Santa Fe:

Albuquerque:

Las Cruces:

Roswell:

Taos:

Clovis/Portales:

Stop Vaccine Mandates:

Right of Bodily Integrity (SB408) & Informed Consent

SHOT OR FIRED

Emergency actions to defend NM citizens from illegal government mandates:

New Mexico US District Court Suit Against Dona Ana County

On February 28, 2021 Attorneys Ana Garner and Jonathan Diener filed a lawsuit in Federal Court on behalf of a first responder, Isaac Legaretta, who was required to have the C-19 vax or risk termination from his employment as a detention center corrections officer. Briefly, the lawsuit alleges that because these shots have only Emergency Use Authorization for distribution, and ARE NOT approved by the FDA, they are still experimental. The statutes concerning EUA require full informed consent and that every person has the right to accept OR refuse the shot. Dona Ana County Manager was coercing employees to have the shot by threatening their employment.

The lawsuit involves only an issue of law: does federal law preempt actions by state and county agencies?

The lawsuit is here:
Dona Ana Complaint
Dona Ana TRO

Supporting articles written by other attorneys on this issue are available here:
Children’s Health Defense Can Employer mandate C19 vax?
Liberty Counsel Article
Statnews.com-Federal law prohibits employers from requiring vac

Pfizer and Moderna “Fact Information Sheets” which are required by the EUA letter issued by the FDA, to be given to prospective recipients of the shot (but which apparently are not in every case we’ve learned) are here:
Pfizer C19 FDA Letter of EUA
Pfizer Fact Sheet C19-vax
Moderna Fact Sheet C19 vax

Feb. 19, 2021: Ana Garner of NMSU issued this letter, see also below, to Doña Ana County Manager Macias.

Background: the NMFA – led by Sarah S and Ana Garner – sprang into action when, on January 29, 2021, the Doña Ana County Manager distinguished himself as the first in the state to cross a line we intend to defend hard: mandatory “vaccination”.

To be clear: we are defending the right to choice, to health freedom, to not being forced or coerced under the legal principle of INFORMED CONSENT and our unalienable constitutional rights.

(Yes, we are aware that there are many problematic pieces of evidence suggesting great caution is advised in navigating these questions, have put “vaccine” and “vaccination” in quotation marks because several of these experimental gene therapies do not conform to the legal definition of a vaccine, but we are not standing on a platform of “anti-vax” or any other pejorative cognitive shortcut designed to shut down individual inquiry and choice. We are advocating for INFORMED CONSENT (implying having been given current, correct and comprehensive information, and implying uncoerced free choice).

We’re going to defend against this illegal over-reach anywhere it happens in the state. The moment you learn of any similar edict, if you are being threatened with any consequence (work, school, etc.) for not taking the (not a) “vaccine”, or if you have been coerced or forced to do so and suffer any ill effects, please make contact with us immediately.

Please give 5 minutes to support this action on behalf of our valued First Responders. If we can establish a precedent here and defeat this abuse, others will be less likely to follow suit.

Doña Ana County Manager Macias has MANDATED COVID-19 VACCINE for all first responders (paramedics, EMT’s, firefighters, law enforcement, etc).

Even though he has been served with a Cease and Desist notice, the County Manager is maintaining that his mandatory vaccination order is still legitimate.  

We need to flood the Dona Ana County Manager and County Commissioners with complaints about this, to SHOW THAT THE PUBLIC IS NOT IN SUPPORT OF THIS VACCINE MANDATE.  This is not about being pro or anti vaccination, it is about standing up for our liberty. 

Please take a few minutes today to CALL/EMAIL THE COUNTY MANAGER AND ALL COUNTY COMMISSIONERS:

Please EMAIL ALL of the following:

CALL THE COUNTY MANAGER and your District Commissioner:

  • County Manager Fernando Macias – (575) 525-5802
  • District 1: Lynn Ellins – Office: (575) 525-5808; Cell: (575) 386-9874
  • District 2: Diana Murillo Trujillo – Office: (575) 525-5804; Cell: (575) 202-1484
  • District 3: Shannon Reynolds – Office: (575) 525-5807; Cell: (575) 339-5819
  • District 4: Susana Chaparro – Office: (575) 525-5810; Cell: (575) 202-1284
  • District 5: Manuel Sanchez – Office: (575) 525-5809; Cell: (575) 386-9815

(You can see the District map here: https://www.donaanacounty.org/commissioners)

ADDITIONAL INFORMATION: 2/3 of local first responders have chosen not to be vaccinated. A local paramedic said, “If they push mandatory vaccinations, I have a lot of friends prepared to quit and walk off the job, which will leave Doña Ana Co in a bad place. They may have difficulty to properly staff ALS (Advanced Life Support) units.” Among those who have received their COVID-19 vaccination, some have experienced strong side effects. One reported that she “received [her] 2nd Pfizer shot yesterday and today, it took [her] down. Low grade fever, chills, and body aches.” Another reported, “Fever, body aches, chills, cold sweats. I got my second dose yesterday and I am very sick since last night.” These symptoms are ongoing, several days after the shot. Some first responders reported that their post-vaccination side effects were worse than their symptoms when they had COVID. One of these was a paramedic/firefighter who broke out in hives over his torso and also experienced “sweats, nausea, deltoid pain, stiff and sore neck. Headache worse than my migraines.” Because of the hives, he went to the Emergency Room and was admitted for observation.

