Exemption Certificates Case

Exemption Certificates Case

Exemption Certificates Case

Re: the Legality of a Medical Doctor Issuing Vaccination Exemption Certificates

 

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Facts of the Case

  • Dates: Feb 9, 2023
  • Location: Salzburg, Austria
  • Court: Regional Court Salzburg
  • Case #: ?
  • Plaintiff:  Public Prosecutor
  • Plaintiff’s Lawyer:
  • Defendant: Dr Andreas Sönnichsen
  • Trial Type: Criminal Complaint
  • Judge: ?
  • Status: Decided
  • Verdict: for the Defendant


*updated Feb 13, 2023

Background

Dr Andreas Sönnichsen, a German national, was employed as a teaching and research professor at the university hospital in Vienna from 2018 up to end of 2021 when he was fired from his position because of his fierce criticism of Corona vaccination policy. [1]

He was accused of having issued digital certificates for provisional vaccination incapacity against payment of 20 euros, although he was not authorized to do so. [1]

The Medical Association had seen the general practitioner’s actions as a violation of the Medical Act and reported this to the public prosecutor’s office. In the court hearing, he was accused of his opinions being issued via the internet without having conscientiously examined the patients in advance. [1]

He was also accused by defenders of the government and Corona policy Corona policy of being a “Schwurbler” (indiscriminate conspiracy theorist, lateral thinker etc). [1]

 

Significance

First legal case in Austria of a medical doctor found innocent of issuing vaccine exemption certificates.

 

Plaintiff’s (State Prosecutor’s) Argument

Dr Sönnlichen was further accused of issuing his expert opinions via the Internet without having conscientiously examined the patients beforehand. [1]

 

Defendant’s Argument

Sönnichsen protested his innocence in the trial. The judge could not recognize any subjective facts and no intent to enrich. [1]

Via his lawyer, Dr Sönnichsen argued [2] that he:

“…never committed fraud or abused his powers.” further stating that: It is legal, that if people are afraid of having an allergic reaction to an untested vaccine, to issue them with a certificate [of vaccination exemption] up until the time that the ingredients and effects of this vaccine are clarified.”

 

Relevant Prior Judgements/ Cases

A similar case was held in Germany where entrepreneur Markus Bönig was on trial for brokering “vaccination certificates” for a fee. [3]

in the view of the Lüneburg Regional Court, the vaccination certificate is not a health certificate at all, because it does not certify an individual state of health. “The ‘certificate’ is also not incorrect, since the statement made in it that no examination had taken place corresponds to the truth,” the court said. The extent to which the certificate is then useful in practice – for example, in the case of a workplace-based vaccination requirement – was not before the court.[3]

According to Bönig, the certificates are in any case simply expert opinions “which merely reflect what the user himself has stated, namely that he does not know at all whether he could react allergically or not.” This determination does not require personal contact with a doctor.[3]

 

Decision

The trial against the physician, university lecturer and well-known CoV vaccination critic Andreas Sönnichsen ended in Salzburg with an acquittal. [1]

 

Aftermath

After the acquittal, Sönnichsen strongly criticized the CoV policy. Those who had not been vaccinated had been severely defamed and discriminated against. [1]

He told ORF after the verdict was handed down that there was now a great deal of work to be done in society. [1]

He criticizes the fact that there is now a great silence – after many months of expensive media campaigns against the unvaccinated:

“I am very glad that Corona is now coming to an end. On the other hand, we now have to come to terms with the past. We now know that many political measures were completely inappropriate. It is now openly admitted that the kindergarten and school closures were unnecessary. Now two studies have come out that the mandatory masking was also unnecessary. The lockdowns certainly did more harm than good.” [1]

Of course, a lot was learned in this crisis, Sönnichsen said,

“But the people who predicted this, and I count myself among them, they were massively defamed and called right-wing radicals. I have never had any radical right-wing thoughts in my head. [1]

 


Further Research

Court Documents:
  • Read the Court Ruling
In the news:

 

Media


Interview -Jan 2023

source: ….


Interview -Sept 2022

source: ….


Sönnichsen describes his hearing in the Salzburg court -Feb 10 2023

source: shortXXvids

 

References

  1. Freispruch für Impfkritiker, heftige Kritik an CoV-Politik .>>> Click here for English translation
  2. short video of Sönnichsen describing his hearing in the Salzburg court on Feb 9th
  3. Hörtest gegen die Maskenpflicht

 

Keyword

Exemption, Exemption Certificates, Fraud, Hospital, Medical Act, professor, Salzburg, Schwurbler, Sönnichsen, University, Vienna


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UC Students v Vaccine Mandates Case

UC Students v Vaccine Mandates Case

UC Students Vaccine Mandate Case

Re: Legality of Vaccine Mandates as a condition to study at the University of Cincinnati

 

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Facts of the Case

aka: Benjamin Lipp, et al. v. University of Cincinnati

  • Dates: filed 12/10/2021
  • Location: Hamilton County, Ohio USA
  • Court: Common Pleas Civil Court
  • Case #: A 2104238
  • Plaintiff: Benjamin Lipp, et al.
  • Defendant: University of Cincinnati
  • Trial Type:
  • Judge: Leslie Ghiz
  • Status: Ongoing
  • Verdict: TBD


 

Background

Calling it a civil rights issue designed to check a university’s abuse of power, Akron-based Mendenhall Law Group filed a lawsuit against the University of Cincinnati (UC) and its board of trustees over the school’s COVID-19 vaccine mandate. (4)

