by Kerry Dougherty

Well, what do you know.

In their eagerness to flex their authoritarian muscles, Virginia Beach Public School officials made fools of themselves this week.

On Tuesday evening, Human Resources fired off a stern email to all workers informing them that December 6th would be Show-Us-Your-Papers Day. By that date every school employee will be required to complete a “VBCPS Employee Vaccination Status Questionnaire” showing proof that they were vaccinated against COVID.

Unvaxxed employees will be forced to submit to a weekly test.

There is no mention of what happens to employees who refuse to cooperate. That will be interesting, given the huge staffing shortages. Stay tuned.

The reason for the urgency?

“On Nov. 5, 2021, the Federal Occupational Safety and Health Administration issued an emergency temporary standard requiring all employers with 100 or more employees to mandate vaccination or provide proof of a weekly negative test. This mandate is currently under review in the federal court system therefore, the start date for compliance is unclear.

However, should this ETS be enacted in Virginia, the turnaround time to develop structures that will allow VBCPS to comply is simply too short to wait for the outcome of any court decisions…”

And that’s how Show-Us-Your-Papers Day was born.

It’s unclear where this imperious order originated. There is no name on it and School Board Member Vicky Manning told listeners on the “Kerry and Mike Show” Wednesday morning that the school board did not vote on the matter. In fact, she found out about the show-us-your-papers deadline on Facebook.


Less than 12 hours after the Beach issued this edict, OSHA announced that it was tabling its mandates and “suspending activities related to the implementation and enforcement of the ETS.”

In short, the federal agency got slapped around badly by the 5th Circuit Court of Appeals last week, which issued a blistering opinion that OSHA had far exceeded its authority with the sweeping vaccine mandates. A stay was put in place for the entire country. So OSHA cannot enforce the order.

Lawsuits opposed to the mandates have been pouring in from across the nation and all cases will now be heard in the 6th Circuit Court of Appeals, where Justice Brett Kavanaugh is assigned.

Am I the only one relieved it isn’t a Justice Merrick Garland — a hopeless partisan — overseeing these cases?

As unintelligent as Joe Biden is, even the president knows that vaccine mandates from an unelected federal agency are almost certainly unconstitutional. In fact, he and others said so earlier this year. Watch this clip from “Tucker Carlson Tonight” for a montage of Biden administration officials declaring that they can’t do what they did.

Biden and company were right, for once. OSHA can’t compel workers to get a vaccine. The courts will strike it down and millions of workers will be able to keep their jobs.

Then again, maybe the Biden administration was bluffing with this order. Perhaps they knew it was unconstitutional, but wanted to see just how many entities would obediently click their heels and follow orders.

It’s embarrassing that Virginia Beach schools are on that list.

UPDATE: School employees woke up Thursday morning to find emails sent overnight retracting the show-us-your-papers order, with a warning that if the courts side with OSHA it will be reactivated.

This column has been republished with permission from Kerry: Unemployed & Unedited.

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44 responses to “Show Us Your Papers”

  1. You will be assimilated…….Resistance is futile

    1. Stephen Haner Avatar
      Stephen Haner

      Per the VDH website, about 1% of fully vaccinated Virginians have now gone on to get COVID anyway. After just ten months. That compares to at most 4-5% of the unvaccinated. Once you have the disease, at least a case that is tested and confirmed, about 3% end up in hospital and about 1/3 of those come out in a body bag. As I see the numbers, being vaccinated doesn’t help much there at all. I suspect those dying remain (for the most part): the elderly, the diabetics and others who had a big risk before the bug found them. The anti-viral pills are are the next hope… 🙂

        1. Stephen Haner Avatar
          Stephen Haner

          There is a near identical age breakdown on the vaccines. The aged are most likely to do it. So that rates a “duh.”

      1. those dying remain…. the un-vaccinated Trump supporters and the anti-vaxxers. This will certainly thin the GOP herd.

        1. Stephen Haner Avatar
          Stephen Haner

          It’s like living in Stupidville. As of today’s data, 48.7% of Virginia’s eligible black population not fully vaccinated. Trumpers all? The unvaccinated in Europe — Trumpers all? Please, stay this clueless. It costs you elections.

          1. While I don’t have the current data, the vaccination rate for Republicans has lagged significantly behind that of Independents and Dems. This was clearly not meant to suggest that the GOP makes up all or even the majority of the unvaccinated. It may though be more so the case for the anti-vaxxers. It remains a shame that the herd of elderly, diabetic, and the like that you have identified are in any way discouraged from getting the vaccine that may well save their lives. Passing on the vaccine may very well turn out to be a stupid decision.

