Fired Employees Sue Nike, NBA Over Covid Vaccine Mandate, By Jondi

COMMUNITY NEWS

Fired Employees Sue Nike, NBA Over Covid Vaccine Mandate

By Jondi Gumz

Two newer Omicron subvariants BQ1.1 and BQ.1 are now more pervasive than BA.5, the variant included in the new bivalent booster for this fall along with the original 2020 coronavirus, which is no longer circulating.

The U.S. Centers for Disease Control & Prevention reported BQ1.1 in the lead comprising 25.5%, then BQ.1, 24.2% and then BA.5, 24%.

Researchers say the new Covid-19 variants are more spreadable but there is no indication they make people sicker than their predecessors.

The U.S. is averaging 300 deaths a day, compared to 3,000 last winter when the Delta variant raged.

Santa Cruz County reports 50 Covid deaths after Omicron, compared to 225 as of Dec. 15, before Omicron.

According to CDC data, vaccinated people made up 42% of Covid deaths in January and February during the peak of the omicron surge, compared with 23% during the Delta surge in September 2021.

In June, a paper co-written by Dr. Stephanie Seneff, MIT researcher, in Food & Chemical Toxicology, reported the MRNA vaccines promote “sustained synthesis” of the spike protein, which suppresses the body’s interferon responses and impairs innate immunity.

Meanwhile, more than 1,000 lawsuits have been filed across the nation challenging vaccine mandates, according to the National Law Review, with 75% against employers.

The latest is Nike, sued by three former senior employees, claiming religious discrimination, medical discrimination and battery after they lost their jobs due to Nike’s vaccination mandate. The former workers, represented by Health Freedom Defense Fund, are seeking punitive damages.

The lawsuit, filed Nov. 15 in the U.S. District Court for the District of Oregon in Portland, alleges Nike refused to consider reasonable accommodations, even though the vaccines did not stop transmission of Covid -19 and the U.S. Supreme Court struck down the Occupational Safety and Health Administration’s mandate that large employers require employees to get vaccinated.

The lawsuit alleges Nike fired Doug Kerkering and Hannah Thibodo because they had a “perceived disability” — their immune systems did not sufficiently protect them from Covid-19, a perceived disability protected under federal law, according to their attorney Scott Street.

The employees, who proposed testing, masking or working from home, were fired.

The third worker, Wanda Rozwadowska, applied for religious accommodation and was denied. She appealed, and Nike granted her request after the vaccine deadline date, so she was coerced into getting the shot, and suffered an autoimmune reaction so severe she could not work, according to Street.

“We want to send a loud and clear message to corporate America that their employees’ rights are not negotiable,” said Leslie Manookian, president of Health Freedom Defense Fund. In October, Nike lifted its vaccine mandate, acknowledging that community spread is possible even when people are fully vaccinated.

On Nov. 12, in a lawsuit filed in Manhattan federal court, longtime NBA referees Kenny Mauer, Mark Ayotte and Jason Phillips said they were fired because they declined to get vaccinated for religious reasons. They are seeking front and back pay and punitive damages.

On Nov. 11, former Washington State University SU football coach Nick Rolovich, sued the university, Washington Gov. Jay Inslee and WSU athletic director Pat Chun seeking damages after he was fired last year for refusing to get the Covid-19 vaccine. Rolovich, who is Catholic, claims discrimination against religion, wrongful withholding of wages, and loss of future income.

WSU Vice President for Marketing and Communications Phil Weiler told The Seattle Times via email that Rolovich’s lawsuit “is wholly without merit” and that the university enforced the vaccine mandate “in a fair and lawful manner.”

He told The Daily Wire host Allison Williams that he refused the vaccine because of the “lack of answers, lack of dialogue” about the effects of the vaccines and his beliefs as a Catholic.

Williams left ESPN after 10 years when ESPN mandated Covid-19 vaccines for all staff.

The Santa Cruz County Office of Education and Superintendent Faris Sabbah have until Dec. 13 to respond to a lawsuit filed by Santa Cruz County Parents United in October.

