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Tuesday, October 19, 2021

SF Shuts Down In-N-Out Burger For Refusing To Be 'Vaccination Police For Government'

 by Jefferey Jaxen and Patrick Layton via TheHighwire,com,

In-N-Out Burger’s Chief Legal and Business Officer, Arnie Wensinger, is set to release a statement after the San Francisco Department of Health closed one of the Top California Burger Restaurant’s locations. 

“Today, the San Francisco Department of Health closed our restaurant…” he wrote.

According to Wensingers statement, In-N-Out Burger employees were allegedly “not preventing the entry of customers who were not carrying proper vaccination documentation.”

Beyond the famous California institution’s location “properly and clearly” posting signage to communicate local vaccination requirements, the SFDH has attempted to require In-N-Out Burger employees to act as health police and enforcement personnel for the city.

He explains, “After closing our restaurant, local regulators informed us that our restaurant Associates must actively intervene by demanding proof of vaccination and photo identification from every customer…barring entry for any Customers without proper documentation.”   

Wensigner opened up further in the statement saying they are committed to the highest level of customer service & making all feel welcome. 

“We refuse to become the vaccination police for any government. It is unreasonable, invasive, and unsafe to force our restaurant associates to segregate customers,” wrote Wensigner. 

In late August, San Francisco became one of the first major U.S. cities to require proof of full COVID-19 vaccination to enter indoor restaurants, bars, gyms, theaters, and other entertainment venues. 

New York City’s policy went into effect on August 17, and the city began to enforce the requirements as of September 13. Inspectors for New York City have reportedly given numerous violations of $1,000 for failing to check vaccination cards.

Some fast-food chains shut their seating areas altogether, sacrificing sales and bottom lines to appease city health rules.

Federal and State Vaccine Mandates have fueled a great divide in the U.S., pitting businesses, unions, legislators, and neighbors against one another based on their firmly held beliefs on the issue.

Further fueling the division are inconsistent actions from public officials like CA Governor Gavin Newsom. It was recently reported that Newsom, who is publicly driving Lockdowns and Vaccine mandates, does not vaccinate his own daughter. In addition to that, CA Assemblyman Kevin Kiley tweeted that the embattled Governor is fighting to remove the vaccine mandate for a union that reportedly gave over $1 million to his campaign.

For In-n-Out Burger, they are not alone as employeesemployersunionspublic employees, and even Governors across the nation are signaling their distaste for a mandate Arnie Wensinger describes as a “government dictate that forces a private company to discriminate against customers who choose to patronize their business.”

The statement concludes with a declaration that leaves no doubt about where the famous Burger Institution stands.

“This clear governmental overreach and is intrusive, improper, and offensive.”

Full Statement:

New mutation of Delta variant under close watch in UK

 Officials are keeping a close watch on a new descendant of the Delta variant of Covid that is causing a growing number of infections.

Delta is the UK's dominant variant, but latest official data suggests 6% of Covid cases that have been genetically sequenced are of a new type.

AY.4.2, which some are calling "Delta Plus", contains mutations that might give the virus survival advantages.

Tests are under way to understand how much of a threat it may pose.

Experts say it is unlikely to take off in a big way or escape current vaccines.

It is not yet considered a variant of concern, or a variant under investigation - the categories assigned to variants and the level of risk associated with them.


There are thousands of different types - or variants - of Covid circulating across the world. Viruses mutate all the time, so it is not surprising to see new versions emerge.

Original Delta was classified as a variant of concern in the UK in May 2021 after overtaking the Alpha variant to become the dominant type of Covid in circulation.


But in July 2021 experts identified AY.4.2.

This offshoot or sublineage of Delta has been increasing slowly since then. It includes some new mutations affecting the spike protein, which the virus uses to penetrate our cells.

So far, there is no indication that it is considerably more transmissible as a result of these changes, but it is something experts are studying.

The mutations - Y145H and A222V - have been found in various other coronavirus lineages since the beginning of the pandemic.


Scientists are constantly checking for new genetic changes that Covid is undergoing.

Some emerging variants are worrying, but many are inconsequential. The difficult job is spotting, tracking and managing the ones that could matter.

The UK is a front-runner in carrying out these vital lab analyses, having completed more than a million tests so far.

The first step is to pick up new mutants worth watching, such as this new offshoot - AY.4.2.

Next, if there is a strong suggestion that the genetic changes might make the virus more contagious, it is classified as a variant under investigation and more checks are done.

