MA House could vote on radical "Pandemic control bill" S2028 this Thursday -- possibly become law by weekend!

Would give MA broad powers to enter & search homes, take property, detain people without warrants if Governor declares "emergency"

Also in this report:

State already hiring hundreds of health care workers to work during "state of emergency"

Should people take swine flu vaccine if ordered by state? Is it safe?

October 5, 2009

The "Pandemic control bill" S2028 will likely be taken out of the House Ways and Means Committee this week and voted on by the full House on Thursday, a committee staffer told MassResistance today. If it passed, it could be signed by the Governor by this weekend.

Bill S2028 passed the Senate unanimously last April. But since then it has received national attention, including coverage on national Fox TV newscasts, as the public has realized what is actually in the bill.

VIDEO: National Fox News report on Bill S2028 with Judge Andrew Napolitano.  (NOTE: The report erroneously says that it already passed the legislature.)

As fears of an H1N1 swine flu epidemic emerged, a draconian "pandemic control bill" has surfaced that would give broad extra-constitutional powers to the state to enter and search houses, take property, detain people, order vaccinations and more during a declared "state of emergency." This bill re-writes or repeals a large number of Massachusetts statutes. It gives broad extra-legal powers to the unelected Commissioner of Public Health during such emergencies (declared by the Governor) and sets penalties for non-compliance at $1000.00 per day and jail time.

Of particular concern is the fact that the Governor of Massachusetts has a wide latitude to declare an official "state of emergency" for a number of reasons. This can include a breakout of disease, imminent threats of civil disturbance, riots, a declared war, threat of foreign attack, and also natural disasters, floods, absence of rainfall, food shortage, and other reasons.

Of further concern is the fact that the Commissioner of Public Health, John Auerbach, is not a doctor. He has an MBA with a concentration in health care administration from Boston University School of Management. State law requires that a city Commissioner of Health be "graduated from a medical school" who is "eligible to be registered to practice medicine" in Massachusetts.

But during any declared "emergencies" broad extra-constitutional powers of S2028 would be used by the state.

MassResistance report: What you need to know about Bill S2028
(NOTE: We also have the text of the bill with links to the statutes it changes, and our analysis of key sections.)

DPH working behind the scenes to get it passed

In recent weeks, as public outrage grew stronger and this gained national attention, the bill seem to get stalled in the House Ways and Means Committee. A number of legislators have expressed concern about the bill publicly. But the Department of Public Health, as they admit on web postings, has been working behind the scenes with House staffers to get the bill back on the fast track. Last month the DPH initiated an internal PR campaign with the Legislature, sending them letters and emails and meeting with them, to persuade them that citizens' fears were unfounded.

DPH talking points to counter citizen outrage

The DPH's reasons that citizens fears are unfounded generally fall into two categories. Here's what they're telling people:

1. "Bill S2028 does not MANDATE vaccines."

Technically, that's correct but it's extremely misleading. They can't "force" you to take a vaccine. But if they "believe that you need" a vaccine and you choose not to have one they can quarantine you against your will - essentially imprison you -- and fine you.

2. "Although Bill S2028 gives the state broad extra-constitutional powers, we can trust our government not to abuse that."

Excuse me? The Massachusetts Legislature even abuses powers it doesn't have! And there is a tendency toward heavy handed state-level enforcement of questionable legitimacy, as when they use state police as parking attendants and "mall cops" at Logan Airport, who barely let you stop and let people out of your car to catch a plane.

Also: The proponents claim that bill S2028 is actually LESS oppressive than the current statutes. That assertion is simply false. Anyone who compares the current statutes to the bill will see that pretty clearly. (Interestingly, when pressed they don't defend that too vigorously!)

The weakness of their arguments hasn't stopped the DPH and proponents of S2028 from their full-court press to push it through.  Here's just a sample of what people are seeing:

Letter that DPH delivered to every legislator

Here's what legislators are emailing their constituents who complain about S2028
The party line from the DPH

Here's what the bill's sponsor, Sen. Richard Moore, posted on WBUR's "CommonHealth" site:
Critics Rage as State Prepares for Flu Pandemic
"Richard T. Moore (D-Uxbridge), Senate Chairman of the Legislature's Joint Committee on Health Care and the Special Senate Committee on National Health Reform, writes that the latest target of anti-government advocates is Senate Bill No. 2028, a pandemic and emergency preparedness plan that gives officials authority to quarantine individuals if necessary . . . "

Contact your State Representative NOW

These legislators unfortunately have a long history of ignoring both the federal and state constitutions -- and the wishes of their constituents. It's time we reminded them who pays their salaries. Call and email your state representative now.

     List of all Mass. state reps.

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State appears to be preparing for passage of S2028. Hiring hundreds of health care workers to work during "state of emergency"

The state seems to already be preparing for the passage of S2028 and the ensuing vaccination and quarantine of citizens. We've recently noticed that many of the job listings on the state website, particularly those for medical providers, have a paragraph that says:

There are also specific job listings that would appear to be for an upcoming state of emergency. For example, Job Listing #J16791 (link below) is for 99 registered nurses. At the top of the posting it says it's for the Glavin Regional Center, but lower down it lists 20 different locations. The Glavin Regional Center is a mental health facility in Shrewsbury that is slated to be closed down next year. However, bill S2028 refers to mental health facilities as places where people may be quarantined. And this posting has the "emergency" paragraph above.

        Mass. Job Listing #J16791 -- 99 nurses

And there are dozens of other postings with the "emergency" paragraph in it

DPH ready to move fast

The Department of Public Health has already put together their plans and paperwork for getting this off the ground.

Department of Public Health memo (Sept. 4, 2009)
Emergency regulations authorizing administration of vaccine by designated health care professionals

New regulations requiring all hospital employees to be vaccinated

DPH form for "refusenik" employees who don't want to be vaccinated

Form for tracking employees who refuse to be vaccinated

We'll keep you posted on what happens on Thursday!

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Should people take swine flu vaccine if ordered by state?

There is a lot of very serious concern about the swine flu vaccination -- not only currently, but going back over 30 years! Besides the questions of whether or not there is an actual "pandemic" (never defined), whether or not H1N1 is serious enough to warrant such a panic, and whether or not the vaccine is safe or effective, how would the DPH know for sure who had it and who didn't? The idea that the state might force people to take an unproven vaccine under threat of quarantine is frightening, to say the least.

Here's just a sample of what one ought to consider:

VIDEO: 60 Minutes report with Mike Wallace on 1976 swine flu scam
First broadcast in 1979. Pretty unbelievable! (It's the first video on that page.)

Fox news: Half of Health Care Workers Will Likely Refuse H1N1 Vaccine, Research Finds

National vaccine information center
A lot of good information here

ARTICLE: 18 reasons why you should not vaccinate your children against the flu
Some pretty thought-provoking points.

Does virus vaccine increase the risk of cancer?
German health expert's swine flu warning