      2. So if your Saturday event for Youngkin had 900 attendees of which 600 were vaccinated, then 21 cases could be anticipated using your stats cited here. This could perhaps lead to one hospitalization which hopefully would not be a death. You are correct that people need to weigh the risks before they take such action. BTW thanks for engaging.

  2. walter smith Avatar
    walter smith

    Seriously folks. Besides being unConstitutional and violating the Nuremberg Code and existing federal law on EUA products…
    How about this?
    Certain people are at risk from Covid. All people are at risk every single day of their lives. I have a really great idea – lose weight. Build up your immune system. If you are in the profile of being particularly at risk from Covid, get the shot(s) if you want to. But also, maybe try a prophylactic protocol…you know…the horse de-wormer that practically eradicated Covid in Uttar Pradesh India (or other things – there are many that help…as opposed to get Covid go home and go to the hospital if it gets worse. Why not stop it from getting worse FIRST?) I say the current policy is not scientific, and immoral. Doctors who refuse treatment because their medical systems forbid it are violating their Hippocratic oaths and should be in arms (figuratively speaking for the anti-gun nuts). But lawyers should be in arms over the violations of natural liberties… Amazing failures for so-called “professionals.”

    1. Stephen Haner Avatar
      Stephen Haner

      “the horse de-wormer that practically eradicated Covid in Uttar Pradesh India….” Just in case I left a false impression I’m on your side, that is also nuts, pure magical thinking. You’ll trust that and not the vaccine? It remains clear that you are better off with the shot than without it. It is clear that if 90% of the population was vaccinated rather than whatever level we have, there would be fewer cases.

      1. LarrytheG Avatar

        re: ” You’ll trust that and not the vaccine? ”

        well yep…. Just imagine how this issue would “work” if Trump were still running the show….

      2. walter smith Avatar
        walter smith

        Evidence based medicine. I think skepticism of the vaccine if you are not particularly at risk is a wise decision. It is EUA after all, so if you don’t fit the need for an emergency use, why use it? Israeli studies show natural immunity as fuller and stronger and longer lasting.
        But you are unaware of ivermectin being effective?
        The new pills being developed (Molnuprivar?) have similar properties to ivermectin. Ivermectin is listed in the CDC as a therapeutic being studied.
        Ivermectin, prior to Covid, was recognized as a wonder drug by WHO and basically eradicated Dengue Fever. Uttar Pradesh is an amazing story. Lots of drugs appear to have some positive effect in treatment. What is wrong with discovering that? In fact, maybe, since people are different, different therapeutic approaches for different people would be a good thing. Why not discover that?
        Until I see more evidence, long term evidence, me personally, I would not choose to get the Covid vaccine that is not a vaccine (it is an experimental therapeutic product) unless I was in the profile of Covid being particularly deadly. When sanity returns, we will recognize Covid is endemic – a virus we have to live with, like the flu and the common cold.
        And I still maintain it can’t be mandated. That is why all current vaccination requirements for known, accepted real vaccines have medical and religious exemptions. And MOST PEOPLE, probably 99%, choose to be vaccinated because they know the vaccines work and are safe. Jacobson will be overturned on my body my choice medical privacy and liberty issues eventually… And still, 99% of people will choose to be vaccinated for those vaccines. We need to go back to the sane world that existed before Covid…

      3. Nancy Naive Avatar
        Nancy Naive

        Not taking the vaccine is taking an unnecessary risk.
        People who take unnecessary risks tend to have higher mortality rates.

        When this COV19 circus ends, I sure won’t miss it. But, I will miss these clowns.

  3. Stephen Haner Avatar
    Stephen Haner

    It is sadly becoming clear that the vaccines are only somewhat effective, same as the other mitigations. I say this with an immediate family member now recovering despite being vaccinated (but not yet boosted.) Yes, you are better off with than without the shots, seemingly protected from serious outcomes, but it is obvious that even those of us with the booster are still considered likely carriers by some medical experts (hence the continued face diapers.) I go back where I was in the spring of 2020. This can be fast or slow, but eventually just about everybody may get this, and it will weed out those members of the herd that it does. Most just get sick and then get better.

    In light of that, this whole war over vaccine mandates is starting to look like just virtue theater. A new variant will be around soon, and yet another round of shots for those who choose them.

