The case against m@sk m@ndates in schools

As the Taliban takes over control of Afghanistan, women in that country are facing compulsory masking of their bodies and faces, in accordance with Sharia Law. Simultaneously, in West Virginia, and across the U.S., school boards are being confronted by angry parents who are pleading with them not to mandate the forcible masking of children in accordance with the strange new religion of mask virtue we’re now facing in America. I’ve previously discussed the fact that masks do nothing to stop the spread of COVID, in general, and that they’re in fact harming children. I encourage you to review that post, as much of the information in it has already been used to defeat mandates in the State of Kentucky (as explained below), and hopefully soon, in West Virginia.

Liberty and freedom aside, mask mandates in schools are pointless, from a common sense perspective, as well as a scientific perspective. And as Galileo said, “In questions of science, the authority of a thousand is not worth the humble reasoning of a single individual.”

  1. Children play almost no role in spreading COVID
  2. Children are at extremely low risk
  3. Masks don’t stop the spread of COVID in schools
  4. Forced masking harms children

Supreme Court Justice Clarence Thomas has written about the concept of liberty, in general, as we have defined it in America, and before the Founding, in English history and jurisprudence, dating back to the signing of the Magna Carta, as at its core, the “freedom from physical restraint.” The freedom to breathe, without physical restraint over the mouths of our children, is liberty guaranteed to us not only by our Founding Fathers, our English common law heritage, but also as a natural right given by God.

This information is excerpted by the lawsuit(s) we’re getting ready to file challenging school-level mask mandates being implemented in certain counties around West Virginia. The filed versions, which will be posted here in their entirety, after filing, will contain the actual footnote citations to this material. All of this information is documented.

CHILDREN PLAY ALMOST NO ROLE IN SPREADING COVID-19

A study on the spread of COVID-19 in the Icelandic population in 2020 failed to find a single incident of child-to-adult transmission in over 600 SARS-CoV-2 positive people who were included in the study. The researchers used genome-sequencing and contract tracing to identify the manner of the disease’s spread through the community. The genome-sequencing allowed the researchers to definitively conclude that none of the cases spread from a child to an adult.

Another study from Korea of 107 pediatric cases and 248 household contacts failed to find a single instance of a child infecting an adult with COVID-19. In fact, the study found only one instance of a child infecting anyone, except for one case of a 16 year old infecting a 14 year old sibling. Interestingly, both of the siblings’ parents tested negative.

Sweden did not close schools during either Spring or Fall of 2020 when they received waves of COVID-19 transmissions. They did not require that students or teachers wear masks. The results of a country-wide survey was published on February 18, 2021. The analysis showed that deaths in Sweden’s school children did not increase in the four months of the study period relative to any other period, despite school children being unmasked and attending school. Moreover, it found that nationally, fewer than 10 preschool teachers, and 20 schoolteachers who contracted COVID during the period received intensive care. Fortunately, none of the teachers died. The study showed that the relative risk to teachers versus other professions was, in the case of preschool teachers, 1.1, and for other teachers, 0.43 percent.

The nationwide Swedish results are corroborated by other studies which have found that spending time with children no only doesn’t place adults at greater risk, but is actually protective to the adults. A recent study from the U.K. of more than 12 million adults, shows that while people who lived with children were at no higher risk of contracting COVID-19, for those under 65, they were 25% less likely to die. For those over 65, there was no difference in outcomes.

Several recent studies have shown that when in-school transmission does occur, teachers (who have been masked) are central to those transmission networks. A recent CDC report investigated nine clusters across six school districts in Cobb County, Georgia. Of those nine clusters, eight involved a teacher. In the one cluster where a student was the sole index case, the student only infected other students. Notably all of the children infected were masked all day, except during lunch, which was taken in the classroom.

A recent study in the German state of Rhineland-Palatinate, a state with a population of 4.1 million, 1,492 schools and 406,000 school age children, concluded that transmission from teachers was four times higher than from students. Moreover, when a teacher was infected, they were 14 times more likely to transmit the disease to another teacher, rather than a student. The study also concluded that a teacher who contracted COVID-19 was 2.5 times more likely to transmit the disease to a child, than a child to a teacher.

CHILDREN ARE AT EXTREMELY LOW RISK

Based on the CDC’s estimated number of infections by age through December 26, 2020, COVID-19 poses a significantly lower risk to school age children than the flu. For children age 5 through 17, data shows that COVID-19 is 1/4 as deadly as the common flu.

CDC data also shows that on average, people dying of COVID-19 had multiple co-morbidities (3.8). In New York City, data shows that of all deaths, only 0.5% of them occurred in people who did not have a comorbidity. Antibody studies of those infected established that 1.6 million people in New York City had been infected. Even among the older age groups, the risk of death for healthy people from COVID is similar to that of dying in childbirth – 3 out of 10,000 – and several times higher than their risk of dying by accidental death. 

On May 19, 2021, New York magazine published a story highlighting new studies showing that the pediatric hospitalization numbers for COVID have likely been dramatically inflated throughout the country. The first study, published in the official journal of the American Academy of Pediatrics, was conducted by Stanford researchers and examined 117 reputed COVID hospitalizations among those under 18 at a children’s hospital in Northern California. They found that just 7.7% exhibited severe illness and 12.8% critical illness. Overall, 45% were classified as “unlikely to be caused by SARSCoV2,” and it appears that most of the others weren’t suffering life-threatening illness.

The second study, published in the same journal, found in America’s fifth-largest hospital that, among patients younger than 22, 40% had “incidental infection,” only 47% were “potentially symptomatic,” and just 14% were “significantly symptomatic.” They further found that “Fifty-five percent of incidental and 47% of potentially symptomatic patients had at least one identified comorbidity, while 90% of significantly symptomatic patients had at least one.”

