IF you're a doctor fighting the mainstream narrative...

You should know this

ABSENT INTENT OR AUTHORITY AS LEGAL ADVICE.

All kinds of people with disabilities visit doctors. And doctors “aid and encourage” these individuals with disabilities to receive equal access to their services and the medical spectrum.

And that means that doctors, in helping these individuals gain equal access, are in a protected capacity, if they choose to acknowledge and use it.

TITLE III ADA Protected Capacity

The Americans with Disabilities Act (“ADA”) gives three categories for disability.

Actual disability,

A record of disability (perhaps cancer or some other disability that is now in remission)

Regarded as disabled. (This can be a host of things, but if someone has a chronic issue that substantially limits one or more major life activities, it can probably fit in here. The main disqualifications are if it is transitory AND minor. IF there is a lacerated finger that heals in a month with stitches, it probably won’t fit in here, because it is transitory (less than 6 months) and it is probably minor. (As an advocate, if the finger got cut off, I’d argue major, and that would also not be transitory. Hopefully, this portrays this in a way you can understand)

But most patients coming into a doctor’s office can fit into one of these definitions.

With COVID-19, it is major, because it has substantially limited (as a constant, ongoing proclamation of “pandemic” status) many major life activities for 2 years plus.

Yes, the existence of the “pandemic” is a “disability” under the ADA definition of a “physical or mental impairment (or physiological condition) that substantially limits one or more major life activities. The “pandemic” and COVID countermeasures have substantially limited caring for oneself, interacting with others (think “social distancing”), communicating (masks), working (threats, coercion, and mandates have affected work exponentially), and more.

Without writing a book for this explanation, let me simply state that the ADA, in Titles 1, 2, and 3, protects individuals who “aid and encourage” another in the “exercise and enjoyment” of rights under the ADA, among which is equal access.

How are doctors that buck the system protected?

Because these doctors are aiding and encouraging equal access for disabled patients, even (and especially) for equal access to alternative treatments, methods, opinions, etc., these doctors are operating in a federally protected capacity.

What about state licensing boards?

State licensing boards, which issue licenses to physicians, and their nursing or other medical professional staff, are subject to the ADA. There’s another part of this that is especially helpful. The ADA strips state sovereign immunity for ADA claims. This means that those boards that govern the licenses? They can be sued for ADA breaches. I’ve been an advocate for a while, and state agencies HATE having the ADA in play.

Particularly, the ADA, Title II, in 28 CFR §35.134 states

No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part. (emphasis added)

If you’re being targeted by state licensing boards for not following the COVID-19 narrative or political narrative, or whatever narrative, because you want your patients to have equal access to your services because of their ADA rights? Well, that’s a good thing.

So, if you’re being bullied for it, drop me a line. I’d love to be part of your peace of mind.

adarights (at) protonmail (dot) com.

P.D., JAY V SHORE, as Certified ADA Advocate