    Last Saturday was a great day of virtue theater. We spent the morning at a political breakfast packed in a room with hundreds there to cheer the Governor-elect. No masks except on catering staff and you know about 1/3 at least not vaccinated. Then to a nice event in a university presidential box for a football game, where you know probably 95% were vaccinated but masks were required as you cruised the buffet line. Insanity….

    The OSHA reg effort was an overreach, a political panic move. There are no other vaccines mandated by OSHA, are there? Are there other vital health or safety measures suspended if you have only 99 employees? I think employers have legal authority to mandate it inside their workplaces, but that was an overreach. Congress could pass a law and that would have more validity, but would still draw a court challenge.

    1. Will last Saturday’s event turn out to be a super-spreader? Hopefully, you will not be personally impacted.

      1. Stephen Haner Avatar
        Stephen Haner

        That was last year’s fear-mongering catch phrase. You need a new one.

        1. This year’s catch phrase seems to be “personal choice” which is fearful for many. It brings to mind a related personal choice associated with smoking and the choice to poison your own lungs. This choice brought about designated smoking areas and then an almost universal ban on smoking inside public places. If the Covid-19 virus was only somewhat as detectable indoors as cigarette smoke, then people might approach it differently. We are kind of seeing designated areas for unvaccinated folks.

    2. I was in the stands at the Virginia Tech vs. Duke football game last Saturday. I estimated that maybe, on the high side, 2% of the crowd were wearing masks.

  4. Nancy Naive Avatar
    Nancy Naive

    Monkeypox in Maryland… but then…
    Small pox found in Pennsylvania lab.

    Nothing says Republican better than a fully vaccinated anti-vaxxer.

    1. Stephen Haner Avatar
      Stephen Haner

      And nothing says Democrat better than asserting state authority and demanding individual submission to….Democrats.

  5. Nancy Naive Avatar
    Nancy Naive

    So… the vaccine may not do anything. It could be sterner stuff, or rather, the people who get vaccines have never said, “Hold my beer and take out your phone to video this…”

    1. Stephen Haner Avatar
      Stephen Haner

      Now that was a useful link, thank you. Will study that. Yes, Larry, I am mystified and appalled that so many of average or even above average intelligence have dug in so deep in opposition to the safe and effective vaccines, joyously encouraging people to find reasons to skip them. That said, if the government wants to order people to take them, it must follow the law. It was clear long ago that mandates would be the wrong tactic, would get people’s backs up.

      1. Stephen Haner Avatar
        Stephen Haner

        Yep, fascinating data. The vaccines clearly make a positive difference, but the gap with the unvaccinated is not as dramatic as you might think. I think what it actually reflects is Delta is less dangerous that the native Wuhan strain and (wait for it) growing immunity from previous cases and exposure.

        1. LarrytheG Avatar

          says…20 times more likely to die from naturally acquired immunity?

          I wonder if folks would take the same natural immunity approach for other diseases like polio or smallpox?

          Did people ‘get their backs up” with govt involvement with polio or other shots prior”?

          Why now?

          You seem to want to allow that excuse… why?

        2. Nancy Naive Avatar
          Nancy Naive

          FWIW, boosted yesterday. Feel lik $#!^.

          1. LarrytheG Avatar

            boosted 10 days ago and had some effects… wonder if I did the wrong thing… 😉

          2. Dick Hall-Sizemore Avatar
            Dick Hall-Sizemore

            Got my booster shot on Monday. Only side effect was a little soreness in my arm—about the same as from the flu shot and a lot less than the soreness following my first COVID shot.

          3. Nancy Naive Avatar
            Nancy Naive

            Well, I can say this, “of all the rapidly spoken side effects for all the TV drugs for every which disease,” renal failure ain’t a vaccine side effect. Geez, it went into overdrive last night.

          4. LarrytheG Avatar

            renal failure or TV ads?

      2. LarrytheG Avatar

        sorta like telling them they can’t drive drunk, or not wear seatbelts or not smoke in public spaces or get shots if they go abroad, etc?

      3. LarrytheG Avatar

        here’s another: Unvaccinated People 20 Times More Likely to Die From COVID: Texas Study

        but the “beat’ goes on………….

        1. Stephen Haner Avatar
          Stephen Haner

          See, that is directly contrary to both the VDH numbers and what Nancy pointed to on the CDC website. I can’t reconcile them. Looking at VDH over the past ten months, I see at best a 5 to 1 advantage. Good, but not 20-1.

          As to your other question, the reality is that polio, smallpox, etc. are far more frightening. Rightly or wrongly, many have no fear of this, see it as flu. For many, that is true. My wife spoke with a woman yesterday, retired math teacher at risky age, refuses to get vaxxed. Eighteen months in you are not changing her mind.

          And the drunk driving/seat belt laws PASSED THE ASSEMBLY. They were lawfully enacted. Where is the bill on vaccine mandates? Neither Biden nor Northam have the balls to put that in.

          1. LarrytheG Avatar

            well almost nothing will pass any Assembly these days unless one side has enough votes… not even paying the debt!

          2. Many have no fear of this…. Hence, they are willing to take the risk of their infection resulting in a mild case. Unfortunately, there is very little data on the long term effects of Covid infection on the human body. It could actually do permanent damage to the lungs like a one time exposure to a caustic chemical. Best to avoid an infection all together by taking action to mitigate the risks.

      4. Nancy Naive Avatar
        Nancy Naive

        Risky stuff Steve. Obviously, no particular data, if any, but odds on that the unvaccinated are also more likely to light up a cigarette, and wash it down with something out of a Mason jar. Or depression, maybe.

        Hand-in-hand stuff.

  6. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    I am not going to waste my time on this vaccination debate. I do want to point out to Kerry that Brett Kavanagh is on to
    The Supreme Court and not on the Court of Appeals. His relationship to the 6th Circuit is to handle emergency orders from that circuit. He does not participate in cases being heard by the circuit court. If he did, he would have to recuse himself if any case he heard was accepted by the Supreme Court for argument.

    1. LarrytheG Avatar

      re: “the debate”. for most folks who have gotten vaccinations their whole life , there is no debate. After all is said and done, considering risk pro and con, it’s a no-brainer. Even real Conservatives like Haner say that.

      so that then leaves folks like Kerry and all I can say is WTF? (and I bet Haner says that too).

      It makes no sense unless one is bound and determined to make it part of the culture war which seems to be the only point I can see.

  7. walter smith Avatar
    walter smith

    This should not be that hard to understand.
    Some people are getting close to the truth, but still not there.
    Here is what I am not saying. I am not saying the “vaccine” (it is not a vaccine! The CDC’s new definition to make it a vaccine does not make it a vaccine. It would be like mandating that Larry’s opinions are not repeating the Dem line and having to accept it as true.) works or doesn’t work. That is beside the point, and the “truth” is none of you, nor me, KNOWS. Here is Alex Berenson, who I suspect knows more science than any of us, on the 5X natural immunity “finding” by the CDC –

    Figures lie and liars figure. Is it “possible” people manipulate statistics to their own ends?

    So what I am saying is you cannot enforce the Covid “vaccine” mandate by mandate. It is an experimental medical product – EUA. Does anyone have any counter to that fact?

    Since you don’t, let’s move to the next point – if you Covid “vax” someone without that person’s informed, willing consent, you are violating the Nuremberg Code. Anyone prove otherwise?

    So, if anyone wishes to get the “vax”, and since it has been authorized by the FDA for EUA, get it. If the FDA didn’t EUA authorize it, should people be allowed to get it? Talk amongst yourselves…

    The way to “mandate” vaccination is through the normal legal process. Watch Schoolhouse Rock. Our illustrious Commonwealth legislators pass a bill signed into law. There would be normal civic input, and perhaps even science closer to settled. (Science is never truly “settled,” it is always subject to challenge such that it is accepted as settled, but that doesn’t mean it is settled.) And, even if some form of a Covid vax is legislatively required, the proper balancing would require medical and religious exemptions (and something broader for the my body my choice crowd).

    Meanwhile, the mandated vaccination is tyrannical. Try persuasion. But for those who don’t wish to be “vaccinated,” besides EUA and Nuremberg violations, there are significant reasons not to get the shot, shot, shot…

    Finally, because this is not about politics, it is about SCIENCE! and LIBERTY!, for a healthy 40 year old man who supports a family, which is more harmful – Covid or extended poverty? How about the health of his family? None of these people fits any risk profile for Covid. In fact, the working man and his wife and probably his kids asymptomatically have all had Covid. Why must he get the shot to work? I thought he was a hero to the laptop class when they were esconced at their homes cowering in media induced fear to get rid of OrangeMan? I would be against mandating this medical experiment if it were Donald Trump or Gov Blackface or Youngkin. Unlike all the Leftists who were badmouthing the “vaccine” development when OrangeMan was President…

    Was the speed up in FDA approval processes good? Yes. So was right to try. But the speed up doesn’t mean the “science” is done. It is not. Also, another one never answered, why were we funding gain of function research? In Wuhan? Anybody have any problems with that? How come the FDA approved Pfizer in 108 days for EUA, but says it needs until 2076 to respond to a FOIA request for the Pfizer docs? The FDA can rigorously scientifically evaluate a 329,000 page document, but needs 55 years to produce it? Asking for a friend…

    1. LarrytheG Avatar

      Beyond the USA FDA/CDC , how many people in the world have been vaccinated? Was that “bad” science perpetrated on unsuspecting folks who now regret it and wish they had not?