If it becomes clearer that it could be more transmissible and escape some of the built up immunity from past infections or vaccines, or potentially cause more serious disease, it is moved into the variant of concern category. That's the one Delta belongs to.

At this stage, experts don't think AY.4.2 is likely to take hold - so in time it could well burn out and drop off the watch list.


Prof Francois Balloux, director of University College London's Genetics Institute, said: "It is potentially a marginally more infectious strain.

"It's nothing compared with what we saw with Alpha and Delta, which were something like 50 to 60 percent more transmissible. So we are talking about something quite subtle here and that is currently under investigation.

"It is likely to be up to 10 percent more transmissible.

"It's good that we are aware. It's excellent that we have the facilities and infrastructure in place to see anything that might be a bit suspicious.

"At this stage I would say wait and see, don't panic. It might be slightly, subtly more transmissible but it is not something absolutely disastrous like we saw previously."


The Prime Minister's official spokesman said: "It's something we're keeping a very close eye on.

"As you would expect we're monitoring it closely and won't hesitate to take action if necessary."

A few cases have also been identified in US. There had been some in Denmark but new infections with AY.4.2 have since gone down.

The UK is already offering booster doses of Covid vaccine to higher risk people ahead of winter to make sure they have the fullest protection against coronavirus.

There is no suggestion that a new update of the vaccine will be needed to protect against any of the existing variants of the pandemic virus.


https://www.bbc.com/news/health-58965650

Chicago starts to put cops on no-pay leave if they don’t report COVID vaccine status

 A “very small number” of Chicago police officers have been placed on no-pay status for refusing to comply with the city’s requirement that they report whether they’ve received a COVID-19 vaccination, Mayor Lori Lightfoot said Monday afternoon.

But the president of the local Fraternal Order of Police, who publicly encouraged his members not to comply with the mandate before a judge ordered him to stop, reiterated his belief that the number could eventually reach about 3,000.


Lightfoot made her comments at a news conference where she highlighted the relatively high compliance with the city’s vaccine mandate across most other city governmental departments.

Chicago Mayor Lori Lightfoot at a news conference on Oct. 18, 2021, updating the status of the city's vaccine requirement.
Chicago Mayor Lori Lightfoot at a news conference on Oct. 18, 2021, updating the status of the city's vaccine requirement. (Raquel Zaldivar / Chicago Tribune)

Fewer than 65% of Chicago cops have met the city’s vaccination reporting requirement, days after Friday’s deadline for city workers to disclose their status.


About 72% of Chicago firefighters have met the requirement set by Lightfoot as a condition of city workers’ employment.

Chicago’s data is a good news-bad news scenario for Lightfoot, who has been in a standoff with some labor leaders: The vast majority of city departments are at near 100% compliance after the mayor’s deadline came and went Friday night.


But response rates remain comparably low for police and firefighters, an unsurprising development given the widespread opposition campaign mounted by Fraternal Order of Police local President John Catanzara before a judge ordered him to stop speaking publicly against the campaign.

Questioned about reports emerging Monday that noncompliant officers were being called to police headquarters and stripped of their duties, Lightfoot declined to give specifics but did acknowledge “a small number” of officers had been placed on no-pay status.

As part of the process, Lightfoot said, the city will ask officers if their non-answer is correct and give them a direct chance to insert the information into their portal. Police officials have been talking to officers since Monday morning to verify if they’ve reported their status on the portal, she said.

Catanzara said he believes about 60 officers would be placed on no-pay status by the end of the day but that number could reach thousands in the coming weeks.

Chicago Fraternal Order of Police President John Catanzara carries pizzas into police headquarters purportedly for officers waiting in line who have been asked to appear at headquarters and comply with the city's COVID-19 vaccination requirement, Oct. 18 2021, in Chicago. According to Mayor Lori Lightfoot A "very small number" of Chicago police officers have been placed on no-pay status.
Chicago Fraternal Order of Police President John Catanzara carries pizzas into police headquarters purportedly for officers waiting in line who have been asked to appear at headquarters and comply with the city's COVID-19 vaccination requirement, Oct. 18 2021, in Chicago. According to Mayor Lori Lightfoot A "very small number" of Chicago police officers have been placed on no-pay status. (Armando L. Sanchez / Chicago Tribune)

“Eventually there’s going to be a possible manpower issue,” Catanzara said, adding that’s the risk the city took when it decided to mandate the vaccine.

