing and discrimination observed based on the publication of test results. Starting in Section 3 we see verbiage that is repeated throughout the rest of the bill citing the changes made to previously referenced laws. Specifically: “All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accomodations, advantages, facilities, priviliges, or services in all business establishments of every kind whatsoever.” For purposes of this section…’Genetic information’ includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.” “Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristics within the listed categories.”
Yes, I know that’s a lot, however, let’s think about some of the most recent mandates as issued by Governor Newsom: Healthcare workers MUST be vaccinated to continue to work in healthcare. This has created an exodus of healthcare workers from the profession and state, thus putting the medical needs of everyone in jeopardy, in my opinion, because of a lack of qualified healthcare workers to handle the influx of affected patients. School workers and school children MUST continue to wear masks indoors. Only vaccinated people can remove their masks in indoor settings. Unvaccinated individuals MUST continue to mask indoors.
Why is any of this an issue? Well…let’s take a look at the CDC’s definition of the mRNA shot: “Both messenger RNA and viral vector COVID-19 vaccines work by delivering instructions (genetic material) to our cells to start building protection against the virus that causes COVID-19.” (https://www.cdc.gov/coronavirus/2019-ncov/vaccines/facts.html) Instructions specifically require that information be transferred. Thus, the mRNA AND viral vector shots MUST contain genetic information that has to be delivered to the immune system in order to program it to have the desired response. Wait…doesn’t this mean that either type of shot injects genetic information into your system?
YES IT DOES!
What does this mean? Governor Newsom’s mandates discriminate based on genetic information in a person’s body. If you have the injected genetic information from the above mentioned shots and a card showing proof of it, you are free to live as you please. If you don’t have this information in your system per Governor Newsom’s requirements, you are still restricted and can’t be as free as your genetically enhanced counterparts.
Long story short, anti-discrimination laws in California, which are also consequently protected by the equal protection clause of the 14th Amendment of the United States Constitution, prohibit the mandates issued by Governor Newsom to be effective. Simply put, Governor Newsom is breaking both state and federal law. End of story. If anyone reading this is an attorney, please feel free to contact me. I will be happy to be a client or witness in this matter. Why hasn’t anyone put this together sooner?