As Drs. Monica Gandhi and Amy Beck wrote in a commentary for Hospital Pediatrics that accompanied the two studies, “Taken together, these studies underscore the importance of clearly distinguishing between children hospitalized with SARS-CoV-2 found on universal testing versus those hospitalized for COVID-19 disease.” They further conclude that the data also “greatly overestimate the true burden of COVID-19 disease in children.”

In addition to the revelations that pediatric hospitalizations have been wrongly attributed to COVID, the CDC has stated based on an analysis of death certificates that 35.2% of all reputed pediatric COVID deaths “could not be plausibly categorized as either a chain-of-event or significant contributing condition.”

MASKS DON’T STOP THE SPREAD OF COVID IN SCHOOLS

On June 8, 2021, the Boone Circuit Court in the Commonwealth of Kentucky issued a judgment order following extensive litigation and an evidentiary hearing held on May 17, 2021 in a lawsuit against the Governor of Kentucky, challenging his executive orders pertaining to COVID, including his mask mandate. On June 15, 2021, that order was expanded to apply statewide in Kentucky.

At the May 17 evidentiary hearing in that case, Stephen E. Petty, P.E., CIH, testified as an expert witness on the issue of the validity of mask mandates as a measure to prevent the spread of COVID-19. The Court noted that Mr. Petty has previously served as an expert witness in approximately 400 cases related to toxic or infectious exposure, personal protective equipment (“PPE”), and as a warning expert. The Court also noted that he served as an expert in the Monsanto “Roundup” cases, and for those in the Dupont C8 litigation, and that in connection with his service as an expert, he was deposed nearly 100 times and has provided court testimony in approximately 20 trials. The Court found that Mr. Petty holds nine U.S. patents, has written a book comprising nearly 1,000 pages on forensics engineering, is a certified industrial hygienist, and a recognized expert with the Occupational Safety and Health Agency. 

The Court made the following findings regarding Mr. Petty’s testimony:

Mr. Petty explained that the field of his expertise is “to anticipate and recognize and control things that could hurt people, everything from making them sick to killing them.” He testified that, in this context, he has analyzed the use of masks and social distancing in connection with Covid-19. He testified that both the six-foot-distancing rule, and mask mandates, are wholly ineffective at reducing the spread of this virus. Masks are worthless, he explained, because they are not capable of filtering anything as small as Covid-19 aerosols. In addition, masks are not respirators and lack the limited protections that respirators can provide.

The N-95 respirator, which he states is in the bottom class of what may be classified as a respirator, is rated to filter 95% of all particles that are larger than .3 microns. However, a Covid-19 particle, which is only between .09 to .12 micron, is much smaller. Mr. Petty further explained that an N-95 will not even filter above .3 microns if it is not used in accordance with industry standards. Among the requirements, respirators must be properly fitted to seal along the face, and they also must be timely replaced. Mr. Petty stated that N-95 masks, which he said are often utilized as surgical masks, are “not intended to keep infectious disease from either the surgeon or from the patient infecting each other” but only to catch the “big droplets” from the surgeon’s mouth.” 

According to Mr. Petty, masks have no standards, are not respirators, and do not even qualify as protective equipment. In contrast, respirators have standards, including rules that state respirators may not be worn by persons with facial hair, must be fitted to ensure a seal, and must be timely replaced—or, as in higher end respirators, the cartridges must be replaced to prevent saturation. In addition, standards for respirators also require users to obtain a medical clearance because the breathing restriction can impair lung function or cause other problems for persons having such limitations. Putting those persons in a respirator can harm their well-being. 

Concerning the effectiveness of respirators, Mr. Petty explained that it comes down to “big stuff” versus “small stuff.” Big stuff can be taken out by the body’s defenses, such as its mucus tissue, where droplets can be caught and eliminated. The small stuff, however—like aerosols—are more dangerous. Masks cannot filter the small stuff. According to Petty, because Covid-19 particles are comprised of aerosols, it is really, really, small stuff. And, as he pointed out, an N-95 is designed to filter larger particles. Even for particles as large as .3 micron, Mr. Petty testified that an N-95’s effectiveness is in direct proportion to its seal. In fact, he stated it becomes completely ineffective if 3% or more of the contact area with the face is not sealed. 

Mr. Petty testified that masks leak, do not filter out the small stuff, cannot be sealed, are commonly worn by persons with facial hair, and may be contaminated due to repetitive use and the manner of use. He emphatically stated that mask wearing provides no benefit whatsoever, either to the wearer or others. 

He explained that the big droplets fall to the ground right away, the smaller droplets will float longer, and aerosols will remain suspended for days or longer if the air is stirred. Mr. Petty testified that the duration of time that particles remain suspended can be determined using “Stoke’s Law.” Based on it, for particles the size of Covid-19 (.12 to .09 micron) to fall five feet would take between 5 and 58 days in still air. Thus, particles are suspended in the air even from previous days. And so, he asks, “If it takes days for the particles to fall, how in the world does a six-foot rule have any meaning?” 

Mr. Petty acknowledged that both OSHA and CDC have recommended that people wear masks. However, he called this “at best dishonest.” As an example on this, he pointed to CDC guidance documents where, on page 1, it recommends wearing a mask; but then on page 6, admits that “masks, do not provide . . . a reliable level of protection from . . . smaller airborne particles.” According to Mr. Petty, those agencies have smart individuals who know better. Mr. Petty points out that, even before March 2020, it was known that Covid-19 particles are tiny aerosols. And on this, he states that he insisted that fact early on. He also points to a more recent letter by numerous medical researchers, physicians and experts with Ph.D.s, asking the CDC to address the implications of Covid-19 aerosols. During Dr. Stack’s subsequent testimony, he also acknowledged that Covid-19 is spread “by . . . airborne transmission that could be aerosols . . . .” 

Finally, Mr. Petty pointed to another recent study by Ben Sheldon of Stanford University out of Palo Alto. According to that study, “both the medical and non-medical face masks are ineffective to block human-to-human transmission of viral and infectious diseases, such as SARS, CoV-2 and COVID-19.” The Court finds the opinions expressed by Mr. Petty firmly established in logic. The inescapable conclusion from his testimony is that ordering masks to stop Covid-19 is like putting up chain-link fencing to keep out mosquitos. The six-foot- distancing requirements fare no better. 

