Seed to Table: The 4th Amendment, HIPAA, and a breath of fresh air without a mask!
April 1, 2021: As we enter the second year of excessive Covid restrictions and overreach from politicians and public health authorities, there are glimmers of freedom coming from leaders in small business. The greatest examples of freedom and patriotism are coming from small independent business owners who understand their rights as Americans (and the courage and strength to live by their rights). One such example comes from Naples Florida grocer Alphie Oakes who owns Seed to Table (a 75,000 square foot farmers market grocer). The Naples community grocer is not only a standard of high quality and value for shoppers in the Naples community, but the grocer also employs of over 3,200 employees.
Last February, videos of the mask-optional shopping experience at Seed to Table went viral (no pun intended). American patriots celebrated this glimmer of freedom and shared the encouraging story with their friends and family across the nation. Of course, media and their hostile sycophantic mask-fascists were raging mad at the idea that anyone would dare to be in public without a mask. From the self-appointed “mask-enforcers” (many of whom don’t even live in Florida) came threats of “cancellation” and their usual lame forms of shaming and moral narcissism. Not to worry, Mr. Oakes does not suffer fools well and stayed true to his American rights and the rights of all his loyal customers. Mr. Oakes has a firm grasp of the US 4th Amendment, HIPAA, and Florida’s statewide rules as asserted by Governor Ron DeSantis.
At Seed to Table a customer is welcomed by a large sign at the main entrance reminding its patrons of their personal rights. The sign reads (for a visual you can also refer to the image used for this article):
Attention customers: Mask Exemption Guidelines
Those in our lovely government have ordered all persons entering indoor facilities have been ordered to wear a mask.
If you have a medical condition preventing you from wearing a mask, you are exempt from this order.
Due to HIPPA and the Fourth Amendment we cannot legally ask you about your medical condition.
Therefore, if we see you without a mask, we will assume you have a medical condition, and we will welcome you inside to support our business.
As you enter this fine grocery store, you are greeted with friendly smiles everywhere (smiles that you can actually see!) and happy customers all around. The Seed to Table experience reminds all of us about the beauty and blessing of a freedom we have grown to love in contrast to the perpetual pain caused by ruthless political and public health officials who have stolen our most basic God-given rights for more than a year now. All patriots in the US and around the world should embrace the Seed to Table example and demand that they see more leadership like this from their local authorities, officials, and business leaders.
When asked to comment on his store policies, Alphie Oakes proudly said,
“We are the busiest store in all of Southwest Florida because we let people make the choice and most of the people choose not to wear a mask and that is personal responsibility. If this was a very contagious deadly virus like the media wants you to believe, why have my 3,200 employees not fallen ill in the last year?” (Daily Dot – Michelle Brandabur; February 5, 2021)
Furthermore, Oakes added the following direct words,
“I have never worn a mask in my life. We have 3,200 employees and everyone that wants to wear a mask can. Every customer that wants to wear a mask can, just most people choose not to and there is a reason for that because people are not dying. I know there are a lot of people that have been deceived up in the Northeast. The media is the virus. The lies from the media are the virus.” (Daily Dot – Michelle Brandabur; February 5, 2021)
My journey across the country over the past month has taken me from a large city in the northeast to a small city in Florida – the difference is like night and day. Admittedly, I was drawn to Florida based on articles and videos that showed an “oasis of freedom” and a Governor’s leadership I could not resist. Now I live here and see countless examples, every single day, that remind me of the Seed to Table story. As you consider what your elected officials are doing to you and your family, be sure to remember these key points: (1) mask and lockdown fascism does not exist everywhere, (2) the demand for a mask-optional environment is enormous, (3) people are simply happier and healthier in places where balanced and respectful health policies are in effect, and (4) in America there are clear and strict laws that protect your right to decide whether or not to wear a mask. For your convenience, EA has provided essential language and descriptions relating to the 4th Amendment and HIPPA standards for individual privacy.
Conclusion & Call-to-Action: Every American must understand and apply the Fourth (4th) Amendment and the full set of HIPAA Privacy Rules. The rules and laws must be honored by all officials who attempt to obtain private information from American citizens. Draw reference to these laws if, and when, you are ever harassed or pressured by anyone attempting to obtain personal information (particularly information relating to your private health). Your privacy is fully protected by American law and is extremely powerful when such laws are understood and expected by our citizenry. Please be sure to read the details below and share this information with as many people as possible.
US Constitution - Fourth (4th) Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
According to the Fourth (4th) Amendment, the people have a right “to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” This right limits the power of the police (or any others acting in a position of authority) to seize and search people, their property, private information, and their homes. Today, the Fourth (4th) Amendment is understood to place restraints on the government any time it detains (seizes) or searches a person or property. The Fourth (4th) Amendment also provides that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” The notion of the 4th amendment was enacted to avoid the evils of general and excessive warrants and, as such, each search or seizure must be cleared in advance, by a judge, where a government warrant being sought must show “probable cause” to justify the search or seizure.
Health Insurance Portability & Accountability Act (HIPAA)
HIPAA (the Health Insurance Portability and Accountability Act) is a law passed in 1996 that transformed many of the ways in which the healthcare industry operates in the United States. The law has many important and far-reaching effects but its most important provisions are mandates that health care providers (and other related authorities) keep any personally identifiable medical information private and secure. These mandates have made the modern world of electronic medical records safer for patients, but also impose several strict regulations on medical providers and anyone seeking to obtain private medical information from American citizens.
The Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) established a set of national standards for the protection of certain health information. The US Department of Health and Human Services (“HHS”) issued the Privacy Rule to implement the requirement of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The Privacy Rule standards address the use and disclosure of an individuals’ health information (called “protected health information” by organizations subject to the Privacy Rule). HIPAA also identifies “covered entities” which asserts the standards for an individuals' privacy rights to understand and control how their health information is used. Within HHS, the Office for Civil Rights (“OCR”) has responsibility for implementing and enforcing the Privacy Rule with respect to voluntary compliance activities.
A major goal of the Privacy Rule is to assure that an individuals’ health information is properly and securely protected while allowing the flow of health information. The Rule strikes a balance that permits important uses of information, while strictly protecting the privacy of people and their personal health information. The Privacy Rule requires strict protection of all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral.
By: Extremely American Colin Wright