The action was introduced in the Hamilton County Court of Common Pleas on Wednesday and includes four plaintiffs: students Benjamin Lipp, Danielle Seymore, Katelyn Verbarg and Nicholai Lekson. Warner Mendenhall and Kyle Wenning are representing the plaintiffs. (4)

The plaintiffs all were students at University of Cincinnati. Three of the plaintiffs had received exemptions from the school’s vaccine mandates. One of the plaintiffs met the vaccination requirement but he objects to the University’s mandatory vaccine policy and the possibility of having to receive a booster shot to stay in school. (1)

Multiple students told The Ohio Press Network (OPN) that they have received coercive emails from UC officials, and those who have questioned the mandate have been subject to derogatory remarks, including “you freedom people are annoying.” (4)

Lipp, who is also a plaintiff, is 24 and a senior majoring in finance. He points out that the virus has a more than 99% survival rate for Ohioans in his age range and the vaccine does not prevent transmission or infection of the virus.

“Even as an unvaccinated student, I have low risk of dying from COVID, and I’ve had the virus, so that puts me in a different class because of my natural immunity,” he explained. “If someone else is vaccinated, why do I need to be vaccinated?”

His personal opinion aside, Lipp said that he chose to join the lawsuit as a plaintiff because he believes university officials are violating his rights.

“You don’t have to have an opinion on COVID-19 to agree with the lawsuit. It’s not about whether or not masks and the vaccine works. It’s about public officials not acting within legal authority,” Lipp said. “If they can get away with this, what else will they try? This lawsuit is important because it is designed to hold them accountable.”

In September, UC instituted a COVID-19 vaccine mandate for students, faculty and staff. Students were required to show proof of at least one dose of the shot by October 15 and two doses of the inoculation by November 15. (4)

The mandate applies to students and university employees who visit campus for class or work, and individuals who use campus facilities. Medical and religious exemptions to the vaccine requirement can be requested, according to the mandate. (4)

Students who do not comply by January 3 will be unenrolled from spring semester classes. Weekly testing is required between November 15 and January 3 for anyone not in compliance with the mandate. (4)

The website also includes: “The university will consider disciplinary measures in accordance with established policies for faculty and staff who are not fully vaccinated or have not been granted an exemption before the beginning of spring semester. Discipline for represented employees will proceed in accordance with agreed-upon processes currently being discussed with their collective bargaining units.” (4)

OPN (the Ohio Press Network) was provided with numerous emails obtained by a public records request that show UC officials attempting to implement their COVID-19 vaccine mandate despite the passage of HB 244, which was signed into law by Gov. Mike DeWine and became effective on October 13. (4)

The legislation prohibits Ohio public schools from requiring vaccines not yet approved by the U.S. Food and Drug Administration (FDA). HB 244 also says that public schools cannot discriminate against people not vaccinated by mandating that they perform different activities from their vaccinated counterparts. Schools covered by the bill include state colleges and universities along with public schools, joint vocational school districts, college-prep boarding schools and STEM schools. (4)

 

Significance

This case covers multiple issues including discrimination, abuse of power and government over reach, illegal mandates, sovereignty of their own bodies, and the veracity of the Covid and Inoculation narrative

 

Plaintiff’s Argument

According to the lawsuit filing, “this is a civil action for declaratory and injunctive relief involving the statutory and constitutional validity of UC’s vaccination and health measure mandates effective Sept. 1, 2021.

“By reason of Ohio Revised Code 3709.212 and Ohio case law, the defendants lack authority to order those not diagnosed with a disease or have not come into direct contact with someone who has not been diagnosed with a disease to wear masks, undergo testing or limit their activities.”

The filing adds that the mandate also violates Ohio Revised Code 3792.04 because UC is a state school of higher education and is “discriminating by requiring plaintiffs to engage in or refrain from engaging in activities or precautions that differ from the activities or precautions of an individual who has received a vaccine that has not been fully approved by the FDA.”

The school’s vaccine mandate violates revised code 3792.04. The mandate violates Article I, Section 1 of the Ohio Constitution in that it violates Plaintiffs’ right to refuse medical treatment. The Mandate violates R.C. 2905.12 to the extent that it coerces Plaintiffs from taking or refraining from actions over which they should have legal freedom by choice, by taking, withholding or threatening to take or withhold official action. (1)

 
“One of the things we have seen across the country is exactly what we are pointing out in this lawsuit, that authorities are stepping outside the bounds of their authority,” Mendenhall said. “That equals an abuse of power, and it’s happening at federal, state and local level and at colleges and universities. Our lawsuit is designed to check the abuse of power.
 
“We have autonomy in our medical-decision making,”… “It is unprecedented that a university would require an experimental medical procedure on students or masking.

“We are waking up to the fact that the COVID-19 injection is not stopping spread,” … “Those who get the shot do not provide protection to anyone else. It is absurd that people are mistreated because they choose to not get a shot.” He noted that natural immunity is overlooked and it can be at least six times stronger than the vaccine.

“We would like [university officials] to end all mandates and not treat people differently,”

 

Defendant’s Argument

???

 

Decision

TBD

 

Aftermath

???

 

 

Media

IU students file lawsuit over vaccine mandate

source: WHAS11

Judge halts vaccine mandate in 10 states

source: Fox News

Pfizer Vaccine Effectiveness Analyzed

source: Canadian Covid Care Alliance


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