I’m PJ Glassey, the founder of the X Gym. I have operated my business since 1998. I have never been sued by any client, member, or employee and I want to keep it that way. Therefore, I will not be enforcing any illegal government mandates, which is exactly what the government is trying to get you and me to do.
Note that I am not a lawyer, so check with your lawyer about this information. If you need a lawyer, I have great contacts, so just email me email@example.com and I can hook you up.
While I’m not a lawyer, I am a research nerd, so I’m good at digging up stuff and finding the truth (most of which did come from various lawyers in this case).
First of all, let’s go over some background legal stuff to help you understand this whole mandate scam, so if you do have a conversation with a state “enforcer,” they will realize you are fully informed. After reading this post, you will know more than 99% of those enforcers about the legality and enforceability of mandates.
This post is mostly for Washington State business owners, but much of it can apply to business owners in other states as well.
First, click here for the source link to the brilliant people who designed this plan. If that link doesn’t work, it’s because it’s been taken down by the government. In that case, read my copy and paste (with some additional comments) below.
Another reason I wrote this post is I figured it would be taken down sooner than later since it’s sound advice and great information the government doesn’t want you to hear.
12/7 update: Yep, the link above doesn’t work already because as I expected, they took it down. So read on below to see the info that used to be there.
1/13/22 update: Today, the Supreme Court struck down Biden’s vaccine and testing mandate recently enforced by OSHA (except for some health care workers), so for now, those are gone. Read on below for tips on dealing with state mandate enforcers and be sure to mention this Supreme Court ruling to them!
Information to help Business Owners stand up against unlawful vax and mask mandates
Was the “State of Emergency” in WA manufactured? Did the Covid “virus” create a state of disorder for our state, or was it actually the Governor’s response to the situation that caused the disruption to our economy, our jobs, and our businesses?
Look up RCW 43.06.220 State of emergency—Powers of governor pursuant to proclamation. Read it thoroughly and understand that the Governor is allowed to suspend or waive statutes, but not make them.
Read Judge Dave Larson’s letter (and attachments) to the WA Supreme Court Judges. He cites the RCWs and WACs that govern how to handle communicable diseases and shows that the authority to shut down businesses and schools lies with the LOCAL government, not the State.
The media pushed “doctored data” by claiming that our hospitals were overrun when they were not. The State asked hospitals to designate 10% of their beds for Covid patients. Once those 10% were nearly full, they told the media they were “at capacity”. The media also claimed that rural hospitals were so overrun with Covid patients that they had to transfer those patients to city hospitals. What the public doesn’t know is that transferring ICU patients to the city is standard practice and has been for decades.
As a business owner, if you enforce the vaccine mandates on your employees or require them of customers, you are violating several laws. Before taking any medical product, an MD is required to share the benefits and risks of that product, and the benefits and risks of alternatives. Then the MD is required to get a patient’s consent WITHOUT coercion or reward. Your business is likely NOT staffed with MDs who carry out the requirement of Informed Consent for each and every employee and customer.
Also, if you tell your employees their jobs are on the line if they don’t get the vaccine, you are “coercing” them to get the medical product. Read the Summary of the law below: A. Separation of Powers Doctrine refers to the division of government responsibilities and functions. Only the legislature can make laws. WA (illegitimate) governor (yes, he gets a little “g”) Inslee (aka “Kingslee”), and Chief Medical Officer Dr. Kathy Lofy are not part of the legislature. They cannot make laws. When laws are created (by the legislature) they have RCW codes and WAC codes connected to them. Thus there is no force of law behind the mandates.
Mandatory/Emergency/Required/Requested/Ordinance/Proclamation/Order = NOT A LAW! These words are fake laws used to make you think you must comply.
Only an RCW (Revised Code of Washington) is a law, created by the legislature. The WAC (Washington Administrative Code) explains those laws.
The Non-Delegation Doctrine confirms if you don’t have the power to do something (i.e. anyone outside the legislature making a fake law ) THEN you don’t have the power to delegate it to someone else (you, the business owner).
WA governor Inslee and Chief Medical Officer Dr. Kathy Lofy, neither of whom have the power to issue law, CANNOT give the power to Employers to Mandate, Require, or Order their employees to accept an experimental vaccination as a condition of employment (or even wear a mask).
RCW 18.130.190 and RCW 2.48.180 state that any employer who is not a lawyer who gives employees false legal advice is subject to being charged with and prosecuted for “unauthorized practice of law” (RCW 2.48.180).
An employer who is not a Doctor and who gives employees medical advice (i.e. “take the vaccine”) is subject to being charged with and prosecuted for “practicing medicine without a license” (RCW 18.130.190)
The Doctrine of Informed Consent – “INFORMED CONSENT” is the critical legal term that secures our freedom to choose what we allow to be done to our body. The two words “Informed” and “Consent” say it all.
All doctors must provide Informed Consent before offering any medical treatment or procedure.
Pharmacists even perform a kind of informed consent before they complete the sale of a prescribed drug (often this comes with the package insert).