February 19, NMSU sent this Notice of Impending Legal Action letter (PDF version here):

February 8, Ana sent a Cease and Desist letter (PDF version here):

N. Ana Garner, Attorney
NMStandsUp@protonmail.com

February 8 2021
Transmitted by email only to: Doña Ana County Manager Fernando Macias
Cc: Various Other County Officials
Re: Notice to Cease and Desist All COVID-19 Vaccine Mandates

Dear County Manager Fernando Macias,

Your Memorandum titled, “Mandatory COVID-19 Vaccination Directive,” requires first-responders in Doña Ana County to receive COVID-19 vaccination as a condition of ongoing employment. This vaccine mandate is in direct violation of Federal law and must be rescinded immediately to avoid legal actions against agencies and individuals.

Experimental COVID-19 vaccines have not gone through the full Food and Drug Administration (FDA) approval processes. They are approved for Emergency Use only. According to FDA 21 U.S. Code § 360bbb–3 “Authorization for medical products for use in emergencies,” medical products (including vaccines and PCR tests for COVID-19) which have been granted Emergency Use Authorization may not be compulsory and must be voluntary only after full informed consent. Thus, your order mandating COVID-19 vaccines violates Federal law. In this particular situation, federal law pre-empts state law, meaning that state law cannot over-ride it.

New Mexico Stands Up! is prepared to pursue legal action against any individuals, businesses, or government agencies who mandate COVID-19 vaccination. These illegal mandates expose individuals to compulsory risk and directly violate Federal law. Private businesses are liable for damages caused by the experimental shots if employees are not given full freedom of choice without threat of consequences. Government officials who impose COVID-19 vaccine mandates can be held personally liable for violating Federal law, which requires voluntary and full informed consent to any product marketed under the Emergency Use Authorization.

Sincerely,
/s/ N. Ana Garner
N. Ana Garner
Lead Attorney
NM Stands Up

And Sarah followed with a press release (PDF version here):

COVID-19 VACCINE MANDATE VIOLATES FEDERAL LAW
Doña Ana County Manager Served Cease and Desist Order for Vaccine Mandate

SANTA FE, NM – On January 29, 2021, Doña Ana County Manager Fernando Macias issued a Memorandum mandating COVID-19 vaccination as a condition of employment for first-responders including law enforcement officers, firefighters, emergency medical technicians, and paramedics. This mandate was issued because only 1/3 of first responders chose to be vaccinated. NM Stands Up! served Dona Ana County Manager Macias a Cease and Desist Letter on February 8, 2021 notifying him that he is subject to legal action for violating Federal law, and putting him on notice to rescind the mandatory vaccination order for county first responders.

Experimental COVID-19 vaccines are approved for Emergency Use only, and have not been granted full Food and Drug Administration (FDA) approval. According to FDA 21 U.S. Code § 360bbb–3 “Authorization for medical products for use in emergencies,” medical products (including vaccines) which have Emergency Use Authorization
(EUA) must be voluntary, and their use requires “the option to accept or refuse administration of the product.” As such, it is illegal for any public or private entity to mandate the COVID-19 vaccines.

County Manager Macias stated that COVID vaccination of first responders is necessary to protect the public. As acknowledged by the Centers for Disease Control (CDC), it is not known whether COVID-19 vaccines will prevent transmission of the illness. Therefore, the argument that individuals must be vaccinated to protect the community is not supported by science.

COVID-19 vaccines use mRNA technology which has not been used in vaccines previously, and the CDC has stated that these experimental vaccines haven’t been thoroughly tested on people who are pregnant, have autoimmune conditions, or are immunocompromised. There are no long-term safety studies of these vaccines in the general population. As of January 29, 2021, over 11,000 adverse reactions have been reported to the CDC’s Vaccine Adverse Events Reporting System for COVID-19 vaccines, including anaphylactic shock, miscarriage, paralysis, and hundreds of deaths.

2/3 of local first responders have chosen not to be vaccinated. A local paramedic said, “If they push mandatory vaccinations, I have a lot of friends prepared to quit and walk off the job, which will leave Doña Ana Co in a bad place. They may have difficulty to properly staff ALS (Advanced Life Support) units.”

Among those who have received their COVID-19 vaccination, some have experienced strong side effects. One reported that she “received [her] 2nd Pfizer shot yesterday and today, it took [her] down. Low grade fever, chills, and body aches.” Another reported, “Fever, body aches, chills, cold sweats. I got my second dose yesterday and I am very sick since last night.” These symptoms are ongoing, several days after the shot.

Some first responders reported that their post-vaccination side effects were worse than their symptoms when they had COVID. One of these was a paramedic/firefighter who broke out in hives over his torso and also experienced “sweats, nausea, deltoid pain, stiff and sore neck. Headache worse than my migraines.” Because of the hives, he went to the Emergency Room and was admitted for observation.

Says attorney Ana Garner, “New Mexico Stands Up! is prepared to pursue legal action against any individuals, businesses, or government agencies who mandate COVID-19 vaccination. These illegal mandates expose individuals to compulsory risk and directly violate Federal law. Private businesses are liable for damages caused by the experimental shots if employees are not given full freedom of choice without threat of consequences. Government officials who impose COVID-19 vaccine mandates can be held personally liable for violating Federal law, which requires voluntary and full informed consent to any product marketed under the Emergency Use Authorization.”

New Mexico Stands Up! has already filed lawsuits against the State of New Mexico and CDC for unlawful actions related to COVID-19 policies. The New Mexico Freedoms Alliance is a non-partisan coalition of local community groups and individuals throughout the state which advocates for civil liberties and representative government.

We are the 100%.