Posts Tagged ‘state of emergency’

Cops jump on swine-flu power: Shots heard ’round the world

September 3, 2009
Posted: September 01, 2009
9:11 pm Eastern
 

 

By Chelsea Schilling
© 2009 WorldNetDaily

POLICE STATE, USA

Pandemic bill allows health authorities to enter homes, detain without warrant

 A “pandemic response bill” currently making its way through the Massachusetts state legislature would allow authorities to forcefully quarantine citizens in the event of a health emergency, compel health providers to vaccinate citizens, authorize forceful entry into private dwellings and destruction of citizen property and impose fines on citizens for noncompliance.

If citizens refuse to comply with isolation or quarantine orders in the event of a health emergency, they may be imprisoned for up to 30 days and fined $1,000 per day that the violation continues.

Massachusetts’ pandemic response bill

“Pandemic Response Bill” 2028 was passed by the Massachusetts state Senate on April 28 and is now awaiting approval in the House.

As stated in the bill, upon declaration by the governor that an emergency exists that is considered detrimental to public health or upon declaration of a state of emergency, a local public health authority, with approval of the commissioner, may exercise the following authorities (emphasis added):

  • to require the owner or occupier of premises to permit entry into and investigation of the premises;
  • to close, direct, and compel the evacuation of, or to decontaminate or cause to be decontaminated any building or facility, and to allow the reopening of the building or facility when the danger has ended;
  • to decontaminate or cause to be decontaminated, or to destroy any material;
  • to restrict or prohibit assemblages of persons;
  • to require a health care facility to provide services or the use of its facility, or to transfer the management and supervision of the health care facility to the department or to a local public health authority;
  • to control ingress to and egress from any stricken or threatened public area, and the movement of persons and materials within the area;
  • to adopt and enforce measures to provide for the safe disposal of infectious waste and human remains, provided that religious, cultural, family, and individual beliefs of the deceased person shall be followed to the extent possible when disposing of human remains, whenever that may be done without endangering the public health;
  • to procure, take immediate possession from any source, store, or distribute any anti-toxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies located within the commonwealth as may be necessary to respond to the emergency;
  • to require in-state health care providers to assist in the performance of vaccination, treatment, examination, or testing of any individual as a condition of licensure, authorization, or the ability to continue to function as a health care provider in the commonwealth;
  • to waive the commonwealth’s licensing requirements for health care professionals with a valid license from another state in the United States or whose professional training would otherwise qualify them for an appropriate professional license in the commonwealth;
  • to allow for the dispensing of controlled substance by appropriate personnel consistent with federal statutes as necessary for the prevention or treatment of illness;
  • to authorize the chief medical examiner to appoint and prescribe the duties of such emergency assistant medical examiners as may be required for the proper performance of the duties of office;
  • to collect specimens and perform tests on any animal, living or deceased;
  • to exercise authority under sections 95 and 96 of chapter 111;
  • to care for any emerging mental health or crisis counseling needs that individuals may exhibit, with the consent of the individuals

State and local agencies responding to the public health emergency would be required to exercise their powers over transportation routes, communication devices, carriers, public utilities, fuels, food, clothing and shelter, according to the legislation.

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Local public health authorities will be required to keep records of reports containing the name and location of all people who have been reported, their disease, injury, or health condition and the name of the person reporting the case. In addition, citizens may be subject to “involuntary transportation.”

Line 341 of the bill states, “Law enforcement authorities, upon order of the commissioner or his agent or at the request of a local public health authority pursuant to such order, shall assist emergency medical technicians or other appropriate medical personnel in the involuntary transportation of such person to the tuberculosis treatment center. No law enforcement authority or medical personnel shall be held criminally or civilly liable as a result of an act or omission carried out in good faith in reliance on said order.”

Vaccinate or isolate

Whenever the commissioner or a public-health authority decides it is necessary to prevent a serious danger to the public health, they are authorized:

(1) to vaccinate or provide precautionary prophylaxis (preventative procedure) to individuals as protection against communicable disease and to prevent the spread of communicable or possible communicable disease, provided that any vaccine to be administered must not be such as is reasonably likely to lead to serious harm to the affected individual; and(2) to treat individuals exposed to or infected with disease, provided that treatment must not be such as is reasonably likely to lead to serious harm to the affected individual. An individual who is unable or unwilling to submit to vaccination or treatment shall not be required to submit to such procedures but may be isolated or quarantined … if his or her refusal poses a serious danger to public health or results in uncertainty whether he or she has been exposed to or is infected with a disease or condition that poses a serious danger to public health, as determined by the commissioner, or a local public health authority operating within its jurisdiction. (emphasis added)

Under such circumstances, authorities are also allowed to decontaminate individuals and perform physical examinations, tests and specimen collection to determine whether “an individual presents a risk to public health.” If a citizen refuses, he or she may be isolated, quarantined and/or detained “for as long as may be reasonably necessary,” the bill states.