Aside from police and fire, the next lowest response rate is for Family and Support Services, at 83%. The City Council staff division is listed at about 84%. No other departments are under 90% compliance.

On Sunday, Chicago police brass issued a memo that threatens those who do not comply with Lightfoot’s COVID-19 vaccination policy with a disciplinary investigation that could result in the termination of officers who refuse to get the vaccine — but the police union, in its own memo to officers, maintains the order is “invalid.”

The police memo, sent Sunday night by a member of Superintendent David Brown’s office staff, also threatens officers who might choose to retire rather than get the vaccine. It says: “sworn members who retire while under disciplinary investigations may be denied retirement credentials.”

The FOP, in response, sent a document to its members that provides language officers can use should they be asked to go to Internal Affairs and given a direct order to report their vaccination status through the city portal, according to multiple law enforcement sources.

Officers walk into the Chicago police headquarters where several officers have been placed on no-pay status for refusing to comply with the city's requirement that they report whether they've received a COVID-19 vaccination, Oct. 18 2021, in Chicago. According to Mayor Lori Lightfoot A "very small number" of Chicago police officers have been placed on no-pay status.
Officers walk into the Chicago police headquarters where several officers have been placed on no-pay status for refusing to comply with the city's requirement that they report whether they've received a COVID-19 vaccination, Oct. 18 2021, in Chicago. According to Mayor Lori Lightfoot A "very small number" of Chicago police officers have been placed on no-pay status. (Armando L. Sanchez / Chicago Tribune)

“Complying with this INVALID order and the violation of MY Bargaining, Constitutional and Civil Rights has furthermore caused me severe anxiety while challenging both my religious and moral beliefs. I am in fact complying with this because I am being forced to do so under complete duress and threats of termination,” the document reads.

The union told members who receive a direct order from a supervisor to have that supervisor add their name to the FOP-provided document and advised members to keep a copy for themselves and send another to the union. According to a law enforcement source, the union also is urging members to turn on their body cameras and record the encounters, a call Catanzara has made before.

Monday, Catanzara spoke to reporters outside police headquarters, saying the vaccine measure “is not about stopping the spread (of COVID-19). It’s all about control.” He then referred to the mayor as a “miserable human being.” He spoke just as word broke that an officer had been shot on the North Side.

Monday’s developments come after a judge on Friday evening issued a temporary restraining order against Catanzara, prohibiting him from making public statements that encourage members not to report their COVID-19 vaccine status to the city.

The restraining order is in place until Oct. 25, when another court session is scheduled. Both sides have filed dueling lawsuits and accuse each other of illegally risking the safety of the city over the issue.

Lightfoot announced in August that each of the city’s more than 30,000 workers must be fully vaccinated against the coronavirus by Oct. 15, following numerous cities across the U.S. As the deadline approached, Lightfoot pressured city workers with unspecified “consequences” if they did not meet the vaccination cutoff.

After the back-and-forth with the police union, Lightfoot agreed Oct. 8 to allow city workers to remain unvaccinated until the end of the year — if they submit to twice-weekly testing at their own expense.

But Lightfoot then drew a line in the sand, saying all city workers must fill out the city portal form reporting their status, regardless of whether they’re vaccinated, or be placed on a no-pay status.

Catanzara previously posted a video urging officers to defy Lightfoot’s vaccination reporting requirement and prepare to be sent home without pay.


https://www.chicagotribune.com/news/breaking/ct-vaccine-mandate-memo-fraternal-order-of-police-chicago-20211018-wmzako7jyzbuvdhn3bqdekguwu-story.html

Supreme Court Won't Stop COVID Vaccine Mandate for Maine Health Workers

 The U.S. Supreme Court declined Tuesday to hear an emergency appeal of a vaccine requirement imposed on Maine health care workers, the latest defeat for opponents of vaccine mandates.

It was the first time the Supreme Court weighed in on a statewide vaccine mandate. It previously rejected challenges of vaccine requirements for New York City teachers and Indiana University staff and students.

Justice Stephen Breyer rejected the emergency appeal but left the door open to try again as the clock ticks on Maine's mandate. The state will begin enforcing it Oct. 29.

The Maine vaccine requirement that was put in place by Democratic Gov. Janet Mills requires hospital workers and nursing home workers to get vaccinated or risk losing their jobs.

Opponents tried to block the mandate, but a federal judge rejected the request on Oct. 20. The judge said the record indicated regular testing alone wasn't sufficient to stop the spread of the delta variant.

A three-judge panel of the 1st U.S. Circuit Court of Appeals let the ruling stand in a one-sentence statement two days later.

The Liberty Counsel, which filed the lawsuit in federal court in Maine in August, claimed to be representing more than 2,000 health care workers who don't want to be forced to be vaccinated.

Dozens of health care workers have opted to quit, and Central Maine Medical Center in Lewiston already curtailed some admissions because of an "acute shortage" of nurses.

But most health workers largely have complied with the requirement.

State agencies vowed to work with individual hospitals and nursing homes to address individual workforce issues.

https://www.necn.com/news/local/us-supreme-court-wont-stop-covid-vaccine-mandate-for-maine-health-workers/2581183/

Why FDA panel's booster greenlight was actually a 'bad meeting' for J&J

 An advisory panel for the Food and Drug Administration voted on Friday to recommend authorizing booster shots for Johnson & Johnson's COVID-19 vaccine. 

The recommendation, which is for people ages 18 and up, suggests boosters at least two months after the initial dose. As some experts view it, the vote essentially changes the Johnson & Johnson vaccine from a "one and done" single dose immunization into something closer to the two-shot regimen created by Moderna and Pfizer. "Many members of the [FDA] panel said that a second dose was important because the first dose did not provide strong enough protection," writes The New York Times. The J&J vaccine has slightly lower efficacy than the other two approved for use in the U.S., but has so far continued to successfully prevent most serious illness or hospitalization among recipients.

The panel's vote isn't particularly surprising, since many experts have predicted that boosters would likely be approved to ward against waning immunity, but Stat News' Helen Branswell still reported that "this [turned] out to be a bad meeting for J&J," arguing that it's a bad look for Johnson & Johnson that so many FDA panelists believe the vaccine should become a two-dose regimen. The panel opted to recommend boosters sooner than J&J's suggested 6-month gap between doses.

"I think this frankly was always a two-dose vaccine," said panelist Paul Offitt, an infectious disease expert at the Children's Hospital of Philadelphia. "It's hard to recommend this as a one-dose vaccine."

Though J&J isn't changing its vaccine authorization to now be considered a two-dose vaccine, that's essentially what the panel thinks it should become. Panelist Eric Rubin, editor-in-chief of The New England Journal of Medicine, said J&J should be asking for a universal booster dose at two months. "He didn't use the term, but that's a two-dose vaccine," writes Branswell.

The other aspect of the meeting that doesn't bode well for Johnson & Johnson is that the panel is considering whether to recommend that J&J recipients get a booster from a different company. A vote on that issue will come later. Either way, as health reporters note, the fact that the FDA panel shot down J&J's argument that its COVID-19 vaccine could continue as a single-shot dose with a long gap between the initial jab and an eventual booster is a blow to both the company and Americans who benefited from a "one and done."

OSHA will revoke approval of SC's safety plan if it doesn't include COVID-19 protections

 Occupational Health and Safety Administration and the U.S. Department of Labor warned South Carolina that it would revoke the state's workplace safety plan if it refuses to include COVID-19 protections. Revoking the final approval of the state plan is likely to affect the $2.3 million grant funding the state receives from the agency. 

"The longer South Carolina refuses to adapt emergency temporary standard for healthcare workers, the longer they're needlessly putting thousands of workers at risk for the spread of coronavirus," Jim Frederick, OSHA's Acting Assistant Secretary said in a press conference Tuesday. 

"OSHA's main mission is to keep workers safe on the job, and the agency will not hesitate to use all of its resources to protect workers from known health hazards," he said.

Back in June, OSHA issued an Emergency Temporary Standard, which included measures such as weekly screening, indoor masking and providing paid leave to get vaccinated.

The agency asked states to update their plans to include those standards in order to protect essential at-risk workers employed in hospitals, nursing homes and other healthcare settings. 

But on July 20, South Carolina OSHA said that it would implement a COVID-19 standard, as an alternative to the federal standards.  

Of the 22 states that operate under OSHA-approved workplace safety and health plans that cover workers under the private and public sector, including state and local governments, only three states — South Carolina, Utah and Arizona, have ignored the call to include protections in their plans, despite being sent a reminder on July 21, Frederick said. 

Workplace safety and health care plans undergo two approval stages. The first stage gives OSHA the authority to enforce workplace standards. The second and final approval stage gives state's the bandwidth to oversee regulations. The final approval is what OSHA said it will revoke if South Carolina refuses to comply. 

