[acweboard] Re: For the mulling
- From: Ellen Knapton <eknapton@xxxxxxx>
- To: "acweboard@xxxxxxxxxxxxx" <acweboard@xxxxxxxxxxxxx>
- Date: Sun, 28 Feb 2021 16:44:52 +0000
Interestingly enough I played in one of David Bailey’s groups a long time ago
when I was in my 20’s.
When I first read this article, my first impression is that currently it is
going to be hard to force members to show immunization proof when immunization
is out of reach for many of us.
That being said it looks like it may be a while before we can meet.
Ellen
Sent from my iPhone
On Feb 28, 2021, at 9:52 AM, Warren Gill <mymaestro@xxxxxxxxx> wrote:
From the community music group (re: COVID vaccination).
---------- Forwarded message ---------
From: David H. Bailey <dhbailey52@xxxxxxxxxxx<mailto:dhbailey52@xxxxxxxxxxx>>
Date: Sun, Feb 28, 2021 at 5:27 AM
Subject: Re: [c-m] Covid vaccination requirements for memvers
To: <c-m@xxxxxxxxx<mailto:c-m@xxxxxxxxx>>
On 2/27/2021 9:28 PM, Dana Legg wrote:
I disagree. Yes, there is a personal decision to be made, whether to
agree to participate in the greater good of the community, or to not
participate in the band. To quote Spock, the needs of the many outweigh
the needs of the few, or the one. Unless they want to play in a
different room, I will not be allowing any non-vaccinated musicians in
my band. We barely have room on our stage for the 35 members as it is.
And, I believe, the only way to be completely fair to everybody is to
err on the side of caution and require proof of wellness.
[snip]
This truly is a big issue for each musical group to decide for itself.
There is no "one size fits all" solution.
Things to keep in mind:
1) If we are going to require that people are vaccinated, that will
require that they show their vaccination card. With so many people
already showing vaccination cards in foolish selfies posted on Facebook
there is already a raft of fake vaccination cards that some people are
using. It's easy to download the card from the selfies and photoshop it
to change the person's name, date, etc. How can we know whether the
vaccination card we are being shown is valid?
2) Unless a group's bylaws include some sort of clause that people may
be prevented from participating for reasons to be determined by the
group's board of officers, there is no legal ground for any group to
prevent anybody from participating for anything other than musical
considerations (people obviously have to be able to play an instrument
or sing to be in our groups). A lawyer would need to be involved in
properly wording anything that a group decides to use as a means to
prevent unvaccinated members from participating so that if any
disgruntled member with money to spare decides to take the group to
court there will be a decent legal leg for the group to stand on.
3) Another message suggested a possible problem if an audience member
contracts covid19 while attending a performance (or if a group member
contracts it while attending a rehearsal) -- given the vastly differing
incubation periods different people show between when they are exposed
to the virus and when they start to show symptoms it will be impossible
for anybody to prove exactly when/where they contracted the virus. It
could be at a concert or rehearsal, or it might have been at the gas
station they filled up at on the way to the event or on the way home.
Or the day before at the grocery store, or the day after when their
spouse returned carrying the virus from a church service or a shopping
trip. However this inability to pinpoint the exact point/time of
contracting the virus won't necessarily prevent some people from
initiating a lawsuit. And NONE of our liability insurances include
coverage for contagious diseases, so each group will need to decide for
itself how to proceed even as more and more people get vaccinated.
4) Not enough research has been done as to whether vaccinated people can
still carry the virus and spread it to others even as they themselves
don't show any symptoms (just like the many people who have already
spread the disease unknowingly while not showing symptoms at all). So
forcing people to show that they have been vaccinated will never be
sufficient protection until/unless more controlled studies are done
about whether or not the virus can be carried and spread by vaccinated
people.
5) Having people sign waivers which are supposed to protect the group
from lawsuits will not do anybody any good because waivers signed under
duress (if a group forces someone to sign the waiver or else they can't
play in the group could be easily considered "under duress" especially
for those groups whose members pay dues to belong) won't necessarily
protect the group from lawsuits. And it definitely won't provide any
protection against contracting the illness.
I've heard (can't prove it, though) that "herd immunity" will be
considered to have been reached when the number of new cases on a daily
basis is at the same level as the seasonal flu number of new cases. And
none of our groups that I'm aware of require flu shots for participation.
As I said at the start, this is a big issue and a very tricky situation
for groups to consider carefully before trying to start up again.
I sure wish I had a clear answer for my own group (never mind other
groups!) but I don't. Other than leaving participation up to members on
a voluntary basis and with fingers-crossed that nobody decides to take
our group to court over our decision to restart there doesn't seem to be
an easy or clear answer at all.
--
*****
David H. Bailey
dhbailey52@xxxxxxxxxxx<
mailto:dhbailey52@xxxxxxxxxxx>
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