Saratoga council passes vaccine resolution

The Saratoga Town Council waded into the polarized and politicized debate over vaccines on November 2 as they unanimously passed a resolution relating to vaccine requirements, despite apparent concerns expressed by legal counsel prior to the meeting. Resolution 2021-04, which was drafted by Councilmember Jon Nelson, did not appear on the agenda for the meeting but was added by the council member following the Call to Order. After reading the resolution into the record, Nelson elaborated on his reasoning behind presenting the document.

“It’s been bothering me over the last several weeks about where some of these things are going and I think the idea that we would require somebody to forfeit their right to privacy or be compelled to make certain healthcare decisions based on a federal mandate is something that we ought to stand up against,” said Nelson. “I know it’s just little Saratoga, Wyoming and this is a small action in the face of quite a big thing but I think it’s incumbent on us as elected officials to use whatever power we have to uphold some certain principles that this country was founded on.”

The resolution, which can be found on the Town of Saratoga website under “Ordinances & Resolutions”, prohibits the municipality from requiring someone to present proof of “COVID-19 immunization status as a condition for providing access, service or employment”. The document cited a May 7, 2021 directive from Governor Mark Gordon preventing state agencies, boards and commissions from requiring “vaccine passports”. The introduction of the resolution came one day before the Wyoming Legislature adjourned their 2021 Special Session with only a resolution of their own and two days before the Occupational Safety and Health Administration (OSHA) announced requirements that companies which employed over 100 people have their employees vaccinated by January 4. On November 5, Wyoming joined 11 other states—Missouri, Nebraska, Montana, Arizona, Alaska, Arkansas, Iowa, New Hampshire, North Dakota and South Dakota—in challenging the vaccine mandate. “I appreciate your time, Jon, in putting this together. I’ve thought a lot about it, too, and we wouldn’t ask someone for their political affiliation before we allowed access,” said Mayor Creed James. “I think, even to a point, asking them if they have a vaccination or not makes it a point of getting close to infringing on your HIPAA (Health Insurance Portability and Accountability Act) rights.”

According to a May 22, 2021 article in the Washington Post (“Explaining HIPAA: No, it doesn’t ban questions about your vaccination status”), the law applies only to specific health-related entities. These include insurance providers, health-care clearinghouses, health-care providers and business associates.

“Under federal laws, there are very few, if any, situations in which businesses, airlines, employers, schools and even those covered by HIPAA are prohibited from asking you to share your vaccination status or show your vaccine record card,” read the article. “It would, however, be a violation of HIPAA if your health-care provider shared your vaccination status with your consent to someone who asked.”

As discussion over the resolution continued, Councilmember Ron Hutchins—who joined the meeting via phone—expressed his concern over violation of a person’s civil rights. 

“I just find it very disturbing that a citizen of the United States could be ostracized based on whether they got a shot or not,” said Hutchins. “Some of your civil rights are set aside just because you didn’t get a shot, it doesn’t sit well with me.”

It should be noted, according to Wyoming State Statute 21-4-309, students attending public or private school must provide written proof of immunization. According to the Wyoming Department of Health, before attending school a child must be immunized against; diphtheria, haemophilus influenza type b, Hepatitis B, Measles, Mumps, Pertussis, Polio, Pneumococcal, Rotavirus, Rubella, Tetanus and Varicella.

Additionally, it should also be noted vaccine mandates are not unique to the novel coronavirus. From 1901 to 1903, the city of Boston had 1,596 confirmed cases of smallpox and had reported 270 deaths related to the virus in the two year period. Both Boston and Cambridge, at the urging of public health officials, issued compulsory vaccination orders. Henning Jacobson, who refused the vaccine in March 1902 and was fined $5 fine, took his objections through the courts before the Supreme Court of the United States took it up in 1905.

According to a September 9, 2021 article in the New York Times (“Vaccination Mandates Are an American Tradition. So Is the Backlash”), in a 7-2 decision, the Supreme Court ruled vaccine mandates were, in fact, constitutional. Justice John Marshall Harlan, a known defender of civil liberties, wrote “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, whether in respect of his person or his property, regardless of the injury that may be done to others.”

“We don’t know what the federal courts are going to do or the Supreme Court is going to do but I think all of these things are going to face challenges and I personally believe that they’ll all be thrown out or overturned,” said Nelson. “In the meantime, I don’t see the purpose in subjecting our constituents to something I believe is unconstitutional.”

Councilmember D’Ron Campbell expressed her only concern about the resolution pertained to an email sent from Jane France, the Town of Saratoga’s attorney, prior to the meeting. Campbell asked if it was possible to approve the introduction of the resolution, but table approval of the resolution itself until the governing body had an opportunity to evaluate France’s concerns. Citing the potential in losing federal funding due to the resolution, Nelson stated he took those into consideration when drafting the resolution.

“We all—citizens, other governing bodies whether it’s a state agency or a municipality—we’re all going to decide whether or not we’re going to comply and face the repercussions from the federal government if it comes to that,” Nelson said. “I’m prepared to do that, personally.”

Councilmember Ben Spaulding weighed in on the discussion, stating if the Town of Saratoga were to lose any federal funding, he believed the community would come together to support each other.

“I think that’s what makes this town so unique that you don’t see a lot in neighboring communities and neighboring cities. Sometimes it takes a little guy to stand up and I think, right now, Saratoga is the little guy to stand up,” said Spaulding. “We’re going to take care of our citizens first.”

The next meeting of the Saratoga Town Council will be at 6 p.m. on November 16 at Saratoga Town Hall.