While the American CDC was being “dishonest,” the European CDC recently posted an update to their masking guidance, advising that, “Evidence for the effectiveness of non-medical face masks, face shields/visors and respirators in the community is scarce and of very low certainty.”

In May of 2020, the CDC published a report on non-pharmaceutical measures for protecting against pandemic influenza in non-healthcare settings. After reviewing all of the studies worldwide, the CDC found “no reduction in viral transmission with the use of face masks”:

Although mechanistic studies support the potential effect of hand hygiene or face masks, evidence from 14 randomized controlled trials of these measures did not support a substantial effect on transmission of laboratory-confirmed influenza. We similarly found limited evidence on the effectiveness of improved hygiene and environmental cleaning.

In mid-2020, one of the world’s foremost influenza researchers, Dr. Donald Milton was quoted in the New York Times observing that, “We’ve been studying the flu for 102 years and still don’t know for sure how it’s transmitted.” In the study itself, Dr. Milton elaborates:

Influenza virus is a pathogen of global health significance, but human-to-human transmission remains poorly understood. In particular, the relative importance of the different modes of transmission (direct and indirect contact, large droplet, and aerosols (airborne droplet nuclei)) remains uncertain during symptomatic and asymptomatic infection.

Infection control guidance for pandemic and seasonal influenza assumes that most transmission occurs during symptomatic infection, predominantly via large droplet spread at short range. Thus, social distancing measures are often proposed to mitigate the spread and impact of a pandemic; and hand washing and respiratory etiquette are promoted to reduce transmission. Evidence to support the possibility of aerosol transmission has grown over recent years and leads to controversies about when and if filtering facepiece respirators (and other precautions designed to prevent inhalation of aerosols) versus surgical masks (mainly capable of reducing large droplets and some fine particles) should be used to protect healthcare workers, particularly during a severe pandemic.

While the CDC was clinging to an outdated understanding of flu transmission, a large number of scientists proactively forced their hand, along with the World Health Organization (“WHO”), to finally acknowledge that aerosol transmission of COVID was a major, and perhaps the dominant, method of transmission for the disease. 

In another study by Dr. Donald Milton, he discusses the inefficacy of masks in containing aerosol virus particles:

Together the studies show that surgical masks can limit the emission of large droplet spray and aerosol droplets larger than 5 µm. However, surgical masks are not as efficient at preventing release of very small particles. It is well known that surgical masks are not effective for preventing exposure to fine particles when worn as personal protection. We had hypothesized that when used as source control, exhaled droplets might be large enough prior to evaporation to be effectively captured, primarily through impaction. This appears to be true for virus carried in coarse particles. But the majority of virus in the exhaled aerosol appear to be in the fine fraction that is not well contained.

Dr. Milton wrote that, if aerosol droplets are smaller than 5 microns, “It is well known that surgical masks are not effective for preventing exposure to fine particles when worn as personal protection,” and that “the majority of virus in the exhaled aerosol appear to be in the fine fraction that is not well-contained.”

A 2013 study showed that 87% of infectious aerosols were less than 4.7 microns, which is smaller than what is effectively trapped by a surgical mask, and suggested re-evaluation of then-existing WHO guidelines on the efficacy of surgical masks in the prevention of virus transmission in healthcare settings. That study didn’t further define the size of virus particulates below the threshold of 4.7 microns – though other studies have.

A 2008 study found that during normal breathing, significant amounts of virus was shed, and that “over 87% of the exhaled particles were under 1 [micron] and less than 0.1% were larger than 5 [micron].” The authors estimated that the majority of the aerosols were less than 0.5 micron, which is ten times less than the 5 micron level that Dr. Milton notes as being the threshold below which surgical masks are no longer effective.

A 2018 study further demonstrated that the majority of infectious virus was found in fine aerosols, and that the primary source of generation for those aerosols was simply breathing – not speaking – and showed “that sneezing is rare and not important for – and that coughing is not required for – influenza virus aerosolization.”

A June 2020 study from two Wuhan hospitals showed that COVID virus particles were of similar size to traditional influenza particles. The study reported that COVID virus was found in aerosols between 0.2 and 0.5 microns.

The CDC relied on a study from the American Chemical Society for their double-masking recommendation, as well as their multi-layer homemade mask recommendation. However, the study data shows that with 1% gaps (which are much smaller than what is observed in real life), the filtration of N-95 masks drops between 12% and 34%, depending on particle size; surgical masks drops down to 44-50%, and the homemade cotton/silk masks drops to around 20%. The argument that “even a little protection is good,” is flawed. Research suggests that it’s the smallest particles, carrying the least amount of virus which are the most infectious and cause the most severe disease as they deposit deep within the lungs, and that they can be infectious at very low doses – as little as 300 to 3000 viral copies. Moreover, normal breathing produces roughly 38,000 viral copies within the fine aerosols in a half hour.

A study performed  in the 1980s, to assess the effectiveness of surgical masks at containing particles during surgery, found that when placing “tracer” particles on the inside of the mask, in every single case, these particles were subsequently found in the patient’s wound. These “tracer” particles were much larger than COVID particles just by virtue of the fact that they were observed through a microscope. The aerosols that appear to carry COVID and flu are substantially smaller than what can be observed through a microscope. 

Emerging empirical evidence establishes that mask mandates have not worked. Rational Ground performed a county-by-county analysis of case growth for those counties with mask mandates, and those without, between 5/15 and 12/15. The results are shown below. Nationally, cases were roughly 40% higher, 27 cases/day/100,000, in those counties with mask mandates, vs. 17 cases/day/100,000 in those counties without. 

After Texas lifted their mask mandate on March 3, 2021, new COVID cases dropped by 49% through April 7. Meanwhile in Michigan, New York and New Jersey, cases rose by 60% and were 333% higher than Texas. 

