The complaint addresses an illicit directive issued by Fernando Macias, the county manager in question, which orders all county-employed first responders, sheriff's deputies, firefighters and detention center officers to be vaccinated with either the Pfizer-BioNTech China virus jab or the Moderna China virus jab.
Legareta maintains that requiring anyone to take a vaccine that is not yet fully approved by the Food and Drug Administration (FDA) violates the Food, Drug and Cosmetic Act. In the case of Wuhan coronavirus (COVID-19) vaccines, none of them have received formal approval and all of them are being administered under Emergency Use Authorization (EUA).
WuFlu vaccines from both Pfizer-BioNTech and Moderna, along with a third from Johnson & Johnson (J&J) that was just given emergency approval over the weekend, are all undergoing the clinical trial process, which typically takes several years to complete.
Federal law requires that full disclosures be given to individuals about unapproved drug products such as these explaining "the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks."
In other words, nobody can be forced to take an EUA-designated Wuhan coronavirus (COVID-19) vaccine. Anyone who tries to force it is guilty of violating federal law.
Last summer, the Centers for Disease Control and Prevention's (CDC) advisory committee on immunization practices announced that vaccines released under EUA provisions cannot be mandated. This includes Wuhan coronavirus (COVID-19) vaccines.
In a memo, Macias tried to claim that unless employees of the county were granted an accommodation, "being vaccinated is a requirement and a condition of on-going employment with the County due to the significant health and safety risks posed by contracting or spreading COVID-19."
This memo is a violation of county employees' rights, Legareta's lawsuit explains. Legareta also says he was written up at work and threatened with losing his job for refusing the jab, which is also illegal.
Legareta attached to his legal filing a personal memo issued by his superiors and dated Feb. 17 that demands he provide proof of receiving the shot within five days or else face termination.
The lawsuit seeks an injunction against termination by the county, or reinstatement should he be fired before the court issues its ruling. Legareta is barred under New Mexico state law from seeking any monetary damages for retaliatory discharge, should this occur.
Legareta is also requesting a temporary restraining order and preliminary injunction against any further enforcement or disciplinary action, including possible termination, in response to his refusal of the vaccine.
Nancy Ana Garner, his Santa Fe-based attorney, had previously sent the county a cease-and-desist letter, along with a notice of impending litigation. Garner wrote this letter on behalf of New Mexico Stands Up, a group that opposes the state's draconian Wuhan coronavirus (COVID-19) "public health emergency" directives.
Also named in Legareta's suit are Bryan Baker, the detention center's director and Capt. Ben Mendoza.
As of this writing, most of Doña Ana County's first responders had reportedly received at least one dose of China virus vaccine or a waiver. This includes 195 out of the 203 staff members who work at the detention center.
Should any of these county workers end up falling ill or dying as a result of the jabs, there could be more lawsuits soon to follow.
For more related news about Wuhan coronavirus (COVID-19) tyranny, check out Pandemic.news.
Sources for this article include: