Are These Findings the Death Blow for Vaccine Passports?

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While governments around the world are going full steam ahead with plans for vaccine passports, two key things have occurred that blow irreparable holes in the whole argument.

More than 15 studies show that natural immunity obtained from COVID-19 treatment is better and more lasting than any COVID shots. Second, there have been lawsuits challenging vaccine requirements which do not allow natural immunity to be used in lieu of COVID injections. Another lawsuit was filed to highlight the legalities of mandated vaccines.

The Zywicki Case

As reported by the New York Post,¹ August 4, 2021, when George Mason University in Virginia decided to implement a vaccine mandate, law professor Todd Zywicki sued.² Mason recovered from COVID-19 in 2020 and has natural immunity, as demonstrated by several antibody tests. One of his attorneys, Harriet Hageman, stated:

"Common sense and medical science should underpin GMU's actions. Both have gone missing with this latest effort to force a distinguished professor to take a vaccine that he does not need — not for his own protection nor for anyone else's safety at Scalia Law School."

The lawsuit pointed out that people with natural immunity have an increased risk of adverse reactions to the COVID shot — according to one study³ up to 4.4 times the risk of clinically significant side effects — and that the requirement not only violates due process rights and the right to refuse unwanted medical treatment, but is not compliant with the Emergency Use Authorization.⁴

A Win for GMU Professor but No Legal Precedent

August 17, 2021, George Mason University caved before the case went to trial and granted Zywicki a medical exemption to the vaccine requirement.⁵ Unfortunately, and irrationally, the school did not revise its general policy. As reported by Citizens Journal:⁶

"The school's acknowledgment of natural immunity is significant given the serial case of amnesia that seems to have overtaken the world on this basic point of biology.

The GMU still requires that everyone in the community be immunized, regardless of natural immunity. The same exemption for medical reasons has not yet been extended to a wider audience at the time this article was written.

The lawsuit could have been a test case in vaccine mandate-related litigation. This will only get more common over time. Regardless, the victory still serves as a sliver of hope that some universities will entertain reasonable arguments and that individuals can fight back with litigation …

With the GMU case resolved without trial, many critical legal arguments went untested. Is the 14th Amendment's Due Process Clause applicable to vaccine mandates? Or does the state have the right to suspend these rights in response to a public emergency of health?

What does natural immunity's reliability have to do with the constitution of policies that don't recognize it? Is it possible for the government to cherry-pick any science that is necessary to support its policies? According to the court filing,⁷

'The Supreme Court has recognized that the Ninth and Fourteenth Amendments protect an individual's right to privacy. A 'forcible injection … into a nonconsenting person's body represents a substantial interference with that person's liberty[.]' Washington v. Harper, 494 U.S. 210, 229 (1990).'

This precedent and the state's power to suspend individuals rights in compelling circumstances make it difficult to see how this will apply to Covid-19 on a campus.

Given that Covid-19, a mild and rare disease, the right to apply it still applies. … The move is also mysterious, given the relevance of the matter. The move did not set a precedent and was therefore non-binding.

In a statement, lead counsel Jenin Younes with the New Civil Liberties Alliance, said:⁸

"NCLA is pleased that GMU granted Professor Zywicki's medical exemption, which we believe it only did because he filed this lawsuit. GMU claims that Prof. Zywicki can continue to serve the GMU community as he did for over two decades without needing a vaccine or incurring undue hardship.

Nevertheless, NCLA remains dismayed by GMU's refusal — along with many other public and private universities and other employers — to recognize that the science establishes beyond any doubt that natural immunity is as robust or more so than vaccine immunity."

Other Lawsuits Challenging Schools' Vaccine Mandates

While not specifically centered around the validity of natural immunity, a lawsuit filed by more than a dozen students and Children's Health Defense against Rutgers University in New Jersey does include this aspect, as some of the plaintiffs object to the mandate on the basis that they have natural immunity. This lawsuit was filed in mid-August 2021⁹ and is still pending.

California Educators for Medical Freedom sued Los Angeles Unified School District in April 2021 over their vaccine requirements.¹⁰ July 27, a California court dismissed the lawsuit without prejudice, as it concluded the LAUSD had voluntarily abandoned its mandatory vaccine requirement. As reported by The Defender:¹¹

"This is a BIG win — because of the lawsuit, LAUSD represented to the court on the record that it does not have a policy requiring vaccination with EUA products. All teachers and staff can return to work after the court confirmed that there is no policy at LAUSD that requires vaccination.

It will be interesting to see if Rutgers University's Children's Health Defense lawsuit against Rutgers University creates the legal precedent necessary for more effective reversal of this evil trend. Even small victories like Zywicki's can be important. They show that there is a way to fight back, provided we are willing.

