Orlando Sentinel

Those who are vaccinated remain vulnerable

- Miles Zaremski of Zaremski Law Group lives part-time in The Villages and is a former adjunct professor at Stetson Law School.

Gov. DeSantis is relentless in his attacks on mandates requiring Floridians of whatever ilk to be vaccinated for COVID-19, even with, now, the constant attention, daily surge, and economic disruption­s caused by the omicron variant.

Many cities, like New

York, Chicago and San Francisco, have put into place mandates which would certainly make him cringe, yet there also remains a significan­t underbelly of his followers that bristles at the thought of any government­al agency mandating what to do with their bodies or how to protect themselves against disease and illness.

After all, they say, it is a personal choice whether to get vaccinated.

Such thinking is short-sighted and misguided, if not dangerous, since those that remain unvaccinat­ed make not only themselves more exposed to the virus, but also is the petri dish for infecting the rest of the population.

Long before omicron made its appearance on the global stage and in national headlines daily, I wrote in a Sept. 4 Sentinel guest column, “When public health is at stake, freedom isn’t absolute.” Its message bears repeating, because, in retrospect, it has become prescient to what we see occurring with the spread of omicron.

In essence, the likes of this state’s governor advocating that personal liberty and self-determinat­ion supersede vaccine mandates is foolish and errantly thought out. But this logic also has corrupted itself when there is a national public-health emergency affecting every citizen, vaccinated or not.

In a Supreme Court case at the start of the 20th century, Jacobson v. Massachuse­tts, upholding the authority of states to enforce compulsory vaccinatio­n laws involving the control of smallpox in Cambridge, Massachuse­tts, the court wrote, “But the liberty secured by the Constituti­on of the United States … does not import an absolute right in each person to be, at all times, and in all circumstan­ces, wholly freed from restraint. There are manifold restraints to which every person is necessaril­y subject for the common good … Real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own [liberty], whether in respect of his person or his property, regardless of the injury that may be done to others.”

The high court will have an opportunit­y to test this century-old thinking Jan. 7 when it conducts oral arguments on a very expedited basis in consolidat­ed cases contesting a COVID-19 vaccinatio­n mandate issued to protect employees by the Occupation­al Safety and Health Administra­tion, the federal agency tasked with assuring a safe and healthful workplace. In early November, the agency issued an Emergency Temporary Standard (ETS) “…to protect the health of employees by mitigating spread of this historical­ly unpreceden­ted virus in the workplace.” The ETS does not require anyone to be vaccinated, but allows covered employers — ones with 100 or more employees — to determine for themselves how best to protect their workforce from contractin­g COVID-19. These options include workers being vaccinated, working exclusivel­y from home, and wearing masks for those not vaccinated but tested weekly. Many employers have already required their workers to be vaccinated.

In upholding the ETS, one federal appeals court in Cincinnati wrote earlier this month, “The COVID-19 pandemic has wrecked havoc across America, leading to the loss of over 800,000 lives, shutting down workplaces and jobs across the country, and threatenin­g our economy … Despite access to vaccines and better testing, however, the virus rages on, mutating into different variants, and posing new risks.” So true, but now the high court will wade in despite it previously turning away similar challenges brought to overturn state and local mandates in Indiana, New York and Maine.

Sure, each one of us has a right to do what we deem appropriat­e for our bodies and our health, but the considerat­ion for that freedom in our democracy comes at a price when a disease like the coronaviru­s pandemic — now omicron — cares not whether one is vaccinated or not. Those remaining unvaccinat­ed can only blame themselves for becoming ill and bearing the brunt of where their sickness takes them.

But, for those that have chosen the wiser and more prudent route of getting our arm pokes, we remain vulnerable too, particular­ly because of those choosing the unvaccinat­ed route.

 ?? TRENT SPRAGUE/THE VIRGINIAN-PILOT ?? A nurse receives a booster dose of the COVID-19 vaccine during a vaccinatio­n drive on Tuesday in Norfolk, Virginia.
TRENT SPRAGUE/THE VIRGINIAN-PILOT A nurse receives a booster dose of the COVID-19 vaccine during a vaccinatio­n drive on Tuesday in Norfolk, Virginia.
 ?? ?? By Miles Zaremski
By Miles Zaremski

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