In West Virginia, there wasn’t a single day after the issuance of the mask mandate where cases were lower than they were before it. In fact, cases rose 1789% afterwards. West Virginia’s hospitalizations for COVID coincidentally happened to follow the same natural curve as neighboring states with a similar climate (IL, IN, KS, MO and OH).

The prestigious Annals of Internal Medicine published a Danish mask study which examined the difference in SARS-CoV-2 infection rates among people who did not receive a recommendation to wear a mask, compared to people who did receive a recommendation to wear a mask. The results of this massive real-life controlled experiment show that the group that received a recommendation to wear surgical masks in April experienced a 0.38% lower infection rate than the control group that did not wear masks. That is about one-third of one percent, which is so low that it could just be statistically random variances that demonstrate no definitive efficacy even to that infinitesimal level. There was a total of roughly 3,000 people in each group of the study, which would make this the largest study ever conducted on the efficacy of a mask recommendation. “The recommendation to wear surgical masks to supplement other public health measures did not reduce the SARS-CoV-2 infection rate among wearers by more than 50% in a community with modest infection rates, some degree of social distancing, and uncommon general mask use,” concluded the authors. “The data were compatible with lesser degrees of self-protection.”

In accordance with this, the past 10 randomized controlled trials identified by the CDC on the spread of influenza showed zero efficacy of mask-wearing against the flu.

In a July 2020 CDC study, 85% of those convalescent COVID patients surveyed reported that they wore masks always or most of the time during the lead-up to their infection period. More than 70% of those outpatient individuals who tested positive reported always wearing masks. Just 3.9% reported never wearing a mask.

The CDC survey illustrates the reality of COVID transmission around the world, which for the most part took place after strict mask mandates had already been in place.

Before the masking issue became political, Dr. Anthony Fauci scoffed at the notion that wearing masks would serve any use in the COVID pandemic. “There’s no reason to be walking around with a mask,” he told “60 Minutes” on March 8, 2020. “The masks sold at drugstores aren’t even good enough to truly protect anyone,” Fauci told USA TODAY’s editorial board on Feb. 17. “If you look at the masks that you buy in a drug store, the leakage around that doesn’t do much to protect you. … Now, in the United States, there is absolutely no reason to wear a mask.” Several weeks later, Surgeon General Jerome Adams, appearing on “Fox & Friends” on March 31, 2020, stated that studies showed that medical students who wear masks touch their faces 23 times more often, and thus one has to assume that “wearing a mask improperly can actually increase your risk of getting disease.”

FORCED MASKING HARMS CHILDREN

The states with the strictest mask mandates also happen to be the states with the fewest children learning in-person. The myth being perpetuated by the CDC that they know how to control COVID, has robbed roughly half of the children in the U.S of more than a year’s education.

The first results of a German study of over 26,000 children and adolescents show 68% of parents reported impairments in their children as a result of forced mask-wearing, including the following side effects: irritability (60%), headache (53%), difficulty concentrating (50%), decreased happiness (49%), malaise (42%), impaired learning (38%), and fatigue (37%). The data reported 49.3% less happy children and 44% children who do not want to go to school anymore. 25.3% of the children stated they have developed new anxieties. In each case, children in the age category 7-12 years were affected most. In additional, there is the “fear of stigmatization both by wearing and not wearing a mask in the social environment.” Many parents also reported nightmares and anxiety disorders that relate to masked people whose facial expressions and identity are not recognizable to the children.

A 2010 paper from Harvard University observed that damage can be caused by exposing children to endless fear and anxiety: “Ensuring that young children have safe, secure environments in which to grow, learn, and develop healthy brains and bodies is not only good for the children themselves but also builds a strong foundation for a thriving, prosperous society,” wrote the National Scientific Council on the Developing Child for Harvard University. “Science shows that early exposure to circumstances that produce persistent fear and chronic anxiety can have lifelong consequences by disrupting the developing architecture of the brain.”

Data released on June 11, 2021 by the CDC shows that suicide attempts by children 12 to 17 years old spiked substantially during the pandemic, including a rise of 50.6% for girls from February 2021 through March of 2021. The study theorizes that the stresses of the COVID-19 pandemic may have been toxic to the mental health of young people. They noted that, “Young persons might represent a group at high risk because they might have been particularly affected by mitigation measures, such as physical distancing (including a lack of connectedness to schools, teachers, and peers)….”

Dr. Mary Rutherford testified as an expert witness in the area of public health medicine at the evidentiary hearing in Boone Circuit Court. Dr. Rutherford obtained her master’s degree in public health at John Hopkins University, with a focus on epidemiology. She worked for Dr. Fauci for a total of nine years, the first six at National Institute of Allergy and Infectious Diseases, and the latter three at the National Institute of Health. She co-authored an international, peer reviewed article titled, “Multi-treatment of Early Ambulatory High Risk SARS/COV-2 Infection.” She testified that she has treated nearly 100 patients for COVID-19 in her private practice. She is board certified in addiction medicine, and is the past Chair and current board member of the American Academy of Family Physicians. 

Dr. Rutherford testified that studies analyzing the effect of government mandates on COVID infection rates, hospitalizations and deaths, formed the basis for her opinion that “government actions such as border closures, full lockdowns and a high rate of COVID-19 testing, were not associated with statistically significant reductions in the number of critical cases or overall mortality.” She also testified that “the strigency of measures settled to fight pandemia, including lockdown, did not appear to be linked with the death rate.” Moreover, Dr. Rutherford opined that government interventions actually lead to more deaths overall, and that instead, the focus should have been only on those determined to be high risk, such as those over 70 years of age. Dr. Rutherford testified that, in her opinion, “the government’s actions have inflicted more harm and death.” 