Frederick said that states were obligated to update their standards to ensure that there were uniform safety measures across the country. OSHA will publish a federal notice and embark on a 35-day comment period to discuss the revocation. 

"Workers in a hospital setting in South Carolina certainly deserve the same protections as workers in Georgia," Frederick said. 

While this standard was linked to safety precautions in a healthcare setting, Frederick said, OSHA is currently working on a potential new Emergency Temporary Standard that will include requirements of either vaccination or testing of workers in workplaces.  

"This is clearly a preemptive strike by the federal government," said Gov. Henry McMaster. "With no state regulators in the way, the federal Labor Department will be free to penalize employers who do not comply with President Biden’s unconstitutional vaccine mandate." 

McMaster said that he has instructed SC Department of Labor, Licensing and Regulation Director Emily Farr to "begin immediate preparations for a vigorous and lengthy legal fight.

“We are disappointed that Federal OSHA has decided to take this step against our very successful State OSHA program,” LLR Director Emily Farr said in a statement. 

Farr emphasized that the state consistently had one of the lowest injury and illness rates in the nation with the latest rate of 2.4 for 2019. "This is below the national average of 2.8," Farr said.

South Carolina reported 613 positive and probable COVID-19 cases Tuesday, lower than the thousands of cases the Department of Health and Environment Control reported in August and September. 

Dr. Brannon Traxler, DHEC's Public Health Director told reporters last week that low totals did not mean that the pandemic is at an end or that precautions can be relaxed. Residents. she said, still needed to get vaccinated, wear masks and gather outdoors when possible throughout the holidays to come to fight the COVID spread.

https://www.greenvilleonline.com/story/news/local/south-carolina/2021/10/19/osha-revoke-south-carolina-safety-plan-refuses-covid-19-protection/8527458002/

Top Nuclear Scientists With 'Highest Security Clearances' Being Fired From Los Alamos After Vax Mandate

 A last Friday deadline for Los Alamos National Lab employees to get vaccinated has come and gone, with a judge on the same day denying a request by 114 employees there to block the nuclear lab’s vaccine mandate from taking effect.

In the last days the employees, including top nuclear engineers and scientists, have literally taken to the streets outside the lab, protesting the mandate which orders them to get their first dose of the Covid vaccine or face termination

Concerning the lawsuit filed by the employees, The Hill wrote earlier that "Workers at the New Mexico laboratory, which created the atomic bomb, filed a lawsuit claiming that exemptions to the mandate have been denied without proper justification."

Specifically the workers, among them dozens of scientists, are pushing back against federal contractor Triad National Security LLC, which runs the lab under contract of the US Department of Energy.

It's unclear if any have been fired at this point after the deadline has passed, or if any level of negotiations or understandings are in the process of being reached. The reality is that these employees are seen as immensely valuable to both the advanced nuclear lab and national security, given their government-issued clearance levels. 

Local media detailed Monday protests along the main road leading to the lab and outside the entrance as follows:

Some 55 protestors, many of them carrying U.S. flags or signs, gathered on State Route 4 in White Rock at 6 a.m. to get the attention of Los Alamos National Laboratory commuters and others, They were protesting LANL’s policy mandating COVID-19 vaccinations for all employees and the termination or placement in leave without pay status of an undisclosed number of employees by LANL last Friday.

As of Friday LANL officials said 96 percent of employees are fully-vaccinated and an additional 1 percent have had their first dose. Additional protests are being planned in other locations.

Importantly, it appears the bulk of those who face termination are not low-level staffers or new hires, but in many cases scientists and nuclear engineers who have worked at one of America's most sensitive and advanced defense facilities for decades

Protesters outside the Los Alamos lab facility on Monday. Source: Los Alamos Reporter

The Associated Press had detailed that "The plaintiffs include scientists, nuclear engineers, project managers, research technicians and others who have some of the highest security clearances in the nation for the work they do."

Further the report underscored they would be "difficult to replace" in the short term. "Some of the employees who are part of the lawsuit have worked for Los Alamos lab for decades, while others are newer hires who have relocated to New Mexico from other states and countries," the report added. "Thirty-four of them are named in the lawsuit and 80 have opted to remain anonymous, citing fears of retaliation."

https://www.zerohedge.com/covid-19/dozens-top-nuclear-scientists-highest-security-clearances-being-fired-los-alamos-lab-after