Law enforcement authorities are authorized to “arrest without warrant any person whom the officer has probable cause to believe has violated an order for isolation or quarantine and shall use reasonable diligence to enforce such order. Any person who knowingly violates an order for isolation or quarantine shall be punished by imprisonment of not more than 30 days and may be subject to a civil fine of not more than $1,000 per day that the violation continues.” (emphasis added)

Other state quarantine orders

 

As WND reported, a blank document from the Iowa Department of Public Health has been discovered online, designed to be filled in with the name of an H1N1 virus victim who is required to relocate from his or her home to a quarantine facility.

The form, which began appearing Aug 31 in e-mails and on the Internet , has concerned a confused public already swimming in conflicting reports about the severity of the swine flu and intrusive government measures that many fear may be taken if the disease becomes a pandemic. 

The Iowa document, which WND confirmed with state officials is authentic, has done little to calm the public’s fears.

“The Iowa Department of Public Health has determined that you have had contact with a person with Novel Influenza A H1N1,” the form reads. “The Department has determined that it is necessary to quarantine your movement to a specific facility to prevent further spread of this disease.

“The Department has determined that quarantine in your home and other less restrictive alternatives are not acceptable,” the document continues, before listing mandatory provisions of compliance with relocation to a quarantine facility.

According to the CDC, the following states have implemented legal actions in response to the H1N1 virus:

Florida – the Florida surgeon general suspended distribution permit requirements Florida statutes to allow wholesale distribution of Tamiflu and Relenza. The state has also distributed a series of blank quarantine order forms, including a voluntary home quarantine agreement, a quarantine to residence order, a quarantine to residence order (non-compliance), a quarantine to facility order, quarantine detention order, quarantine of facility order, building quarantine closure order and area quarantine closure order.

Iowa – In addition to the facility quarantine order listed above, Iowa has also made available forms for voluntary home confinement, home quarantine and home isolation.

Massachusetts – Massachusetts lists its own procedures for isolation and quarantine.

North Carolina – The North Carolina Department of Health and Human Services released a draft isolation order that would provide for imprisonment for up to two years and pretrial detention without bail for any citizen who fails to comply with an isolation order.

Washington – Washington grants authority to local health officers to issue emergency detention orders causing citizens to be immediately and involuntarily isolated or quarantined for up to 10 days.

In addition, governors and health commissioners in the following states have declared a state of emergency since April following concerns about the H1N1 virus: California, Florida, Iowa, Maine, Maryland, Massachusetts, Nebraska, New York, Ohio, Texas, Virginia and Wisconsin.

Next step: Mandatory swine flu vaccines?

According to the White House, “Since the novel 2009-H1N1 flu virus emerged in the United States during the third week of April, the president has received regular briefings and asked his Cabinet to spare no effort in addressing this national security challenge.”

The White House also lists as a priority, “Preparing for a voluntary, but strongly recommended, H1N1 flu shot program to be available to all Americans that wish to participate over a period of time.”

Barbara Loe Fischer, president of the National Vaccine Information Center, referenced the controversial Massachusetts bill in her commentary, “Swine flu vaccine: Will we have a choice?

Fischer said, “Public health doctors have persuaded legislators to pass pandemic influenza legislation that will allow state officials to enter homes and businesses without the consent of occupants, to investigate and quarantine individuals without their consent, to require licensed health-care providers to give citizens vaccines and to ban the free assembly of citizens in the state.” She said World Health Organization doctors “immediately

 

 

 

Soldiers pledge to refuse disarmament demands

March 18, 2009

Posted: March 17, 2009
11:21 pm Eastern

By Bob Unruh
© 2009 WorldNetDaily

OBAMA WATCH CENTRAL
Campaign urges members of military to ‘steel resolve’ to ‘do the right thing’

 

An invitation to soldiers and peace officers across the United States to pledge to refuse illegal orders – including “state of emergency” orders that could include disarming or detaining American citizens – has struck a chord, collecting more than 100,000 website visitors in a little over a week and hundreds of e-mails daily.

Spokesman Stewart Rhodes of Oath Keepers told WND his organization’s goal is to remind military members their oath of allegiance is to the U.S. Constitution, not a particular president.

He said the organization deliberately does not collect the names of those who subscribe to Oath Keepers’ beliefs because of their status mostly as active duty soldiers.

He told WND he is scheduled to talk about the issue on G. Gordon Liddy’s radio program tomorrow at 10:30 a.m. Eastern Time, and he’s begun working with “Gathering of Eagles” on several projects, including a Pro Troop Events gathering scheduled in Washington in June.