Natural Immunity Surpasses Vaccine-Induced Protection

While vaccine passports are immoral and unconstitutional in and of themselves, medical science is also proving them useless and irrational. As reported by Daniel Horowitz in an August 25, 2021, article in The Blaze,¹² there are at least 15 studies that show natural immunity from previous infection is more robust and longer-lasting than what you get from the COVID shot. He writes:

"The debate over forced vaccination with an ever-waning vaccine is cresting right around the time when the debate should be moot for a lot of people. The CDC has been using deceitful tactics to make it seem as though they are forcing people with previous infection to get the vaccine. They have a higher level of protection than anyone who is vaccinated against the entire virus.

Let's get this straight: Natural immunity to SARS/CoV-2 is stronger, longer-lasting, and more effective than all the vaccines on the market. This reality must be reflected in our policies.

Data shows that vaccine immunity decreases rapidly regardless of the variants and especially when there is a dominant variant. According to the Mayo Clinic, as of July 2021, Pfizer's COVID injection was only 42% effective against infection,¹³ which doesn't even meet the Food and Drug Administration's requirement of 50% efficacy¹⁴ for COVID vaccines.

These data match Israeli data which indicate that Pfizer's shot increased in effectiveness from 95% at the beginning to 64% by July 2021, and then 39% when the Delta strain was predominant.^15,16 Pfizer's own trial data also demonstrate rapidly waning effectiveness. In a blog post dated August 23, 2021 by Peter Doshi, BMJ associate editor, Peter Doshi addressed this issue.¹⁷

By the fifth month into the trial, efficacy had dropped from 96% to 84%, and this drop could not be due to the emergence of the Delta variant since 77% of trial participants were in the U.S., where the Delta variant didn't emerge until months later. Even without the predominance or emergence of a new variant, efficacy drops. In an August 20, 2021, report, BPR noted:¹⁸

"'The data we will publish today and next week demonstrate the vaccine effectiveness against SARS COVID 2 infection is waning,' the CDC director [Rochelle Walensky] began … She cited reports of international colleagues, including Israel 'suggest increased risk of severe disease amongst those vaccinated early' …

'In the context of these concerns, we are planning for Americans to receive booster shots starting next month to maximize vaccine induced protection. Our plan is to protect the American people and to stay ahead of this virus,' Walensky shared …

The CDC director appears to all but admit that the vaccine's efficacy rate has a strict time limit, and its protections are limited in the ever-changing environment."

You're Far Safer Around a Naturally Immune Person

Add to this a) the fact that the COVID shots do not prevent infection or spread of the virus and b) the fact that COVID-jabbed individuals carry the same viral load when symptomatic as unvaccinated individuals,^19,20 and the whole argument that vaccine passports will identify and separate "public health threats" from those who are "safe" to be around simply fails miserably.

Horowitz noted that anyone who is able to reason will understand that someone with natural immunity against a prior infection is much safer than one who has had vaccines, but no previous infection.²¹

As for the unvaccinated who do not have natural immunity from prior infection, well, their status poses no increased risk to anyone but themselves. However, as the COVID shot does not protect against infection transmission and can only be used to lower your chances of getting serious illnesses, only the person who has received the shot will benefit. The shot does not protect anyone else.

You may be more at risk than others if you have mild symptoms or no symptoms but a high viral load. This means that you are less likely to get sick and will continue to live as normal. You should not stay home if you believe you are infected. Instead, you spread the virus among others, unvaccinated as well.

What do the studies say about this virus?

Horowitz discusses 15 studies which should end the controversy about COVID and immunity. Below are a handful of these studies. The original Blaze article contains more details.²²

We're Creating a Pandemic of the Vaccinated

If natural immunity is better than vaccine-induced antibodies, you'd expect to see fewer reinfections among those who have already had COVID-19, compared to breakthrough infections occurring among those who got the COVID shot. This is exactly what we are seeing.

In a preprint titled "Necessity of COVID-19 Vaccination in Previously Infected Individuals,"²⁸ the researchers looked at reinfection rates among previously infected health care workers in the Cleveland Clinic system.

None of the 1,359 COVID-19-positive frontline workers were reinfected within 10 months after the start of the pandemic.

A second preprint,²⁹ posted August 25, 2021, compared SARS-CoV-2 natural immunity to vaccine-induced immunity by looking at reinfection and breakthrough rates. SARS/CoV-2 infections, symptomatic diseases, COVID-19 related hospitalizations, and death were all considered.

Results showed that, compared to those with natural immunity, SARS-CoV-2-naïve individuals who had received a two-dose regimen of Pfizer's COVID shot had:³⁰

• A 5.96-fold increased risk for breakthrough infection
• A 7.13-fold increased risk for symptomatic disease
• A 13.06-fold increased risk for breakthrough infection with the Delta variant
• A higher risk for COVID-19-related-hospitalizations

After adjusting for comorbidities, SARS-CoV-2-naïve individuals who had received two Pfizer doses were 27.02 times more likely to experience symptomatic breakthrough infection than those with natural immunity.³¹ No deaths were reported in either of the groups. In closing the authors concluded:³²

"This study demonstrated that natural immunity confers longer lasting and stronger protection against infection, symptomatic disease and hospitalization caused by the Delta variant of SARS-CoV-2, compared to the BNT162b2 two-dose vaccine-induced immunity."