The lawsuit alleges Sabbah coerced Pajaro Valley Unified, San Lorenzo Valley Unified, Santa Cruz City Schools and private schools Twin Lakes Christian and Waldorf to punitively implement “nonbinding guidance relating to masking, testing and quarantining resulting in emotional damage, discrimination, child endangerment, humiliation, learning loss, and illegal exclusion from school and sports, and harassment.”

After a three-year hiatus due to Covid-19, the Monterey Bay Half Marathon returned, putting Dr. Steven Lome, a plant-based cardiologist, into action. He not only ran the race but also gave CPR to two runners who collapsed.

“I just thought, crazy odds, random event that there were 2 cardiac arrests, and both happened to be right in front of me,” he told the Washington Post.

The Santa Cruz County Office of Education reports 658,200 tests with Inspire Diagnostics.

According to the Santa Cruz Office of Education, cases in schools peaked at 4,407 on Jan. 27, and are now 188.

The 14-day positivity rate, 12.25% on January, is now 1.64%.

Santa Cruz County reports 644 active Covid cases, the first increase after declining since July, and one more death, bringing the total to 275 since the pandemic began in 2020.

The last eight deaths were people who were vaccinated, according to the county dashboard, all 65 or older with medical conditions.

The California Department of Public Health reports 25 patients hospitalized in Santa Cruz County with a positive Covid test, including three in intensive care.

The very contagious BA.5 and waning immunity from vaccines boosted summertime Covid cases.

The new bivalent boosters mix vaccine for the original no-longer circulating strain of SARS-CoV-2 and the previously dominant Omicron variants BA.4 and BA.5, which are far less deadly than the Delta variant.

The bivalent combo was expedited by federal officials who asked drugmakers to test on mice rather than humans. Pfizer submitted data based on 8 mice.

California reports 16% of eligible people had a bivalent booster. In Santa Cruz County, it was 23%.

The federal Centers for Disease Control & Prevention plans to provide a recommended vaccine schedule in 2023.

On Oct. 20, the Advisory Committee on Immunization Practices voted unanimously in favor of adding the Covid vaccine to the federal recommended immunization schedule for children and adults.

“COVID Update” page 9

The latest is Nike, sued by three former senior employees, claiming religious discrimination, medical discrimination and battery after they lost their jobs due to Nike’s vaccination mandate. The former workers, represented by Health Freedom Defense Fund, are seeking punitive damages.

“COVID Update” from page 8

The existing schedule recommends 27 doses of vaccine between birth and age 6.

Starting at 6 months, children should get the Covid vaccine, plus boosters, the committee said.

The committee heard Dr. Tom Shimabukuro report the death of a boy 13 days after his first dose of Pfizer Covid vaccine. The autopsy showed the cause of death was heart inflammation known as myocarditis; tests found no evidence of viral infection.

The death was reported to the federal Vaccine Adverse Effects Reporting System, and verified by the CDC. Committee members determined Covid vaccine benefits outweigh the risks.

The CDC said its recommendation is not a mandate, with the decision up to states, counties and municipal officials.

California’s SB 277 requires students be vaccinated to attend public school; no exemptions for personal belief. Homeschoolers are exempt.

The CDC stopped reporting Covid cases on Sept. 21, recognizing 95% of Americans 16 and up have some immunity, either from vaccination or infection.

On Feb. 28, Gov. Newsom plans to lift the state of Covid-19 emergency.