Rhodes said his goal is to “teach them more about what they swore to defend so they will be better able to see when an order violates the Constitution and the rights of the people, and is thus unlawful.”

That review must be done immediately, so they have an opportunity to decide what is right and wrong and then to “steel their resolve to take a stand and do the right thing, whatever the cost,” the organization says.

The U.S., Rhodes noted to WND, was launched as a natural law republic, meaning the founders recognized all rights come from God, not the government.

The founders, many of whom ended up active militarily in the revolution, rebelled “against the principle” that a king or parliament could rule them.

“That’s where we are. We want to make sure men in the military understand in advance what the line is they won’t cross,” Rhodes said.

One testimonial posted by an active duty Army soldier, who was kept anonymous, said that message already has gotten through.

“I want you guys to know I’m with you 100 percent and so are a lot of my fellow soldiers. These kinds of discussions go on between us often, and we all know that we did not swear an oath to any politician (of either party),” he wrote.

“And just for the record not me or anyone else in my platoon would ever follow an order to disarm the American people,” he wrote.

The organization describes itself as a non-partisan group of members of the military as well as peace officers “who will fulfill our oath to support and defend the Constitution against all enemies, foreign and domestic, so help us God.”

Among the orders the soldiers are pledging NOT to obey:

  1. We will NOT obey any order to disarm the American people. … Any such order today would also be an act of war against the American people, and thus an act of treason. We will not make war on our own people, and we will not commit treason by obeying any such treasonous order.
  2. We will NOT obey any order to conduct warrantless searches of the American people, their homes, vehicles, papers, or effects – such as warrantless house-to house searches for weapons or persons. … We expect that warrantless searches of homes and vehicles, under some pretext, will be the means used to attempt to disarm the people.
  3. We will NOT obey any order to detain American citizens as “unlawful enemy combatants” or to subject them to trial by military tribunal. … Any attempt to apply the laws of war to American civilians, under any pretext, such as against domestic “militia” groups the government brands “domestic terrorists,” is an act of war and an act of treason.
  4. We will NOT obey orders to impose martial law or a “state of emergency” on a state, or to enter with force into a state, without the express consent and invitation of that state’s legislature and governor. … It is the militia of a state and of the several states that the Constitution contemplates being used in any context, during any emergency within a state, not the standing army.
  5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty and declares the national government to be in violation of the compact by which that state entered the Union.
  6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps. … Such tactics … by the Nazis in the Warsaw Ghetto, and by the Imperial Japanese in Nanking, turn[ed] entire cities into death camps. Any such order to disarm and confine the people of an American city will be an act of war and thus an act of treason.
  7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext. … Such a vile order to forcibly intern Americans without charges or trial would be an act of war against the American people, and thus an act of treason, regardless of the pretext used.
  8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to “keep the peace” or to “maintain control” during any emergency, or under any other pretext. We will consider such use of foreign troops against our people to be an invasion and an act of war.
  9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies, under any emergency pretext whatsoever.
  10. We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.

“We will not make war against our own people. We will not commit treason. We will defend the Republic,” the organization’s website states. “And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually affirm our oath and pledge to each other our Lives, our Fortunes, and our sacred Honor.”

Rhodes said the organization has not even had time to complete its website, but the word is spreading so quickly through its blog that thousands of people are investigating the site each day.

Plans had been to wait on the campaign until a website was established, but recent events accelerated the effort, he said.

One such situation was a training exercise planned by the National Guard in Iowa on which WND reported.

Rhodes said the effort is not a response to President Obama or his policies.

He said the accumulation of power in the executive branch in recent years has been alarming. The fears crystallized when Obama took office and suddenly had access to the accumulated power.

That, he said, is a “powderkeg.”

“We do feel in our hearts that this effort has the potential to change history for the better and to forestall or even prevent this nation from ever experiencing the horrors that plagued so many other nations in the 20th Century,” the website says.

“We are convinced that it is not too late, that there can be a turning of the tide – if we (and that means you too!) can reach enough of our brothers in arms and remind them of their oath, teach them more about what it is they swore to defend, and steel their resolves to stand firm if/when their oath is tested. We feel honor bound to do all we possibly can to achieve that mission.”

WND already has reported on several members of the U.S. military who have raised concerns about the implications of Obama’s possible ineligibility to be commander-in-chief.

One officer who signed onto a case filed by attorney Orly Taitz, the California activist with the Defend Our Freedoms Foundation, immediately was ordered by his commanders not to speak to the media.

The officer’s identity was withheld to prevent further actions against him.

Taitz said she’s working with more than 100 members of the military in her case.

WND has reported on dozens of legal challenges to Obama’s status as a “natural born citizen.” The Constitution, Article 2, Section 1, states, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.”

Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born


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