New ‘Medical Freedom’ Law Outlaws Requiring COVID-19 Vaccine to Access Public Spaces | August 2021

August 12, 2021 | Volume 13, Issue 1

Read the full article from ABC News.

According to the article, New Hampshire residents cannot be required to get a COVID-19 vaccine in order to “access any public facility, any public benefit, or any public service” according to a new bill signed into law by the Republican Governor Chris Sununu.

The so-called “medical freedom” bill does not override state vaccine law, which “requires that all children enrolled in any school, pre-school, or child care have certain immunizations to protect them and those around them from vaccine-preventable diseases,” according to the New Hampshire Department of Health and Human Services.

The COVID-19 vaccine is not currently listed as a requirement for attending school, nor is it approved for children younger than 12.

Other exceptions to the new law include correctional facilities, such as jails and prisons, where immunizations can be mandated “when a direct threat exists,” as well as county nursing homes and medical facilities operated by the state.

“As he has long said, Governor Sununu believes that private entities have the choice to require vaccinations,” Brandon Pratt, the governor’s deputy communications director, told the media in a statement. “The simple fact remains that the safest thing one can do is get vaccinated as soon as possible to help increase the state’s already high vaccination rate.”

New Hampshire’s law stands in contrast to some other parts of the Northeast, which have edged toward mandatory vaccinations in recent days.

In New York City, Mayor Bill de Blasio announced recently that COVID-19 vaccination would be compulsory for all city workers, including police officers, firefighters and teachers, starting September 13. City workers will have the option of getting tested weekly for COVID-19 if they choose not to get vaccinated.

“We’re doing this out of a sense of urgency,” de Blasio said. “It is about protecting the workforce, their health and safety, and the people they serve.”

Discussion Questions

1. The New Hampshire “medical freedom” bill referenced in the article focuses on the right of the unvaccinated to “access any public facility, any public benefit, or any public service.” What about the freedom of others to remain healthy?
   
   This is an opinion question, so student responses may vary. In terms of rights in the United States (or in any other country, for that matter), one must be mindful of the rights of everyone, not just those who are most “vocal” in asserting their rights. For example, in terms of the Second Amendment “right” of those who possess arms and assert their right to “open carry” those arms in bars, restaurants, retail stores, etc., what about the rights of those who do not carry arms to feel safe while they are in public? In your author’s opinion, the New Hampshire law as written focuses exclusively on the rights of the unvaccinated and entirely disregards the rights of those who have fulfilled what they perceive to be their civic duty by becoming vaccinated.
2. As indicated in the article, the COVID-19 vaccine is not currently listed as a requirement for attending school, nor is it approved for children younger than 12. Should it be? Explain your response.
   
   This is an opinion question, so student responses may vary. Your author is old enough to remember when there was no substantial debate regarding the smallpox vaccination, the polio vaccination, etc. and the requirement that children become vaccinated before attending school. As referenced previously in this newsletter, doing so was perceived as a civic duty; in other words, becoming vaccinated was not just about self-preservation, it was about societal and national preservation. It saddens your author that the United States has strayed so far from its collective sense of unity and shared purpose.
3. As indicated in the article, New York City Mayor Bill de Blasio announced recently that COVID-19 vaccination would be compulsory for all city workers, including police officers, firefighters and teachers, starting September 13. Comment on this regulatory mandate. Do you approve or disapprove of the mandate?
   
   This is an opinion question, so student responses may vary. Your author supports this mandate, not just from the standpoint of making these New York City employers safe, but also in terms of them serving by example and making those they come in contact with safer.
   
   As far as the legality of this regulatory mandate, employment law is clear. Unless such a mandate is prohibited by an existing contract (for example, a labor-management collective bargaining agreement), an employer can require such a vaccination as a condition of employment, either as a precondition of employment or as a condition of continued employment.