Individuals not respecting PHOs and claiming to be vaccinated
Has anyone dealt with individuals claiming that they do not have to comply with public health restrictions (such as respecting closures or mask wearing) because they have been vaccinated? We had this issue come up recently at our airport.
ADAM LEUSCHEL
assistant city attorney
o 505.768.4667
f 505.768.4525
aleuschel@cabq.govhttps://www.cabq.gov/
Confidentiality Notice: This e-mail and its attachments are for the personal and confidential use of the named recipient(s) only and are intended, to the fullest extent permitted by law, to be privileged and confidential as an attorney-client communication and/or work product. If you are not an intended recipient, or an agent responsible for delivering it to an intended recipient, you have received this e-mail in error. In that event, please (i) immediately notify me by reply e-mail, (ii) do not review, copy, save, forward, or print this e-mail or any of its attachments, and (iii) immediately delete and/or destroy this e-mail and its attachments and all copies thereof. Thank you for your cooperation.
I have not heard of that coming up here. I'm curious, were they prepared to show proof or is this like the folks that want to claim they can't wear a mask for non-specified "medical" reasons?
I don't know that reasoning with these folks is time well spent, but you could point out:
- The regulation do not exempt those who have been vaccinated
- Experts have not ruled out the possibility that vaccinated persons can spread the disease
[cid:image001.png@01D6F3EF.A20A0FB0]http://www.dallascitynews.net/
Don Knight
Senior Assistant City Attorney
City of Dallas
Dallas City Attorney's Office
Government Services Section
General Counsel Division
1500 Marilla St., 7DN
Dallas, TX 75201
O: 214-670-3224
don.knight@dallascityhall.commailto:don.knight@dallascityhall.com
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From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Leuschel, Adam
Sent: Tuesday, January 26, 2021 2:10 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Individuals not respecting PHOs and claiming to be vaccinated
External Email!
Has anyone dealt with individuals claiming that they do not have to comply with public health restrictions (such as respecting closures or mask wearing) because they have been vaccinated? We had this issue come up recently at our airport.
ADAM LEUSCHEL
assistant city attorney
o 505.768.4667
f 505.768.4525
aleuschel@cabq.govhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.cabq.gov%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7C4e9d6e28137b45e5ae4208d8c2366c83%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637472886305237366%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=VBXXxGKON4U2kLut%2BU1BwQ9LD1HquIrPpF4N2XwnGcY%3D&reserved=0
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These folks were similar to the folks who are claiming a "medical" exemption for not wearing a mask without proof. Our folks did what others are suggesting, but we were curious to see if others had encountered this issue or handled it differently.
ADAM LEUSCHEL
assistant city attorney
o 505.768.4667
f 505.768.4525
aleuschel@cabq.govhttps://www.cabq.gov/
Confidentiality Notice: This e-mail and its attachments are for the personal and confidential use of the named recipient(s) only and are intended, to the fullest extent permitted by law, to be privileged and confidential as an attorney-client communication and/or work product. If you are not an intended recipient, or an agent responsible for delivering it to an intended recipient, you have received this e-mail in error. In that event, please (i) immediately notify me by reply e-mail, (ii) do not review, copy, save, forward, or print this e-mail or any of its attachments, and (iii) immediately delete and/or destroy this e-mail and its attachments and all copies thereof. Thank you for your cooperation.
From: Knight, Donald don.knight@dallascityhall.com
Sent: Tuesday, January 26, 2021 1:29 PM
To: Leuschel, Adam; disasterrelief@lists.imla.org
Subject: RE: Individuals not respecting PHOs and claiming to be vaccinated
External
I have not heard of that coming up here. I’m curious, were they prepared to show proof or is this like the folks that want to claim they can’t wear a mask for non-specified “medical” reasons?
I don’t know that reasoning with these folks is time well spent, but you could point out:
- The regulation do not exempt those who have been vaccinated
- Experts have not ruled out the possibility that vaccinated persons can spread the disease
[cid:image001.png@01D6F3EF.A20A0FB0]https://hes32-ctp.trendmicro.com:443/wis/clicktime/v1/query?url=http%3a%2f%2fwww.dallascitynews.net&umid=385a3b52-3f85-4a48-a83f-a3c6669f5974&auth=c5e193b2792d33bbda0d14ee5f909adbb398f028-abc8f71009a0b1098f25360975661903ea698fd8
Don Knight
Senior Assistant City Attorney
City of Dallas
Dallas City Attorney’s Office
Government Services Section
General Counsel Division
1500 Marilla St., 7DN
Dallas, TX 75201
O: 214-670-3224
don.knight@dallascityhall.commailto:don.knight@dallascityhall.com
DO NOT FORWARD WITHOUT SPECIFIC PERMISSION TO DO SO
Please be advised that this e-mail is subject to being disclosed pursuant to a request for public information under the Texas Public Information Act.
