COVID-19 Vaccine Mandate Issues for Fire Service Leaders

Commentary by Gamaliel Baer

Peer-reviewed by members of the International Academy of Fire and Emergency Services Scholars (IAFESS)

COVID-19 has impacted the lives of almost everyone in the United States. Firefighters were at the front lines of responding to COVID-19, and showed again why we are given the title “bravest.” However, bravery is not just about running into burning buildings or managing patients with transmittable viral diseases. Bravery—courage—is about acting in a virtuous way. Aristotle professed that virtue was the mean between the extremes of either deficiency (not enough) or excess (too much). For courage, Aristotle said that deficiency is cowardice and excess is foolhardiness.

Unfortunately, COVID-19 caused many municipal and city government officials in “leadership” positions to miss the mark and respond in cowardly or foolhardy ways. This is unfortunate because many firefighters across the U.S. have suffered from the decision making of elected “leaders.” On the other hand, perhaps it is fortunate because those in decision-making positions have now been brought to light due to COVID-19. As a result, firefighters across the U.S. can see where those in power stand, especially on issues related to employee relations in general, and specifically on issues of freedom of religion. This article documents issues about the COVID mandates that fire chiefs and firefighters should understand.

Humpday Hangout: COVID Vaccine Mandates for Fire Departments

Experimental Status of COVID-19 mRNA Vaccines

The COVID-19 mRNA vaccines are all still under clinical trials. That includes Pfizer^(1,2), Moderna^(3,4), Jansen^(5,6), and Novavax^(7, ⁸⁾. It sounds horrible, but firefighters are known for telling it like it is–if you have taken a COVID-19 vaccine, you are part of an ongoing experiment. In fact, the U.S. Food and Drug Administration (FDA) initially stated that each of these vaccines (Pfizer, Moderna, J&J, and Novavax) were considered an “investigational vaccine not licensed for any indication.”^(9,10,11,12) The newest versions of these Emergency Use Authorization (EUA) letters have all done away with that phrase but still contain language stating that the vaccines are “not approved or licensed by the FDA.”

FDA Approval vs. EUA Authorization

It should be noted that the FDA did, at least on paper, fully approve a version of Pfizer and Moderna COVID-19 vaccine. The Pfizer version is COMIRNATY and the Moderna version is SPIKEVAX. However, neither vaccine has been made available to anyone in the U.S.⁽¹³⁾ If you go to the Centers for Disease Control and Prevention (CDC) website referenced, you will see that the FDA-approved “vaccines are listed separately because they represent NDCs that will not be manufactured or made available in the near term even if authorized.”

The difference between full FDA approval and EUA authorization is important to understand. According to FDA’s own rules: “For FDA to issue an EUA, there must be no adequate, approved, and available alternative to the candidate product for diagnosing, preventing, or treating the disease or condition.”⁽¹⁴⁾ It appears that what occurred was essentially a bait-and-switch, where the FDA approved vaccines on paper, and then only allowed EUA vaccines to go to market. If an approved vaccine is available, EUA products are not allowed. Anyone who took a COVID-19 vaccine has taken an experimental EUA product that is not FDA-approved.

Nuremburg Code

The Nuremburg Code consists of 10 rules to ensure that the experimental medical atrocities of the Holocaust would “never again” assault humanity. The first rule is that “The voluntary consent of the human subject is absolutely essential.” ⁽¹⁵⁾ It goes without saying that anything that is mandated is not voluntary. Experimental medicine can save lives, but it can never be mandated.

Furthermore, there are also 7 Nuremberg Principles.⁽¹⁶⁾ Principle IV states: “The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.” Every fire chief did in fact have a moral choice to push back against a mandate being pushed by their municipal government for experimental vaccines. It may have cost fire chiefs their jobs, but it would not have cost them their lives. Perhaps some fire chiefs did not understand all the facts or were given incomplete information. We can only assume that many fire chiefs likely justified their actions with the same excuse used during the Nuremberg Trials: “I was just following orders.” That excuse was not considered acceptable.

