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Overview of the Covid Legal Landscape In USA, Italy and Switzerland

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In the first half of the third session of D4CE’s Symposium II, Patrick Henningsen, founder and managing editor of the news website 21st Century Wire, hosted a discussion of the overview of the legal landscape with:

  • Mary Holland, president of Children’s Health Defense and Director of the Graduate Lawyering Program at NYU School of Law,
  • Renate Holzeisen, a lawyer in South Tyrol, Italy, and
  • Philipp Kruse, a Swiss attorney.

Doctors for Covid Ethics (“D4CE”) held their second symposium, “Sounding the Call,” on 10 December. The symposium comprised 15 experts in science, medicine, finance, media, and the law who spoke as they should – freely and honestly.

Start and end timestamps for each participant shown in the text below relate to the times in the video embedded at the end of this article.

You can watch the full 4-hour Symposium II “Sounding the Call” HERE; the overview of the legal landscape discussion, session 3, begins at 2:13:14. The symposium program details, as well as brief biographies of all participants, can be found HERE.

First to speak during session 3 was Mary Holland (start 1:00, end 10:40). Holland gave an overview of lawsuits filed in the United States.

Vaccine mandates have been permissible under state law in all 50 states for over 100 years.  Under Federal law all 50 states have medical exemptions and the vast majority have religious exemptions for both children and adults.  “What’s happening with respect to adult mandates in the United States is unprecedented,” Holland explained. 

The Biden administration came out with several mandates in Autumn mandating Covid injections to: their own employees, which includes the military; federal contracting organisations and all entities that receive money from the Federal Government; the elderly and indigent patients; and, corporations across the country with more than 100 employees.

Lawsuits were filed against these mandates across the country by individuals.  Lawsuits against medical federal money mandates and the federal contractors’ mandates, have been suspended – with preliminary injunctions – in other words they’ll stop the enforcement of the law until there is a trial.  There are also lawsuits filed around the country regarding access to: religious exemptions; medical exemptions; natural immunity; and, challenging state authorities, governors and mayors for their use of emergency powers.

Lawsuits were also filed by 26 states against one or more of these mandates.  Because so many lawsuits were filed by states, they were moved to a 6th Circuit Court of Appeals which is known to be a conservative regional circuit, Holland said.

Children’s Health Defense currently has many lawsuits: challenging the religious exemption denials; challenging medical exemption denials; cases regarding emergency powers, natural immunity and early treatment; challenges to mandates in schools, universities, by employers; challenges allowing 11-year-olds to consent without parental knowledge; lawsuits against the FDA for malfeasance; as well as cases regarding censorship against Facebook and Senator Warren.

Following Holland was Renate Holzeisen (start 10:40, end 25:31). Holzeisen gave an overview of what is happening in the European Union which is also relevant to what is happening in the United Kingdom.

Unlike the United States, in Italy, Austria and Germany people are being denied justice.  Since 1 April, Italy has had mandatory Covid injections in place.  Thousands of healthcare workers have been suspended from their jobs without pay.  With some being suspended as long as six months ago.

From 15 December Covid injections are also mandatory for teachers, police, army, firemen etc.  Hundreds of thousands of people will be affected.  The few lawyers who are active in defending human rights are attempting to disseminate sufficient information so people are able to defend themselves, in the first instance, against this “aggressive military vaccination program,” Holzeisen explained.

We presume that the Italian government is planning a general mandatory vaccination, as it is in Austria, beginning 1 February, she said.  The members of the new government in Germany are going to go directly to a general mandatory vaccination in three German states. Holzeisen added, “we are in a very dark situation.”

In Italy, “at the beginning of this year, we had a lot of criminal complaints and proceedings before the Labour Courts.  All without success because the courts are following the government’s propaganda and they are treating this issue like an ‘ordinary’ vaccination issue,” Holzeisen said, even though it has been pointed out that these are “experimental” rather than “ordinary” vaccinations.

But for the first time there is a glimmer of hope.  Recently the Labour Court of Padua, Northern Italy, sent a preliminary ruling regarding the validity of the decisions, conditions and authorisations of the four so-called “Covid-19 vaccines” to the European Court of Justice.

Closing the first half of the session was Philipp Kruse (start 25:31, end 41:38).  Kruse gave an overview of the current legal landscape in Switzerland.

When it comes to the very strict mandatory rules Switzerland is behind other countries.  So far, there are no general vaccination rules being applied or any public sector subjected to mandatory vaccination.  This is giving the Swiss people a false sense of security as “it is only a matter of time, say April or May, when we will face this political reality and political pressure of mandatory vaccination,” Kruse said. There is already the first indication of mandatory vaccination which is being applied to pilots and cabin crews of Swiss airlines.

At the moment most legal action in Switzerland is focused against requirements to wear masks in schools.  There are 10 or 11 cases and already a pattern can be seen where the courts say “during these times of emergency, this time of crisis, we need take the facts from the competent bodies and experts – the WHO and national Covid-19 Task Force – and there’s no reason for the courts to deviate from these expert opinions,” Kruse explained.  A characteristic of a free democracy, as governed by the Swiss constitution, demands that the courts’ decisions are independent to the state.

Switzerland has what Kruse calls the 3G “logic” or the green pass logic “where the entire population is declared to be at high risk to everybody else unless you prove by way of either a negative test or vaccination that you are not a risk,” Kruse explained, so people are forced to take tests which under Swiss law only applies to people who are symptomatic or there is a concrete assumption of being ill.  The 3G logic causes a lot of harm.

As with the United States, Switzerland has the issue where children are deemed to be able to give free and informed consent, in absence of their parents, to be injected.

Overall “what we see [in Switzerland] is more or less what is going on in the rest of the world but public attention is drawn away, from clear evidence that is relevant for legal status, by massive propaganda,” Kruse warned, “our democracy is, literally, at stake.”

Kruse concluded, “it is so important to empower the ordinary citizens to get their voices heard.  Not only by way of court proceedings” but by trying to help people to help themselves to get their voices heard. “We have to have the courage to speak out and say ‘no’.”

Overview of the Legal Landscape, An Interdisciplinary Symposium II – Sounding the Call, 10 December 2021 (41 mins)

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1 year ago

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