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From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Leuschel, Adam
Sent: Tuesday, January 26, 2021 2:10 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Individuals not respecting PHOs and claiming to be vaccinated
External Email!
Has anyone dealt with individuals claiming that they do not have to comply with public health restrictions (such as respecting closures or mask wearing) because they have been vaccinated? We had this issue come up recently at our airport.
ADAM LEUSCHEL
assistant city attorney
o 505.768.4667
f 505.768.4525
aleuschel@cabq.govhttps://hes32-ctp.trendmicro.com:443/wis/clicktime/v1/query?url=https%3a%2f%2fgcc02.safelinks.protection.outlook.com%2f%3furl%3dhttps%253A%252F%252Fwww.cabq.gov%252F%26data%3d04%257C01%257Cdon.knight%2540dallascityhall.com%257C4e9d6e28137b45e5ae4208d8c2366c83%257C2935709ec10c4809a302852d369f8700%257C0%257C0%257C637472886305237366%257CUnknown%257CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%253D%257C1000%26sdata%3dVBXXxGKON4U2kLut%252BU1BwQ9LD1HquIrPpF4N2XwnGcY%253D%26reserved%3d0&umid=385a3b52-3f85-4a48-a83f-a3c6669f5974&auth=c5e193b2792d33bbda0d14ee5f909adbb398f028-7334edf76478f7d053faf362d7da2305258c8690
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Good points. Nothing like that here so far.
Susana Alcala Wood
City Attorney
Office of the City Attorney
City of Sacramento, California
915 I Street, 4th Floor
Sacramento, CA 95814
(916) 808-5346
Pronouns: she/her
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Knight, Donald
Sent: Tuesday, January 26, 2021 12:29 PM
To: Leuschel, Adam aleuschel@cabq.gov; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Individuals not respecting PHOs and claiming to be vaccinated
I have not heard of that coming up here. I'm curious, were they prepared to show proof or is this like the folks that want to claim they can't wear a mask for non-specified "medical" reasons?
I don't know that reasoning with these folks is time well spent, but you could point out:
- The regulation do not exempt those who have been vaccinated
- Experts have not ruled out the possibility that vaccinated persons can spread the disease
[cid:image001.png@01D6F3E8.BA04D750]http://www.dallascitynews.net/
Don Knight
Senior Assistant City Attorney
City of Dallas
Dallas City Attorney's Office
Government Services Section
General Counsel Division
1500 Marilla St., 7DN
Dallas, TX 75201
O: 214-670-3224
don.knight@dallascityhall.commailto:don.knight@dallascityhall.com
DO NOT FORWARD WITHOUT SPECIFIC PERMISSION TO DO SO
Please be advised that this e-mail is subject to being disclosed pursuant to a request for public information under the Texas Public Information Act.
CONFIDENTIALITY NOTICE: This communication, including attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient of this communication, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, you are notified that any use, dissemination, distribution, or copying of the communication is strictly prohibited, may be unlawful, and are requested to reply to this email to notify the sender that you have received the communication in error and promptly delete this e-mail, including attachments without reading or saving them in any manner. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Leuschel, Adam
Sent: Tuesday, January 26, 2021 2:10 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Individuals not respecting PHOs and claiming to be vaccinated
External Email!
Has anyone dealt with individuals claiming that they do not have to comply with public health restrictions (such as respecting closures or mask wearing) because they have been vaccinated? We had this issue come up recently at our airport.
ADAM LEUSCHEL
assistant city attorney
o 505.768.4667
f 505.768.4525
aleuschel@cabq.govhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.cabq.gov%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7C4e9d6e28137b45e5ae4208d8c2366c83%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637472886305237366%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=VBXXxGKON4U2kLut%2BU1BwQ9LD1HquIrPpF4N2XwnGcY%3D&reserved=0
Confidentiality Notice: This e-mail and its attachments are for the personal and confidential use of the named recipient(s) only and are intended, to the fullest extent permitted by law, to be privileged and confidential as an attorney-client communication and/or work product. If you are not an intended recipient, or an agent responsible for delivering it to an intended recipient, you have received this e-mail in error. In that event, please (i) immediately notify me by reply e-mail, (ii) do not review, copy, save, forward, or print this e-mail or any of its attachments, and (iii) immediately delete and/or destroy this e-mail and its attachments and all copies thereof. Thank you for your cooperation.
CAUTION: This email originated from outside of the organization. Please, do not click links or open attachments unless you recognize the sender and know the content is safe.
Since the public health experts do not yet know all of the facts surrounding the vaccine's protection and virus transmissibility, we continue to require masks or face shields. We have consistently taken the position that those that claim an exemption from the mask requirement must then wear a face shield or are denied access. We also provide the face shields to members of the public. That solved our problem in most cases but we still have a Sheriff that will not enforce any rules, regulations or laws related to COVID-19.