Researchers in Germany conducted a blinded randomized controlled trial of 45 children wearing masks and measured the baseline carbon dioxide levels during inhalation and exhalation behind various masks as compared to the levels of unmasked children. The results are concerning:

We measured means (SDs) between 13 120 (384) and 13 910 (374) ppm of carbon dioxide in inhaled air under surgical and filtering facepiece 2 (FFP2) masks, which is higher than what is already deemed unacceptable by the German Federal Environmental Office by a factor of 6. This was a value reached after 3 minutes of measurement. Children under normal conditions in schools wear such masks for a mean of 270 (interquartile range, 120-390) minutes. The Figure shows that the value of the child with the lowest carbon dioxide level was 3-fold greater than the limit of 0.2 % by volume. The youngest children had the highest values, with one 7-year-old child’s carbon dioxide level measured at 25 000 ppm. (Emphasis added.)

The German researchers concluded that there is a concern of forced mask wearing causing hypercapnia, and as such, children should not be forced to wear masks.

Common sense dictates that children forcibly masked in school settings engage in substantial mask re-usage. In some circumstances, such as re-using already-worn masks, mask usage can cause more harm than good. A study published in the Physics of Fluids scientific journal demonstrated that wearing a used mask is potentially riskier than wearing no mask at all. Researchers found that wearing a mask “significantly slows down” airflow and alters “particle motions near the face,” making people using already-worn masks more vulnerable to inhaling aerosols in the nasal region.

A group of parents contacted a lab because they were concerned about the potential of contaminants on masks that their children were forced to wear all day. They sent their kids’ face masks to the lab for analysis. The press release issued on June 16, 2021 announced that the following “11 alarmingly dangerous pathogens” were found on the masks:

  • • Streptococcus pneumoniae (pneumonia) 
  • • Mycobacterium tuberculosis (tuberculosis) 
  • • Neisseria meningitidis (meningitis, sepsis) 
  • • Acanthamoeba polyphaga (keratitis and granulomatous amebic encephalitis) 
  • • Acinetobacter baumanni (pneumonia, blood stream infections, meningitis, UTIs— resistant to antibiotics) 
  • • Escherichia coli (food poisoning)
  • • Borrelia burgdorferi (causes Lyme disease)
  • • Corynebacterium diphtheriae (diphtheria)
  • • Legionella pneumophila (Legionnaires’ disease) 
  • • Staphylococcus pyogenes serotype M3 (severe infections—high morbidity rates) 
  • • Staphylococcus aureus (meningitis, sepsis)

Half of the masks were contaminated with one or more strains of pneumonia-causing bacteria. One-third were contaminated with one or more strains of meningitis-causing bacteria. One-third were contaminated with dangerous, antibiotic-resistant bacterial pathogens. In addition, less dangerous pathogens were identified, including pathogens that can cause fever, ulcers, acne, yeast infections, strep throat, periodontal disease, Rocky Mountain Spotted Fever, and more. 

At this point, what difference does it make?

In the time of C.S. Lewis, fear of nuclear annihilation was the fear of the day. Rather than let the fear destroy our lives, Lewis argued that, when nuclear annihilation comes, if it does, let it find us doing useful things, and leading productive lives:

“In one way we think a great deal too much of the atomic bomb. ‘How are we to live in an atomic age?’ I am tempted to reply: ‘Why, as you would have lived in the sixteenth century when the plague visited London almost every year, or as you would have lived in a Viking age when raiders from Scandinavia might land and cut your throat any night; or indeed, as you are already living in an age of cancer, an age of syphilis, an age of paralysis, an age of air raids, an age of railway accidents, an age of motor accidents.’

“In other words, do not let us begin by exaggerating the novelty of our situation. Believe me, dear sir or madam, you and all whom you love were already sentenced to death before the atomic bomb was invented: and quite a high percentage of us were going to die in unpleasant ways. We had, indeed, one very great advantage over our ancestors — anesthetics; but we have that still. It is perfectly ridiculous to go about whimpering and drawing long faces because the scientists have added one more chance of painful and premature death to a world which already bristled with such chances and in which death itself was not a chance at all, but a certainty.

“This is the first point to be made: and the first action to be taken is to pull ourselves together. If we are all going to be destroyed by an atomic bomb, let that bomb when it comes find us doing sensible and human things — praying, working, teaching, reading, listening to music, bathing the children, playing tennis, chatting to our friends over a pint and a game of darts — not huddled together like frightened sheep and thinking about bombs. 

They may break our bodies (a microbe can do that) but they need not dominate our minds.” – C.S. Lewis

Family Court Judges vs. Judicial Investigation Commission

The saga of the Family Court Judges attempting to sway justice in the case of the Family Court Judge Search Case continues. As I already posted about, I sent a FOIA request to the Family Court Judicial Association to ascertain, among other things, who actually voted to engage in this conduct. Their lawyer responded, as I expected, denying that they are accountable to the public via FOIA:

So this is like saying that any group of government officials can just form their own “voluntary association” and then conduct business pertaining to their official jobs, and even use their government employees, emails, and so on, and yet avoid FOIA accountability. We’ll have to see about that.

Here are some of the recent filings flying back and forth in their efforts at intervening in the pending disciplinary matter involving Judge Goldston:

Here is Judge Goldston’s brief to the Supreme Court in this matter, apparently emboldened by the support of her colleagues, attempting to get out of the discipline she had already agreed to:

Kentucky Judge Invalidates All of Governor Bashear’s State of Emergency Actions

Today my colleague from Kentucky, Chris Wiest, received an awesome ruling from the Circuit Court of Boone County declaring that all of Governor Andy Bashear’s emergency orders and actions are unconstitutional and void. The ruling was in the state-court challenge to the governor’s emergency powers executive orders, filed by Wiest on behalf of Beans Cafe’ & Bakery.

