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Proposed Legislation Safeguarding Civil Liberties
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
1. Fundamental Right. Individuals have a fundamental constitutional right to make their own health decisions and to be free and independent and safeguard and maintain their inalienable right of self- determination.
2. Coercion. Notwithstanding laws, rules, orders, or directives made or promulgated in response to an emergency, including but not limited to a national security emergency, state-wide emergency, local or other health emergency, or any peacetime emergency, and notwithstanding existing laws and rules addressing outbreaks or potential outbreaks or epidemics of a contagious, infectious, or communicable disease,
(a) the government or its designees, or other employers, businesses, non-profits, institutions, churches, travel carriers, or other public or private entities, may not infringe upon, put conditions on, restrict, or take away a person’s fundamental right to make health decisions for themselves or for their dependents, or their ability to fully participate in necessary and important services and lifestyle choices and preferences including but not limited to education, daycare, employment, travel, religion, hobbies, entertainment, sports, and lifestyle preferences, based on a person choosing to decline recommended responsive countermeasures.
(b) The term countermeasures includes but is not limited to:
1. medical treatments or procedures;
3. physical or mental examination;
5. experimental procedures and protocols;
6. collection of specimens;
7. participation in tracking or tracing programs;
8. the wearing of masks;
9. stay-at-home recommendations or the maintaining of measured distance from other humans and animals that is not otherwise unlawful;
10. the involuntary sharing of personal data or medical information; and
11. other recommended or mandated countermeasures.
3. Quarantine: Notwithstanding isolation and quarantine laws, all said isolation or quarantine must be of the least restrictive means possible, include reasonable notice and due process, be protective of the right of the individual to remain in their home, live with family members, friends or significant others at all times. Quarantine may not take away or alter the legal or medical custody of a person who is under a parent or legal guardian. A minor child may not be forcibly removed from their parent or home.