Gregory P. Priamos
County Counsel
County of Riverside
gpriamos@rivco.orgmailto:gpriamos@rivco.org
951.955.6300
[cid:image001.png@01D6F3F0.764E4570]
CONFIDENTIALITY NOTICE: This communication is intended for the use of the individual or entity to which it is addressed and may contain attorney work product and/or attorney client information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient or the employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify our office by reply e-mail or by telephone and immediately delete this communication and all its attachments.
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Susana Alcala Wood
Sent: Tuesday, January 26, 2021 1:40 PM
To: Knight, Donald don.knight@dallascityhall.com; Leuschel, Adam aleuschel@cabq.gov; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Individuals not respecting PHOs and claiming to be vaccinated
Good points. Nothing like that here so far.
Susana Alcala Wood
City Attorney
Office of the City Attorney
City of Sacramento, California
915 I Street, 4th Floor
Sacramento, CA 95814
(916) 808-5346
Pronouns: she/her
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Knight, Donald
Sent: Tuesday, January 26, 2021 12:29 PM
To: Leuschel, Adam <aleuschel@cabq.govmailto:aleuschel@cabq.gov>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Individuals not respecting PHOs and claiming to be vaccinated
I have not heard of that coming up here. I'm curious, were they prepared to show proof or is this like the folks that want to claim they can't wear a mask for non-specified "medical" reasons?
I don't know that reasoning with these folks is time well spent, but you could point out:
- The regulation do not exempt those who have been vaccinated
- Experts have not ruled out the possibility that vaccinated persons can spread the disease
[cid:image004.png@01D6F3F0.74DCDB20]https://urldefense.com/v3/__http:/www.dallascitynews.net/__;!!JTyGX330HN5x6Ko!VGvfmlhLiDe89PVgOX32iXp79bOXuFkFJF4wKaBsOuUUXpAc7AE8B0AVfh5P8ns$
Don Knight
Senior Assistant City Attorney
City of Dallas
Dallas City Attorney's Office
Government Services Section
General Counsel Division
1500 Marilla St., 7DN
Dallas, TX 75201
O: 214-670-3224
don.knight@dallascityhall.commailto:don.knight@dallascityhall.com
DO NOT FORWARD WITHOUT SPECIFIC PERMISSION TO DO SO
Please be advised that this e-mail is subject to being disclosed pursuant to a request for public information under the Texas Public Information Act.
CONFIDENTIALITY NOTICE: This communication, including attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient of this communication, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, you are notified that any use, dissemination, distribution, or copying of the communication is strictly prohibited, may be unlawful, and are requested to reply to this email to notify the sender that you have received the communication in error and promptly delete this e-mail, including attachments without reading or saving them in any manner. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Leuschel, Adam
Sent: Tuesday, January 26, 2021 2:10 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Individuals not respecting PHOs and claiming to be vaccinated
External Email!
Has anyone dealt with individuals claiming that they do not have to comply with public health restrictions (such as respecting closures or mask wearing) because they have been vaccinated? We had this issue come up recently at our airport.
ADAM LEUSCHEL
assistant city attorney
o 505.768.4667
f 505.768.4525
aleuschel@cabq.govhttps://urldefense.com/v3/__https:/gcc02.safelinks.protection.outlook.com/?url=https*3A*2F*2Fwww.cabq.gov*2F&data=04*7C01*7Cdon.knight*40dallascityhall.com*7C4e9d6e28137b45e5ae4208d8c2366c83*7C2935709ec10c4809a302852d369f8700*7C0*7C0*7C637472886305237366*7CUnknown*7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0*3D*7C1000&sdata=VBXXxGKON4U2kLut*2BU1BwQ9LD1HquIrPpF4N2XwnGcY*3D&reserved=0__;JSUlJSUlJSUlJSUlJSUlJSUl!!JTyGX330HN5x6Ko!VGvfmlhLiDe89PVgOX32iXp79bOXuFkFJF4wKaBsOuUUXpAc7AE8B0AV2XCsK5w$
Confidentiality Notice: This e-mail and its attachments are for the personal and confidential use of the named recipient(s) only and are intended, to the fullest extent permitted by law, to be privileged and confidential as an attorney-client communication and/or work product. If you are not an intended recipient, or an agent responsible for delivering it to an intended recipient, you have received this e-mail in error. In that event, please (i) immediately notify me by reply e-mail, (ii) do not review, copy, save, forward, or print this e-mail or any of its attachments, and (iii) immediately delete and/or destroy this e-mail and its attachments and all copies thereof. Thank you for your cooperation.
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County of Riverside California http://www.countyofriverside.us/
