ICAN ATTORNEYS CHALLENGE MASSACHUSETTS FLU SHOT MANDATE
The Highwire with Del Bigtree
The Highwire with Del Bigtree
4.9 • 3.4K Ratings
🗓️ 8 January 2021
⏱️ 14 minutes
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| 0:00.0 | This week we're starting a new segment that we want to bring to you. We have been sending out a newsletter almost every week with our legal updates discussing what legal wins we've had or foreign requests that have come through. |
| 0:14.0 | But some of it can be confusing even for me and I just thought it'd be really great if we could have a moment to have someone from our legal team explain what the win was or the success was as we move through this year. |
| 0:29.0 | So this week I really want to discuss two weeks ago we put out an ICANN legal update discussing a flu shot that was mandated in Massachusetts. |
| 0:41.0 | We reported on this on the highway all the way back on September 24th, Massachusetts essentially the health department I think passed a flu mandate for basically everyone under the age of 30 that was attending school whether it was preschool kindergarten elementary school, high school or |
| 0:57.0 | going to college. So once again, there were plaintiffs out there that really had problems with that didn't want to be forced to get that flu shot in order to go to school. |
| 1:09.0 | And so our legal team of Siri and Glimstad got involved and this is one of the lawsuits that we have supported. We have a legal update on that and to get into details. |
| 1:21.0 | One of the members of our legal team is joining me right now, Elizabeth Brem. First of all, I want to thank you for your amazing work, Elizabeth. |
| 1:31.0 | We talk all the time you were tired of this lead putting you know for your request together or helping us you know way through some of the legal victories or challenges that we're facing. |
| 1:41.0 | But specifically, first of all, this lawsuit, what what is the lawsuit to begin with that is being filed for plaintiffs in Massachusetts? |
| 1:55.0 | Sure. Hi, Dell. Thanks for having me. So what has happened in Massachusetts is that this past summer, unelected officials at the Massachusetts Department of Public Health. |
| 2:08.0 | Individuals who are not accountable to any voter sat in a room and they decided that they were going to require a flu shot for everyone from the age of six months, like you said, 30 years old. |
| 2:23.0 | In order to attend child care school or college, these same unelected, unaccountable individuals, then issued a press release after making a decision on saying their fiat. |
| 2:38.0 | They did not bother to go through the procedures that are required in order to enact a regulation in Massachusetts, such as giving public notice and allowing public hearings or comments. |
| 2:53.0 | So in response to that mandate, we have brought an action to challenge that requirement on basically two essential grounds. |
| 3:02.0 | So the first is that the Department of Public Health did not follow the law with regard to adopting a regulation in the Commonwealth of Massachusetts. |
| 3:13.0 | And even I should say, even if they had followed the procedure for adopting that, they do not have the authority to do so for college students. |
| 3:23.0 | The second sort of foundation for the lawsuit is that the experts in our case agree that there is no justification for requiring a flu shot to begin with. |
| 3:36.0 | These are renowned scientists we have as experts who have been studying the flu shot for decades. |
| 3:44.0 | They have opined and presented to us and now the court that systematic reviews by the coffin group has found no convincing evidence that influenza vaccine can reduce mortality, hospital admissions, serious complications, or even community transmission of influenza. |
| 4:07.0 | So basically we're fighting on, you know, we're basically on two fronts. You didn't go through the proper procedures to pass a law like this. |
| 4:16.0 | And even if you had, you have no jurisdiction over universities and students there. |
| 4:21.0 | And then we have a scientific side of this, which is there is, you know, from renowned scientists and reviews, no proof that a flu shot actually stops hospital admissions or deaths, which is the entire purpose of this. |
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