EUA Law

Emergency Use Authorization law is U.S. Federal law⁽¹⁷⁾. The law states that “individuals to whom the [EUA] product is administered are informed…of the option to accept or refuse administration of the product…” The FDA says the same thing in its guidelines⁽¹⁸⁾. In the EUA law, the sentence goes on to say that individuals should also be informed of the consequences, if any, of refusing the product. A debate around what “consequences” means has ensued and may require a Supreme Court ruling. However, there are practical, logical, and historical reasons why the word “consequences” is likely only referring to any health-related consequences (such as contracting COVID-19) and not consequences such as termination of employment⁽¹⁹⁾.

First Amendment and RFRA

The Religious Freedom Restoration Act (RFRA)⁽²⁰⁾ strengthens the First Amendment right to religious freedom. It places a burden on the government to demonstrate that 1) the action furthers a compelling government interest, and 2) the action is the least restrictive means of furthering that compelling government interest. The government has the burden to demonstrate that violating an individual’s religious belief and practice meets those two requirements.

In the case of most government agencies, because medical and other secular reasons are being used for COVID-19 exemptions, there is no legitimate reason for that same government agency to deny a religious exemption. However, even if a particular agency did not grant any secular exemptions, the next question is whether the action being taken (in this case the COVID-19 vaccine) can be demonstrated to further the government’s interest. We have known since at least July of 2021 that being “fully vaccinated” did not stop infection or transmission, because that is when a “fully vaccinated” British aircraft carrier had an outbreak of COVID-19⁽²¹⁾. According to the CDC, those on the ship were vaccinated with either Pfizer, Moderna, or Johnson and Johnson. Therefore, the government cannot argue for furthering government interest because we’ve known that the vaccines don’t work.

Additionally, there is a logical issue with any government agency claiming to be doing something in the compelling interest of the government, when that action requires breaking federal law. In the case of COVID-19 vaccine mandates, the federal government would be breaking its own EUA law. A government (federal, state, or local) can’t possibly claim that it is in the compelling interest of the government to violate federal law. The EUA law does provide the ability for the president to sign a waiver of EUA rights for military members, but he has not done that yet, for whatever reason.

Final Thoughts

For any fire chief still mandating COVID-19 vaccines, you should realize that the word “leadership,” when used as a position of power, does not mean that you are in fact leading. Aristotle explained in his theory on moral responsibility that anyone who did not have the freedom to choose (was forced to do an action) is not fully responsible for their actions. Any individual that is operating under a mandate is not “following” your “leadership.” To truly be following any leadership, an individual has to be doing so voluntarily. It is your job to ensure the safety of those under you, but not at the expense of their dignity and constitutional rights. Your position can and should be used to push back against elected officials if you know the policy is wrong. If you are still cooperating with government mandates for the COVID-19 vaccines in your fire department, you are not being courageous in the virtuous sense. According to the Nuremburg Principles, you are also not protected from international law even if you “acted pursuant to…[your] government or superior.”

For any firefighter or member of a department under a mandate, you should realize that the laws are on the side of freedom. Document everything that you can. File as many complaints and appeals as you can including Equal Opportunity complaints and letters to your elected representatives. Resilience is one’s ability to overcome a challenge, so find ways to connect with your network. For those firefighters who are religious, realize that the ultimate connection is with The Eternal and strengthen that connection. If that connection is gone, then when we lose everything material, we have nothing.

As a career firefighter, I am fortunate that my department did not mandate COVID-19 vaccines for its members. However, as a United States Coast Guard reservist, I refused to take the vaccine, and my religious exemption was denied. I continue to fight internally within my service branch and my thoughts are with all those in the fire service and military who continue to fight. Keep fighting. The United States was founded with the idea of religious freedom. As President Reagan said, “Freedom is a fragile thing and it’s never more than one generation away from extinction. It is not ours by inheritance; it must be fought for and defended constantly by each generation, for it comes only once to a people. ”

Dr. Gamaliel Baer, EdD, MSM, is a firefighter/EMT and special operator for Howard County (MD) Fire and Rescue. He currently still serves as a U.S. Coast Guard Reserve officer and is the Maryland State Lead for the National Fallen Firefighters Foundation. Dr. Baer is the founder and chair of the International Academy of Fire and Emergency Services Scholars (IAFESS), a group of firefighters and EMTs who have terminal degrees and are dedicated to stewarding the profession through scholarship and mentorship.

REFERENCES

This commentary reflects the views of the author and not necessarily the views of Fire Engineering.