CLAYTON (KMOX) - St. Louis County Councilman Ernie Trakas is thinking the hard push to have a mask mandate could be in preparation for a vaccine mandate.
"Obviously, the incentive program is not working. The marketing plan is not working to convince people," Trakas tells KMOX. He notes that President Biden is moving forward with a plan to require all federal employees be vaccinated, or face regular testing. The fear is that could be the first step onto the slippery slope of mandating vaccinations for everyone.
The legality of a mask mandate in St. Louis County is under debate, as County Executive Sam Page says it's still in place, although the council just voted to rescind the order last night.
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As an attorney, Trakas notes there are circumstance under which vaccines can be required. However, he points out the Food and Drug Administration has only given Emergency Use Authorization for the current coronavirus vaccines.
"What's the next step? We're going to force you to do it," Trakas says. "And that's where I've got serious reservations from a liberty standpoint because it is not FDA approved yet. If it was FDA approved, that would be a different story, but it's not."
Final approval for the three vaccines are anticipated in the fall.
Trakas continues, "Supreme Court precedent is clear on this that, short of that FDA approval, I don't know if there's a legitimate basis for any government entity, whether it's federal, state or local to impose a vaccine mandate." There are legal opinions that approved vaccines can be required by employers, schools and other entities. However, shots that have yet to gain approval have less certain legal standing.
As for the mask mandate that leads Councilman Trakas to believe Page may be setting up to require vaccinations, he says it is not in force. Trakas says the mask mandate health order was precisely worded so as not to impose any restrictions on businesses, churches or schools as far as capacity, social distancing or hours are concerned. Otherwise, it would be in clear violation of the new state law under which the Council rescinded the order.
However, Trakas believes - without the County providing enforcement - it leaves enforcement up to the business, church or school.
"That crosses a line and, effectively, they are not longer private entities and they become State actors." That, he says, is more than enough of a burden to bring the new state law into bear to protect businesses from the burdens of health orders.
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