Dr. Stephen Petty, an actual expert in masks, testified at the trial about their uselessness under the circumstances in which they’re being idolized. Here’s an excerpt from the order pertaining to Dr. Petty. For those bureaucrats and social media tyrants who would censor this, this is from an actual court order issued today. Not that you care:

Stephen E. Petty, P.E., CIH, testified as an expert and was accepted as such without objection. Mr. Petty has served as an expert witness in approximately 400 cases relating to toxic or infectious exposure, personal protective equipment (“PPE”), and as a warning expert. He also served as an epidemiology expert for the plaintiffs in the Monsanto “Roundup” cases, and for those in the Dupont C8 litigation. In connection with his service as an expert, he was deposed nearly 100 times and has provided court testimony in approximately 20 trials. Mr. Petty holds nine U.S. patents, has written a book comprising nearly 1,000 pages on forensics engineering, is a certified industrial hygienist, and a recognized expert with the Occupational Safety and Health Agency. Mr. Petty helped write the rules on risk assessment for the State of Ohio and has trained Ohio’s risk assessors.

Mr. Petty explained that the field of his expertise is “to anticipate and recognize and control things that could hurt people, everything from making them sick to killing them.” He testified that, in this context, he has analyzed the use of masks and social distancing in connection with Covid-19. He testified that both the six-foot-distancing rule, and mask mandates, are wholly ineffective at reducing the spread of this virus. Masks are worthless, he explained, because they are not capable of filtering anything as small as Covid-19 aerosols. In addition, masks are not respirators and lack the limited protections that respirators can provide.

The N-95 respirator, which he states is in the bottom class of what may be classified as a respirator, is rated to filter 95% of all particles that are larger than .3 microns. However, a Covid-19 particle, which is only between .09 to .12 micron, is much smaller. Mr. Petty further explained that an N-95 will not even filter above .3 microns if it is not used in accordance with industry standards. Among the requirements, respirators must be properly fitted to seal along the face, and they also must be timely replaced. Mr. Petty stated that N-95 masks, which he said are often utilized as surgical masks, are “not intended to keep infectious disease from either the surgeon or from the patient infecting each other” but only to catch the “big droplets” from the surgeon’s mouth.”

According to Mr. Petty, masks have no standards, are not respirators, and do not even qualify as protective equipment. In contrast, respirators have standards, including rules that state respirators may not be worn by persons with facial hair, must be fitted to ensure a seal, and must be timely replaced—or, as in higher end respirators, the cartridges must be replaced to prevent saturation. In addition, standards for respirators also require users to obtain a medical clearance because the breathing restriction can impair lung function or cause other problems for persons having such limitations. Putting those persons in a respirator can harm their well-being.

Concerning the effectiveness of respirators, Mr. Petty explained that it comes down to “big stuff” versus “small stuff.” Big stuff can be taken out by the body’s defenses, such as its mucus tissue, where droplets can be caught and eliminated. The small stuff, however—like aerosols—are more dangerous. Masks cannot filter the small stuff. According to Petty, because Covid-19 particles are comprised of aerosols, it is really, really, small stuff. And, as he pointed out, an N-95 is designed to filter larger particles. Even for particles as large as .3 micron, Mr. Petty testified that an N-95’s effectiveness is in direct proportion to its seal. In fact, he stated it becomes completely ineffective if 3% or more of the contact area with the face is not sealed.

Mr. Petty testified that masks leak, do not filter out the small stuff, cannot be sealed, are commonly worn by persons with facial hair, and may be contaminated due to repetitive use and the manner of use. He emphatically stated that mask wearing provides no benefit whatsoever, either to the wearer or others.

He explained that the big droplets fall to the ground right away, the smaller droplets will float longer, and aerosols will remain suspended for days or longer if the air is stirred. Mr. Petty testified that the duration of time that particles remain suspended can be determined using “Stoke’s Law.” Based on it, for particles the size of Covid-19 (.12 to .09 micron) to fall five feet would take between 5 and 58 days in still air. Thus, particles are suspended in the air even from previous days. And so, he asks, “If it takes days for the particles to fall, how in the world does a six-foot rule have any meaning?”

Mr. Petty acknowledged that both OSHA and CDC have recommended that people wear masks. However, he called this “at best dishonest.”61 As an example on this, he pointed to CDC guidance documents where, on page 1, it recommends wearing a mask; but then on page 6, admits that “masks, do not provide . . . a reliable level of protection from . . . smaller airborne particles.”62 According to Mr. Petty, those agencies have smart individuals who know better. Mr. Petty points out that, even before March 2020, it was known that Covid-19 particles are tiny aerosols. And on this, he states that he insisted that fact early on. He also points to a more recent letter by numerous medical researchers, physicians and experts with Ph.D.s, asking the CDC to address the implications of Covid-19 aerosols. During Dr. Stack’s subsequent testimony, he also acknowledged that Covid-19 is spread “by . . . airborne transmission that could be aerosols . . . .”

Finally, Mr. Petty pointed to another recent study by Ben Sheldon of Stanford University out of Palo Alto. According to that study, “both the medical and non-medical face masks are ineffective to block human-to-human transmission of viral and infectious diseases, such as SARS, CoV-2 and COVID-19.”64 The Court finds the opinions expressed by Mr. Petty firmly established in logic. The inescapable conclusion from his testimony is that ordering masks to stop Covid-19 is like putting up chain-link fencing to keep out mosquitos. The six-foot- distancing requirements fare no better.

The judge summarizes the situation nicely:

It is obvious from even a cursory review that the orders issued over the past fifteen months “attempt to control” and seek “to form and determine future rights and duties” of Kentucky citizens. These included ordering the closure of all businesses, except those the Governor deemed essential. He ordered churches closed, prohibited social gatherings, including at weddings and funerals, prohibited travel, and through CHFS, even prohibited citizens from receiving scheduled surgeries and access to medical care. And then there is the order that everyone wear a mask. These are, undeniably, attempts to control, set policy, and determine rights and duties of the citizenry. Except in those instances where the federal courts have stepped in, Defendants assert authority to modify or re-impose these orders at their sole discretion. Consider, for example, the recent modification of the mask mandate. It orders persons who did not get vaccinated for Covid-19 to wear masks but lifts that requirement for others. That is setting policy and determining future rights and duties.