Majority of Hospitalizations Are Actually in the Vaccinated

The oft-repeated refrain is that we're in a "pandemic of the unvaccinated," meaning those who have not received the COVID jab make up the bulk of those hospitalized and dying from the Delta variant. We are already beginning to see a shift in hospitalizations from those not vaccinated to those who received one or two shots.

As shown in the graphs, Israel's fully-vaccinated made up most of the serious cases and COVID related deaths during July 2021.³³ The red is unvaccinated, yellow refers to partially "vaccinated" and green fully "vaccinated" with two doses. Half of all serious cases had been diagnosed in patients who had two COVID injections by mid-August.³⁴

Data from the U.K. show a similar trend among those over the age of 50. These people are responsible for 73% of all COVID deaths and 68% hospitalizations.³⁵

Data³⁶ from the U.S. Centers for Disease Control and Prevention also refute the "pandemic of the unvaccinated" narrative. In a Barnstable County outbreak in Massachusetts between July 6,2021, July 25, 2021 and July 25, 20,21, 469 cases of COVID were reported.

Seventy-four percent of those tested positive had been given two COVID shots and are considered to be "fully vaccinated". The WHO used different standards to diagnose non-jabbed people and jabbed persons, but 80% of COVID related hospitalizations also occurred within this group.^37,38

COVID Shot May Harm Immunity in Those Previously Infected

While the authors of that August 25, 2021, preprint³⁹ claim in their abstract that "Individuals who were both previously infected with SARS-CoV-2 and given a single dose of the vaccine gained additional protection against the Delta variant," in the body of the article they admit they "could not demonstrate significance in our cohort."

The finding, unless it is proven to be significant, is unimportant. I wouldn't rely on the paper if I was trying to advocate for vaccines against those who have natural immunity. Besides, there's research⁴⁰ showing the COVID shots may actually harm the superior T cell immunity built up from prior infection, especially after the second dose. As reported by Horowitz in The Blaze:⁴¹

"Immunologists from Mount Sinai in New York and Hospital La Paz in Madrid have raised serious concerns. They discovered shocking results after monitoring individuals with or without previous infection. The second vaccination dose did not increase humoral immunity and caused contractions in spike-specific T cells.

Other research also shows that the second vaccine dose seems to be detrimental in terms of overall spike-specific humoral reaction in COVID-19 recovering individuals.

Arguments for Vaccine Passports Are Null and Void

FEE.org reported the August 25 findings under the headline, "Harvard Epidemiologist Says the Case for COVID Vaccine Passports Was Just Demolished":⁴²

"Harvard Medical School professor Martin Kulldorff said research showing that natural immunity offers exponentially more protection than vaccines means vaccine passports are both unscientific and discriminatory, since they disproportionately affect working class individuals.

'Prior COVID disease (many working class) provides better immunity than vaccines (many professionals), so vaccine mandates are not only scientific nonsense, they are also discriminatory and unethical,' Kulldorff, a biostatistician and epidemiologist, observed on Twitter …

Vaccine passports would be immoral and a massive government overreach even in the absence of these findings. This is the first time in history that governments have attempted to limit movement of healthy persons due to a respiratory disease.

These revelations make it seem ridiculous to justify vaccine passports. People with COVID have significantly greater protection against the virus than those who are vaccinated.

People without COVID who choose not to get vaccinated might be making the wrong decision. If they do, however they put themselves and their health at great risk.

Positive Signs

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While we still have a long and likely hard fight ahead of us, there is reason to be optimistic. In a recent TikTok video,⁴³ a young man named Ari Hasanaj who lives in New York City describes how he printed up posters that say:

"We do not discriminate against ANY customer based on sex, gender, race, creed, age, vaccinated or unvaccinated. We welcome all customers to our shop.

After that, he went from store to store asking owners if they'd be willing to display the sign at their front door in protest of NYC's new vaccine passport requirement. Most of them said yes. He now asks others to support him in his efforts.

From September 10th, 2021 in Denmark, vaccination passports won't be allowed to prevent movement. Magnus Heunicke (the health minister) has indicated that passports will no longer be used to restrict movement in Denmark as of September 10, 2021. However, he said the system could be reinstated if there are rising rates of infection.

The first country to launch a digital vaccination passport was Denmark, which went into effect April 20, 2021.⁴⁴ For months, Danes repeatedly demonstrated against the COVID passes, and it seems the protests eventually had the desired effect. This just shows that there are enough people who will resist the COVID passes, and that it is possible to rein in tyrannical excesses.

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