Is your kid ready to resist the #ClotShot?

If not, time is of the essence.

ABSENT INTENT OR AUTHORITY AS MEDICAL ADVICE

Yesterday, on my telegram channel, I predicted that since the CDC and FDA are recomending the #ClotShot for kids as early as 6 months, that schools would follow suit. Sure enough, Steve Kirsch posted this today":

NYC Mayor Eric Adams plans to mandate COVID vaccines for kids this fall

It should be seen as axiomatic that other states will incorporate this requirement for your kid to attend school, play sports, participate in programs, etc. It'll be the same rules as before. “CDC/FDA said so…”

But what if you’re a parent that has had enough of the lies and trickery?

Well here’s the approach I take for most of the common COVID #ClotShot mandates out there.

1. I do an assessment with you to ensure that you understand your ability to exercise and enjoy rights under the ADA. The majority of COVID #ClotShot mandates offer only medical or religious exemptions, and this omits/obfuscates the rights that you and your child have under the ADA. That’s interference, under 28 CFR §35.134(b).

2. I assert that the #ClotShot mandates regard your child as disabled, having a deficient immune system.
   
   Straight from Title II of the ADA:
   
   Test C -- Being regarded as having such an impairment

   This test, as contained in paragraph (4) of the definition, is intended to cover persons who are treated by a public entity as having a physical or mental impairment that substantially limits a major life activity. It applies when a person is treated as if he or she has an impairment that substantially limits a major life activity, regardless of whether that person has an impairment.

   The school/state (public entity), by their mandate, is treating your child as if they have a disability that substantially limits the functions of the immune system from defeating COVID. Notice that they don’t actually have to have an impairment of the immune system, they just have to be treated this way. The #ClotShot mandate does this.
   
   Here’s a case from Title I (Employment) ADA, which is the most restrictive standard of the ADA. Title I cases are support for the other Titles, and in this case, it was a “regarded as” claim.
   

3. I point out to the school that Title II of the ADA strips their immunity concerning ADA claims. See 28 CFR §35.178, 42 USC §12202, and Tennessee v. Lane, 541 US 509. This causes recoil on the part of the school, which is accustomed to operating under 11th Amendment sovereign immunity. From experience, this is a big deal that they do NOT want in their laps. I bring it.
   

4. I point out that the #ClotShot mandates also use the prohibited acts found in 28 CFR §35.134(b) to enforce the mandates. This is prohibited, and discriminatory. They use coercion, intimidation, threats, and interference with rights under the ADA.

5. I point out that the #ClotShot mandates, along with their use of the prohibited acts, also creates another disability, because of my experience with having adults and children telling me how these actions substantially limit their major life activities of thinking, learning, sleeping, communicating, caring for oneself, interacting with others, and more.

6. I work with and/or refer to doctors in my network, that will provide support documentation as well. This means that your child can likely submit a medical exemption request AND claims under the ADA. A medical exemption application alone does not carry with it the immunity removal that is found in the ADA, or the prohibited acts that are listed in the ADA. You’ll want to use both.

7. You can also combine this with a religious exemption request, and I have the material that supports this.

8. After this is done, I submit your medical letter, my advocacy letter that invokes the protections of the ADA, and the school is required to respond.

Doing this preserves rights that are lost otherwise. One of the biggest frustrations I feel is that the ADA is so powerful and the populace, being stigmatized from using the word “disabled” has no clue how it works. It’s time to use every tool at your disposal, and I am ready to help you with this.

This all takes time to do, and waiting will only reduce your chances of having your position properly documented.

Acting now gives your child the best chance of avoiding the #ClotShot.

P.D., JAY V SHORE, as Certified ADA Advocate. adarights (at) protonmail (dot) com