 At the hearing, Defendants took exception to the Attorney General’s characterization of the Governor’s actions as a “lockdown,” and argued that prohibiting persons from entering those restaurants is not the same as ordering that they be closed. But that doesn’t minimize the impact on those who lost their businesses as a result, or those in nursing homes condemned to spend their final hours alone, deprived of the comfort from loved ones (or even any real contact with humanity), or those citizens who the Governor prohibited from celebrating their wedding day with more than ten persons, or those he forced to bury their dead alone, without the consoling presence of family and friends (and who likewise were deprived of paying their final respects), or those persons who were barred from entering church to worship Almighty God during Holy Week, and even Easter Sunday, or those persons who were denied access to health care, including cancer-screenings, or those denied entry into government buildings (which they pay for with their taxes) in order to obtain a necessary license, and who were forced to wait outside for hours in the sweltering heat, or rain, purportedly to keep them from getting sick.

 What the people have endured over the past fifteen months—to borrow a phrase from United States District Judge Justin R. Walker—“is something this Court never expected to see outside the pages of a dystopian novel.” Yet, Defendants contend that the Governor’s rule by mere emergency decree must continue indefinitely, and independent of legislative limits. In effect, Defendants seek declaratory judgment that the Constitution provides this broad power so long as he utters the word, “emergency.” It does not. For this Court to accept Defendant’s position would not be honoring its oath to support the Constitution; it would be tantamount to a coup d’état against it.

Here’s the order itself:

Yes, life is now a dystopian novel. Let’s hope this patriot judge’s order stands up on appeal in the state appellate courts in Kentucky. And thanks to Chris Wiest and the AG of Kentucky for fighting the good fight. The order notes that the permanent injunction against the governor goes into effect on June 10, 2021 at 5:00 p.m.

Lawsuit Filed Against Chicago Company for Mandating the Vaccination of West Virginia Employees

Today we filed suit against Enlivant, a Chicago company who owns and operates an assisted living facility in Greenbrier County, West Virginia operating as Seasons Place Assisted Living. On June 1, 2021 they terminated my client, Stephanie McCutcheon, for refusing to take an unapproved non-mandatory vaccine for COVID-19.

This is the letter Stephanie received from the Human Resources Director in Chicago after complaining about the company’s verbal vaccine mandate. As you can see, knowing it was a violation of federal law to mandate the vaccine, they attempted to frame her termination as a resignation.

Given that it appears to be a form letter, they have apparently done this to other employees. They have assisted living facilities in numerous states.

Our legal theory is a state-law based claim of retaliatory discharge. Basically, as everyone knows, West Virginia is an at-will employment state. However, there was an exception created in Harless v. First National Bank, 162 W.Va. 116, 246 S.E.2d 270 (1978), which provides that:

The rule that an employer has an absolute right to discharge an at will employee must be tempered by the principle that where the employer’s motivation for the discharge is to contravene some substantial public policy principle, then the employer may be liable to the employee for damages occasioned by this discharge.

The State Supreme Court has defined the areas from which “public policy” may derive:

“The sources determinative of public policy are, among others, our federal and state constitutions, our public statutes, our judicial decisions, the applicable principles of the common law, the acknowledged prevailing concepts of the federal and state governments relating to and affecting the safety, health, morals and general welfare of the people for whom government—with us—is factually established.”

See Frohnapfel v. ArcelorMittal USA LLC, 235 W.Va. 165, 772 S.E.2d 350 (W. Va. 2015)

So federal laws and regulations may form the basis of “public policy.” Now whether that public policy is “substantial” depends on whether it’s “widely regarded as to be evident to employers.” No doubt that requirement is met in this case. A quick google search will reveal an enormous amount of discussion and advice regarding the legality of employers mandating the vaccine. But we shall see….

Here’s the lawsuit, in full, which lays out the facts and law pertaining to the COVID-19 vaccines at the current time:

Here are the exhibits, including the EUA letter to Pfizer:

We are asking for an expedited hearing for a preliminary injunction enjoining Enlivant from terminating employees for choosing not to take a non-mandatory, unapproved vaccine, and directing that my client be re-hired, as well as a declaration that a private employer may not terminate or take adverse action against employees for choosing not to take the COVID vaccine. We are also seeking money damages, punitive damages and attorney fees.

Media Reports:

https://wvrecord.com/stories/602196867-employee-sues-assisted-living-facility-after-she-was-fired-for-refusing-to-take-covid-vaccine

State Supreme Court Issues Opinion in the Wayne County Lawsuit against the Governor

Today the West Virginia Supreme Court issued their opinion from the lawsuit we filed against the Governor on behalf of the Wayne County Republican Party. We already knew they ruled against us. But now we know the reasoning. If you recall, there were two competing letters: one from the Wayne County Chair, and one from the State Republican Party. In the end, the Court essentially threw both of them out, and held that the Governor gets to choose his own replacement after 15 days. This was probably something the legislature should have addressed already, as the opinion points out.

Conspiracy of Family Court Judges EXPOSED

This is absolutely outrageous. Apparently, there’s a secret society style organization of Family Court judges in West Virginia, who held a meeting and signed a resolution asking the West Virginia Supreme Court to fire the judicial disciplinary counsel prosecutors, who are currently engaged in the disciplinary prosecution of Judge Goldston in what has been termed the “Family Court Judge Search Case.” This was then leaked to the media by the judges, none of whom would agree to go on the record, but rather opted to work from the shadows.

The “Outlaw Barber” Arrested for Refusing to Close During the Lockdown Files Civil Rights Lawsuit

Today we filed suit in the case of the “Outlaw Barber,” Winerd “Les” Jenkins, a 73 year old combat veteran and former 27-year Deputy U.S. Marshall, who was arrested for refusing to close his barbershop during the Governor’s lockdown in April of 2020. We filed a Section 1983 civil rights lawsuit in federal court, in the Northern District of West Virginia.

