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Recently, California has announced changes to its Blueprint for a Safer Economy.
These updates include additional “freedoms” afforded to those who have
been vaccinated with no mention of those who have already had and
recovered from COVID-19. ICAN has shared the science and the law with
California to justify the demand that recovered individuals are treated
the same as vaccinated individuals. On April 13, 2021, the California Department of Public Health (“CDPH”) announced
“Updated Activity & Business Tiers for Fully Vaccinated Persons”
which lessens certain restrictions and allows more freedoms for those
who have been vaccinated. Subsequently, on April 15, 2021, CDPH shared
updated guidance documents focusing on gatherings based on an
individual’s vaccination status, again lessening certain restrictions
and allowing more freedoms for those who have been vaccinated. ICAN, though its attorneys, sent a letter
on April 28, 2021 to Governor Newsom and the Director of California’s
Department of Public Health. This letter explained that there is no
compelling or rational reason to treat individuals who have recovered
from SARS-CoV-2 differently than those that have been vaccinated with
regard to COVID-19 related restrictions and freedoms as there is no
evidence that an individual previously infected with SARS-CoV-2 is at
risk of becoming re-infected and transmitting it to others. As recently explained
by an infectious‐disease physician and professor at the University of
California: “Natural immunity after COVID‐19 infection is likely
lifelong, extrapolating from data on other coronaviruses that cause
severe illness, SARS and MERS.” ICAN
detailed the numerous studies which show that recovered individuals are
protected because the human body knows how to develop immunity to newly
emerging viruses. These recovered individuals show that they have
indeed developed sustained neutralizingantibodies which protect from reinfection and robust T-cell memory to the virus. Another study
concluded that, “95% of the [previously infected and recovered] people
had at least 3 out of 5 immune-system components that could recognize
SARS-CoV-2 up to 8 months after infection.” The study leader commented
that they were “hopeful that a similar pattern of responses lasting
over time will also emerge for the vaccine-induced responses.” This has
not yet been established. Given
that the immunity offered by having had COVID-19 is more efficacious
and more robust than from the vaccine, ICAN explained to California that
its policy of loosening restrictions for those that have been
vaccinated for COVID-19, but not for those that have had COVID-19, is
unscientific and illegal. In contrast to having had COVID-19, there is noevidence to prove that the COVID-19 vaccines prevent infection or transmission. Nonetheless,
California’s policy lifts restrictions on individuals that have been
vaccinated, despite the lack of proof that these products prevent
infection and transmission, while not lifting restrictions on those that
have had COVID-19 despite clear proof that having had the virus
prevents them from becoming reinfected and transmitting the virus. Additionally,
while the efficacy of the COVID-19 vaccines (for only the tested strain
and not for variants) is considered to be between 72 to 95 percent
(depending on COVID-19 vaccine), the efficacy rate of creating immunity
after COVID-19 is considered to be almost 100 percent. Therefore, it
makes no sense to lift restrictions on the vaccinated (which even after
vaccination, 5 to 28 percent of individuals remain susceptible to
COVID-19) but not those that have recovered (which have a near 0 percent
risk of being susceptible to COVID-19). ICAN pointed out to California that an estimated 3.6 million
individuals in California have had COVID-19. Their immunity is at
least as protective as, and likely superior to, that of individuals who
are vaccinated. If
it is safe for a fully vaccinated individual to have more freedoms and
less restrictions, the same must be true for individuals who have
recovered! ICAN demanded that the State of California immediately
include those who have recovered from SARS-CoV-2 in the same category as
those fully vaccinated with regard to the state’s “Blueprint
for a Safer Economy” and any future COVID-19 related guidance. ICAN
will provide any response that is received and will continue to demand
that public health authorities’ acts are justified by science and the
truth. Share this legal update via this link: www.icandecide.org/ican_press/ican-demands-california-lift-restrictions-on-individuals-that-have-recovered-from-covid-19/ * * * Opening
for Legal Position: Seeking attorney admitted to at least one
jurisdiction in the United States with at least four years of recent
civil litigation experience. To be considered for this position, send
resume and short cover letter to freedom@icandecide.org |
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