Local information: www.santacruzhealth. org/coronavirus or (831) 454-4242 from 8 a.m. to 5 p.m. Monday through Friday. n •••

Active Cases: 644

•••

COVID Deaths: 275

As of Nov. 17

Age

85 and older: 121 • 75-84: 63 • 65-74: 49 60-64: 15 • 55-59: 4 • 45-54: 10 35-44: 8 • 25-34: 5

Underlying Conditions

Yes: 225 • No: 50

Vaccinated

Yes: 38 • No: 237

Race

White 162 • Latinx 90 • Asian 16 • Black 3 Amer Indian 1 • Hawaiian 1 • Another 2

Gender

Men: 139 • Women: 136

Location

At facility for aged: 118 Not at a facility: 157

“Ride The Bus” from page 6

Danielle Glagola, Metro’s marketing and communications director, describes it as a “cash-free, contactless mobile ticketing solution that allows riders to purchase fares and display tickets on their smartphone device anytime, anywhere.” For information, visit www.scmtd.com/apps

I used the Splash Pass recently and found it much easier than digging through my pockets for loose change. If someone doesn’t have the exact amount of money to pay for the bus, the Splash Pass spares them the trouble of, say, borrowing change from their friends or worse, missing their ride.

The Metro also makes sure riders can stay up to date with route alerts and schedule changes with their “Schedule-byStop Alerts” or “Subscriber Alerts” online at scmtd.com or by visiting http://scmtd. com/en/riders-guide/stay-connected.

Riders needing to plan their trips, can view real-time route information on bus arrivals and pinpoint where their bus is by using www.cruzmetro.com. Axel considers this feature extremely helpful. Without it, he would need to simply wait for the bus and wonder how long he would need to do so.

There’s also the popular perk–Metro’s complimentary Wi-Fi on board the Highway-17 Express buses that run from the Metro Center in downtown Santa Cruz to Diridon Station in San Jose. The Wi-Fi connection helps keep Marge in contact with family members in San Jose.

The Metro goes a step further. As Axel has experienced, riding the Metro is light on the pocketbook!

The bus line offers several free fare days per year such as on National Transit

“Ortiz” from page 7

After sitting there quiet, motionless, and without feeling so much as a nibble, I realized we were alone.

“Where’s Daddy?” I asked Laura.

“He’s over at the bar near the station, having a beer with his friends,” she said. “So shut up and pay attention to your line.”

“But I thought we were going fishing,” I told her. “I thought Daddy was taking us to the beach to go fishing.”

“Well, we’re at the beach,” she said, staring out into the speckled, glittering ocean herself, never once looking at me.

“And we’re fishing, aren’t we?” n Equity Day and CA Clean Air Day. Glagola revealed that this year, free fares were also offered for the first two weeks of the Metro’s fall 2022 service. Year round, the METRO offers free fares daily on their Watsonville Circulator Route that leaves from the Metro’s Watsonville Transit Center and operates through Watsonville.

There are many reasons to choose public transport over private vehicles. All over Santa Cruz, the Metro is transporting people like Axel, Marge, and me, those of us who are looking to reach places in a sure and ready fashion.

The bus allows people to arrive at medical appointments and social visits, run errands, get to work and visit many outdoor recreation areas such as beaches and parks without hassle. On a bus, riders are spared from dealing with traffic themselves. They can sit back and relax on their way to a destination. Also, gas prices are almost prohibitively high for many car drivers!

The Metro encourages people to ride its buses and not take cars for other good reasons.

“Using public transit is a great way to reduce emissions in our community,” said Glagola. “Just switching out one to two rides per week of personal vehicle use to public transit makes a difference in reducing emissions and congestion on our roads.” With more zero emission buses being purchased by the Metro, emission savings have been increasing. Right now, the Metro runs four electric buses in the county and will receive five more electric buses in 2023 for its Highway-17 Express service.

The Metro, it is good to note, is nearly reaching pre-pandemic levels of ridership.

Glagola said, “Thanks to our colleges moving back to in-person classes we have seen a significant incline in our ridership since the start of the pandemic. In fact, due to college classes starting this fall, Metro ridership actually reached 91% of pre-pandemic levels for September.”

However, many more people still work remotely and no longer need to commute to their jobs. “We haven’t seen a large amount of commuters returning to Metro services,” Glagola observed.

The Santa Cruz Metro bus service could become as popular as riding a personal vehicle rather than as a transport of last resort.

For more information about this great Santa Cruz service, visit www.scmtd.com. n