HomeMy WebLinkAboutRES NO 146-2023RESOLUTION NO. 14 6- 2 0 2 3
A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL
DECLARING ANY COVID-19 RELATED MANDATES
UNENFORCEABLE.
WHEREAS, the citizens of the State of California and the City of
Bakersfield were subjected to injustices in the form of overreaching
government imposed mandates during the pandemic; and
WHEREAS, unquantifiable damage was done to the citizens of the City
of Bakersfield, mentally, emotionally, and financially, by the imposition of such
overreaching government imposed mandates during the pandemic; and
WHEREAS, unquantifiable damage was done to the business and
commerce of the City of Bakersfield by the imposition of such overreaching
government imposed mandates for the pandemic; and
WHEREAS, mandates, such as masking mandates, violate the free
conduct a citizen should expect to enjoy; and
WHEREAS, enforcement of mandates, such as masking mandates, put
law enforcement in an unenviable position of enforcement; and
WHEREAS, mandates, such as compulsory vaccination mandates,
imposed by government or business, violate a citizen's right to control over
their own body; and
WHEREAS, mandates, such as compulsory lockdown mandates,
imposed by an overreaching government violate a citizen's right to freedom
and liberty guaranteed by the Constitutions of the United States and the
State of California; and
WHEREAS, the City Council of the City of Bakersfield has been
entrusted with the protection of the City's citizens, businesses, and those that
are employed in or otherwise enjoy the conveniences of the City:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
l . The above recitals are true and correct and are incorporated herein
by reference.
8'
Resolution Declaring Any COVID-19 Related Mandates Unenforceable. '_ a
- Page 1 of 3 Pages - ` 0FIIGINP1
2. That the City of Bakersfield will not enforce any mandate:
(a) that requires a person to wear a mask or any other face
covering;
(b) that confines a citizen to their domicile;
(c) that requires businesses to alter their business operation
including but not limited to spacing requirements, modified
hours of operations, or cessation of operations;
(d) requiring the administration of a vaccine; further within the City
of Bakersfield: a. a person shall not compel or coerce an
individual lawfully residing or employed in in or otherwise enjoy
the conveniences of the City into obtaining a medical
treatment involving the administration of a vaccine, whether or
not approved or authorized by the United States Food and
Drug Administration, contrary to the individual's vaccination
preference;
(e) a health care provider may not provide to an individual lawfully
residing in the City a medical treatment involving the
administration of a vaccine approved or authorized by the
United States Food and Drug Administration unless the provider
obtains the individual's informed consent before administering
the vaccine;
(f) an individual lacks the capacity to provide informed consent
for a medical treatment involving the administration of a
vaccine if the individual has been compelled or coerced into
being vaccinated contrary to the individual's vaccination
preference; and
(g) a person may not take an adverse action or impose a penalty
of any kind against an individual lawfully residing in this City for
the individual's refusal or failure to obtain a medical treatment
involving the administration of vaccine.
3. That the City Manager or his designee is authorized to execute any
documents necessary to implement this resolution.
4. That this resolution shall be effective at the time of its adoption.
---------- 000----------
Resolution Declaring Any COVID-19 Related Mandates Unenforceable.
- Page 2 of 3 Pages -
HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
0 C T 1 1 2023 by the following vote:
COUNCIL MEMBER -ARIAS , WEIR,SMFFH, FREEMAN, GRAY,-KA4R--
OE COUNCIL MEMBER (230YI
ABSTAIN: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER ��CiJ't�
LIE DRIMAKIS, CPMC, MMC
CITY CLERK and EX OFFICIO CLERK of
the Council of the City of Bakersfield
APPROVED OCT 1 1 2023
By
KAIIEN GOH
'Wx/
Mayor
APPROVED AS TO FORM:
VIRGINIA C,7ENNARO
City Attor ey
By Ce,
VI INIA NNARO
City Attorney
EV/vlg
SAC0UNCIL\Resos\23-24\C0VID-19 Mandates Unenforcable.Reso.docx
Resolution Declaring Any COVID-19 Related Mandates Unenforceable. fl
- Page 3 of 3 Pages - ` ORIGINALF