What is required for “Informed Consent” to be met?
- Inform: A doctor must inform the patient of all risks, dangers, and benefits of the supposed medical treatment or surgery AND the risks, dangers, and benefits of other alternative treatments/surgeries AND the risks and dangers and benefits of declining.
- Consent: The doctor must get your consent (your acceptance) to move forward with the treatment/surgery.
“Informed Consent” cannot be contaminated in the slightest way by coercion (Rewards and/or Punishments (physical, emotional, or financial).
Since employers and government officials are NOT doctors, they do not have the qualifications to meet the INFORMED requirement and any mandated/compulsory intervention invalidates the CONSENT requirement.
Additionally, there is no way for anyone (even doctors) to properly give informed consent with these experimental biologics because no one is allowed to have access to the full ingredient list since that is still protected and sealed under Emergency Use Authorization (EUA) laws. We have only been given a partial list so far. Also, the full results on side effects have been hidden from us under the same EUA laws.
Liability for Damages: The WA leadership is leaving the burden of vaccine mandate enforcement to employers, effectively throwing employers under the bus! WA leadership has quietly shifted all the legal liability on employers because:
- Vaccine companies have immunity from vaccine damages since 1986.
- If an employer requires their employees to get vaccinated as a condition for employment, a VACCINE INJURY becomes a WORKPLACE INJURY.
- If vaccine injury happens, it may not be covered by L&I insurance because all Covid vaccines remain under EUA making them experimental, leaving employers open to SERIOUS litigation.
This worse case liability MUST be teased out before moving forward with any new company policy regarding vaccines, given that governor kingslee is part of the Executive Branch of the government, and, therefore, does not have the authority to make law, even though he views himself as a monarch/king/dictator who would be able to.
The Department of Health, L&I, and the Liquor Board are all working as “agents” of the Executive Branch. They do not have the authority to mandate masks and vaccines either. They are passing the “authority” to you as the employer, so the liability for wrongdoing falls on your shoulders, not theirs.
No court would enforce any State action based on the mandates because there are NO STATUTES to support that any entity other than the Legislature because they, and only they, can impose a law or mandate vaccines (or masks). Courts only get jurisdiction from statutes.
Any agency that is licensed by the state has a CONTRACT (master business license, for example) to follow state and federal laws. The state agencies can’t modify that contract post-fact. It takes both parties to agree to any amendments. If they attempted to amend the contract without your agreement, they would be IN BREACH OF CONTRACT (your business license).
Civil Rights Act of 1964 Title 7 is the authoritative law that ensures non-discrimination to protected classes on religious grounds. This law instructs all workplaces to allow for religious exemptions and sets standards for how ‘reasonable accommodations’ are to be granted.
EEOC (Equal Employment Opportunity Commission) expects a dialog between employee and employer about reasonable accommodations. Blanket claims of “too much risk” or “undue hardship to the employer” are not sufficient or legitimate.
The employer must have conducted tangible measurable assessments shared with the employee if there really is a hardship. Then the employee can still propose other accommodations or amendments. The dialogue is supposed to be a TWO WAY STREET on what is expected and instructed or employers are deemed as acting in a discriminatory fashion.
If employers are being harassed by a state agency, here are some things you can discuss with them. RECORD THE CONVERSATION with your phone’s memo recorder and tell them you are recording (or you can just copy and paste these points, questions, and requests of this first list into a handout to give the state agent if you don’t have time). The first list below is for the initial visit. If they come back, scroll down for the list for the second visit.
- Please send me hard copies of the US constitution and State constitution with highlighted areas that allow for me to do this to my employees and customers without violating their rights.
- There is nothing in my business license – the only contract we have between my business and the state – which compels my business to participate in data collection, screening process, or mandates of any experimental biologics. If you move forward with enforcement, YOU ARE IN BREACH OF CONTRACT.
- If my employees sue me for enforcing your mandates, will you take on all liability, since you are forcing me to enforce them?
- Please show me the statute (RCW), signed with a seal, that compels me to make my employees receive an experimental biologic as a condition of employment.
- I do not have a licensed physician here on hand and cannot provide conditions for Informed Consent.
- For masks – I, nor any of my employees are trained in law enforcement and cannot compel anyone to wear a mask. Read: Article 1 Section 7 of WA state constitution. We don’t have a Warrant (authority of law) and shall not make warrantless seizures on our employees’ or customers’ property (body).
- All my employees are either vaccinated by their choice or have submitted exemptions. My business is unwilling to violate existing non-discrimination laws. Where is the problem?
- What is your plan to compensate me to offset the extra time, effort, and cost of checking vaccine cards and enforcing your mask mandates?
- The “order” says that 720,000 King County residents are not fully vaccinated. That is a lot of potential customers to have to turn away. How will you compensate me for these losses?
- Turning customers away also makes this DISCRIMINATORY: These guidelines, if followed, would affect minorities and those in lower economic brackets disproportionately, as these segments have lower vaccination rates. How will you compensate me for a discrimination lawsuit?
The state requested that you, the business owner, put in place a system to keep your employees and customers safe. It’s ON YOU to create that system. They cannot dictate the system for you. If you believe that reporting symptoms to you is sufficient, that’s your choice.
The King County’s “Verification of Vaccination Order” is “Voluntary.” Jeff Duchin’s “order” (telling certain King County businesses to check for vaccination status) says in bold font on page 5 that compliance is voluntary! The order is also at this link, for ease in sharing: bit.ly/30g18se.
From page 5 of the Order: “As the Local Health Officer, I strongly recommend and urge all people and businesses in King County to voluntarily comply with this ORDER . . . ” [emphasis added]
*Update, the order was revised recently and the word “voluntary” was removed (click here for proof of this from 11/14/21 and prior). However, it’s still just a “recommendation” and the meaning of the order has not changed.
NO ENFORCEMENT OTHER THAN EDUCATION: There is no “enforcement” or penalty for not carrying out the order—just education! If anything, the business may receive notification that there has been a complaint, and public health will provide them information/education.
How will this policy be enforced? As with other Public Health orders, King County will focus on education and outreach to support people in following the health order. If there are complaints of patrons or businesses egregiously not following the order, County officials will contact businesses and event organizers and take action as feasible. King County is working to develop a process for submitting complaints, defining egregious non-compliance, and building a compliance plan into event permit applications.
Regardless of whether you wish to post the sign, the order does not state you will be penalized in any way for not carding your customers for vax status or forcing them to wear masks.
Customers may file complaints, but businesses will receive only a reminder of the guidelines, not penalties – even if penalties are threatened. If penalties are assessed, DO NOT PAY THEM. Take the State to court and the judge will be forced to throw them out due to lack of an RCW backing the mandate.
If the State comes back for a second visit, and/or L&I or DOH attempts to threaten your business, have this list of questions ready for them. RECORD THE CONVERSATION with your phone’s memo recorder and tell them you are recording (or copy and paste into a document to hand them if that’s easier or you don’t have time):
Note: All employers need to beware that the Agents and/or Employees for the Washington State Department of Labor are NOT licensed attorneys, and are not licensed doctors, and cannot give you any legal advice or medical advice.
This list of questions can be a little “over the top” (on purpose), so pick and choose the ones that you like the best, or that apply to your particular situation.
- Can you please tell me your full name, Employee No. and/or Badge No.?
- Would you please send me everything your Department requires in writing to my business address?
- Can you please tell me the name or names of people who advised you to inform me that I am required to inform my employees that they are required to be vaccinated or be terminated from their employment with my company?
- Are you a licensed attorney who has been “authorized to practice law”?
- Are you aware that by you asking me to give false legal advice to my employees that they are required to be vaccinated or lose their job that you could be charged with violating RCW 9A.28.030 Criminal solicitation, by asking me to engage in the “unauthorized practice of law” in violation of RCW 2.48.180?
- Can you please provide me the specific RCW section that confirms I could NOT be charged with “unauthorized practice of law” in violation of RCW 2.48.180, for giving legal advice to my employees?
- Are you a licensed doctor or physician of any type?
- Are you aware that by you asking me to give false medical advice to my employees that they are required to be vaccinated or lose their job that you could be charged with violating RCW 9A.28.030 Criminal solicitation by asking me to engage in RCW 18.130.190 practicing medicine without a license?
- Can you please provide me the specific RCW section that confirms I could NOT be charged with “practicing medicine without a license” in violation of RCW 18.130.190, by telling my employees that they are required to be vaccinated with the Covid 19 Vaccination?
- Are you a licensed pharmacist of any type?
- Are you aware that by you asking me to prescribe that my employees be administered the Covid 19 Vaccine, that you could be charged with violating RCW 9A.28.030 Criminal solicitation by asking me to engage in “practicing pharmacy without a license” in violation of RCW 18.64.020?
- Can you please provide me the specific RCW section that confirms I could NOT be charged with “practicing pharmacy without a license” in violation of RCW 18.64.020, by prescribing my employees that they are required to be administered with the Covid 19 vaccination as contemplated by RCW 18.64.011.
If you use the initial visit (bulleted) list above, followed by the repeat visit (numbered) list of questions here, the State will likely leave you alone and move on to an easier target. You will just be too much work. And if they proceed with “fines” or continued harassment without answering your requests and questions, your court case only gets stronger!
Then if you are forced to move forward switch that court option, they will almost surely leave you alone just from the threat of it because they can’t afford a loss in court, since that would open the floodgates for other businesses to do the same, and make it exponentially easier for those businesses to win in court after you because of your win.
Let’s be clear and call this what it is: TYRANNY. Our founding fathers came here to get away from this very thing. This is why our country has a very unique constitution for us to reference and call upon. No other country has one written like ours.
Stand up for your rights. If you don’t, the tyranny will continue and get worse.
Stand up now, or lay down your liberties – and your kid’s liberties.
As for me, my children will be able to say of me, “Dad did all he could to fight for our freedoms.” Will your kids say that of you?