      What should they have done instead?

      1. walter smith Avatar
        walter smith

        OK. I am violating my don’t reply to Larry rule because that is a fair question. Let’s see if people can possibly understand.

        My objection is to authoritarian tyranny. The facts remain – (1) it is EUA and the federal law says “accept or refuse” and (2) people being “vaccinated” with the experimental Covid therapy against their will violates the Nuremberg Code. It is a huge medical experiment. I participated in a medical experiment. It was VERY well explained, and I had to sign about 10 forms and it was just for a mega vitamin C regimen on top of what I was going through. See, even evil me agreed to do something for the greater good. But I had to do that for VITAMIN C.

        Either persuade, or go through the regulatory/legislative/scientific process to “mandate” – and even then, to be consistent, there should be medical and religious exemptions.

        Next, why the insistence on ONE thing? Why vaccinate only? Particularly given the unknowns about this new therapy? Is it possible that different people are…different? Some people get colds and are over it in a day, some take 2 weeks; some get migraines and others rarely have a headache; different people get different cancers; different people fare differently with Covid. Maybe for one person an ivermectin protocol is useful, for another HCQ, for another get the shot. How come some people medically cannot take even long accepted vaccines? What is the single best protection against Covid? DON”T GET FAT! What’s another thing we could all do? BUILD UP YOUR IMMUNE SYSTEM! Who is the best person to make a decision for any particular person – that doctor. I am for medical freedom and a federalism approach where doctors tailor the protocol to the patient.

        I read a long critique of the ivmmeta website. The critic went “study” by study and eliminated most as poor methodology, etc. Then he examined the ones remaining and found other flaws. His conclusion was there seems to be some positive effect, whether statistically significant or not, he wasn’t sure AND had the humility to say he didn’t know. He also offered a hypothesis that IVM works extremely well in areas where worms are major health risks. Maybe the prevalence of the worm disease risks brings about other health benefits that aids in beating Covid… I don’t know…and neither do you! (I believe he called the other unknown possible factor in a study “confounding” – another example was using different placebos in the same study.

        So, to conclude – get the shot if you want it and your doctor recommends it. What about if your doctor recommends and you, the patient, refuse as is your right, not just under EUA law, but in EVERY SINGLE HEALTH SYSTEM’S “patients rights” policy ? The the doctor works out the best therapeutic course he thinks for that patient. That was the world we lived in and it worked quite well. All of you people accepting this as the “new normal” need to read Martin Niemoller’s poem …again and again…

        First they came for the socialists, and I did not speak out—because I was not a socialist.

        Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist.

        Then they came for the Jews, and I did not speak out—because I was not a Jew.

        Then they came for me—and there was no one left to speak for me.

        Protect your civil liberties now…

        1. LarrytheG Avatar

          don’t violate your own rules, guy.

          but when you say totalitarian, are you referring to the 200+ countries around the world?

          again – stand by your principles on who you reply to , don’t be a hypocrite.

          1. walter smith Avatar
            walter smith

            Showing why I have a don’t reply to Larry rule
            What the H3!! are you talking about?
            What rules am I violating?
            I am referring to the United States. The greatest country in the world. At least it used to be and probably still is, but SlowJoe and the rest of the Marxists are doing their best to destroy it. I don’t really care what the other countries think… Ooh, the French are mad at me! So scary! Or the EUrocrats! Let me know when you need another World War won.
            So I am referring to the violation of all norms under “emergency” rule…that isn’t really an emergency. Violate federal law. Check. Violate international law. Check. Violate medical ethics. Check. Violate medical policies. Check. Violate normal scientific process AND DEBATE. Check.
            If my hypocrisy was for daring to try to be civil to you, it was my mistake. I should treat my time more preciously…

          2. LarrytheG Avatar

            And I’m asking if most of the rest of the world is doing what the USA is doing on vaccines , does that mean the rest of the world is also totalitarian?

            Don’t confuse being “civil” with having a conversation with. They are not mutually exclusive by any means. But if your own personal “rule” is to not do something, then stick to it and don’t be a hypocrite.

            Or change your mind and be a man and admit it.

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