The case was detailed last year in a Federalist article titled, West Virginia Barber’s Arrest Shows Failings Of The Bureaucratic State:

When Winerd “Les” Jenkins first became a barber, Neil Armstrong hadn’t yet set foot on the moon. For over five decades, Jenkins has made a living with his scissors and razor. For the past decade, he’s worked his craft from a storefront in Inwood, West Virginia. At Les’ Place Traditional Barber Shop, you can get a regular men’s haircut for $16 and a shave for $14—but come prepared to pay the old-fashioned way: in cash.

His insistence on “cash only” isn’t the only thing that’s old-school about Jenkins. He lives with his wife of 52 years on a small farm, where the couple raises rescued animals. He believes in paying his bills on time. He doesn’t use the internet, email, or text messaging. And he’s skeptical that his profession can become illegal overnight merely on the governor’s say-so.

He was ultimately arrested by two deputies from the Berkeley County Sheriff’s Office, who transported Mr. Jenkins for incarceration and charged him with “obstructing” an officer. The prosecuting attorney’s office of that county then aggressively prosecuted Mr. Jenkins for the better part of a year, until the judge finally dismissed the charge in January of 2021, finding that it would be a violation of Mr. Jenkins’s constitutional rights to prosecute him for violating the governor’s executive order.

We asserted two separate violations of Mr. Jenkins’ Fourth Amendment rights (unreasonable search and seizure and false arrest), as well as a violation of Mr. Jenkins’ First Amendment rights. It’s already been assigned a case number. Read it for yourself:

I’ve already revealed the body cam footage from one of the deputies, which caught much of the interaction on video:

“To whom it may concern” letter detailing the fact that it is illegal under federal law to mandate COVID vaccines

Here is a “to whom it may concern” letter for those in West Virginia who are being threatened with, or subjected to, COVID vaccine mandates:

Thanks to Chris Wiest in Kentucky for the assistance in generating the substance of the letter.

Gun Rights Discussion with Luis Valdes of Gun Owners of America

Just today the WV Governor signed a bill making WV a Second Amendment sanctuary of sorts from the federal government. There’s a lot of things going on in the world of federal gun control efforts at the moment. The GOA – Gun Owners of America is neck deep in fighting back against it. With me tonight is Luis Valdes, the Florida Director of the GOA, a well known Second Amendment advocate to discuss what’s going on.

Join me live at 6:30 p.m. ET.

The Civil Rights Lawyer’s Reaction to the Chauvin Verdict

I (The Civil Rights Lawyer), as someone who practices in the area of #ExcessiveForce#CivilRightsLitigation​, give my analysis on the #ChauvinVerdict​ from yesterday. I’ll take you through the actual jury instructions to explain what the jury decided. And also what they did not decide.

Here’s the recent study data I discuss in the video. Polling data established that the media and irresponsible politicians and social justice warriors have majorly skewed public perception on so-called systematic racism in police shootings. Here’s the data to review for yourself:

So, the respondents, after being asked whether they identify as liberal or conservative, were asked,“If you had to guess, how many unarmed Black men were killed by police in 2019?” Over 22% of people identifying themselves as “very liberal” responded that they believed 10,000 or more unarmed black men were killed by police in 2019. Even 13% of people identifying themselves as “conservative” placed the number at 10,000 or more. Over 40% of conservatives thought the number was at least 100 or more.

In reality, the number is actually between 13 and 27 unarmed black men who were killed by police in 2019.

The Washington Post has created a database of every known deadly police shooting in America since 2015.  As of April 14, 2021, 6,211 people have been shot and killed by law enforcement officers.  46% of them—2,883 to be exact—were white, while 24% (1,496 total) were black. Just 6% were unarmed.

One of the most pernicious myths about police shootings is that officers shoot unarmed black men at an alarming rate, when in fact just 2% of the people who were killed by an officer were unarmed and black.  Since the beginning of 2015, law enforcement officers across the country have actually killed 33 more unarmed white people than unarmed black people.

https://www.maciverinstitute.com/2021/04/the-truth-about-police-shootings-in-america/

The statistics do show that black people are statistically more likely, per capita, to be shot and killed by police. How is this explained? The assumption used by the media and politicians is some sort of implicit or systematic racism, bias or prejudice. But that’s ignoring all other statistics.

The most recent, which was published in Proceedings of the National Academy of Sciences in 2019, found “no significant evidence of antiblack disparity in the likelihood of being fatally shot by police,” and instead determined that “race-specific county-level violent crime strongly predicts the race of the civilian shot.”

https://www.maciverinstitute.com/2021/04/the-truth-about-police-shootings-in-america/

Engage in more criminal activity and you have more interactions with police. More interactions with police equals more shootings, both justified and unjustified.

For instance, although blacks comprise just 13% of the US population, they accounted for 53% of the murder and non-negligent manslaughter arrests in 2018 (the most recent year for which FBI crime data is available), 54% of all robbery arrests, and 37% of all violent crime arrests.  Whites, on the other hand, comprise 76% of the population but made up just 44% of the murder and non-negligent manslaughter, 43% of the robbery, and 59% of the total violent crime arrests.

Since victims of and witnesses to violent crimes are invariably the ones who report them to police—and since victims are almost always of the same race as the perpetrator—police officer racism is not a factor in the wide disparity of arrests.

In Milwaukee, for instance, The Milwaukee Journal Sentinel’s homicide tracker has recorded 890 total murders in the city since the beginning of 2015.  A staggering 79% of the victims are black.  In 2021, that percentage has jumped to 91%, as 31 of the 34 people killed in Milwaukee as of this writing were black.

The unfortunate reality is that just as blacks are statistically far more likely to be the victims of homicide or other violent crimes, they are also statistically more likely to commit violent crimes that would bring them into conflict with a law enforcement officer with his or her gun drawn.

https://www.maciverinstitute.com/2021/04/the-truth-about-police-shootings-in-america/

ETA: My appearance on the Tom Roton Show this morning: