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Ulster County adopts COVID vaccine ‘freedom of choice’ resolution


July 13, 2023

Source: Times Union

Photo / Image Source: Unsplash,



Democrat Chris Hewitt invoked “Native wisdom” when introducing the resolution

KINGSTON — County legislature sessions are seldom must-watch affairs. But the June 13 session of the Ulster County Legislature was unexpectedly gripping, as a minor controversy broke out over a memorializing resolution “supporting freedom of choice in relation to COVID-19 shots.”


The resolution, No. 134, was adopted by a vote of 12 to 10, with six Democrats joining six of the seven Republicans in the legislature (one was absent). Memorializing resolutions carry no official weight; they’re just opinions shared publicly. No. 134 simply states that a majority of the legislature opposes “policies of mandatory COVID-19 shot (sic) by any local, state, or federal government that affect citizens’ rights to make their own health care choices.” It also gives a supportive nod to parents’ right to make health care decisions for their children.


The resolution opposes such policies on the grounds that pharmaceutical companies have made “astronomical profits” developing COVID vaccines and other products, that a federal Court of Appeals in 2021 found that legal challenges to a COVID mandate for companies with more than 100 employees were “likely to succeed on the merits,” and that the Centers for Disease Control and Prevention has updated its guidance on COVID-19 “many times since March 2020,” including to no longer recommend the original mRNA vaccine.

It offers no evidence that profits have corrupted the science behind vaccines, fails to note that the Court of Appeals ruled on procedural grounds, and fails to consider that CDC guidance has evolved alongside new research into COVID-19, including the development of newer vaccines to combat later strains of the virus.

The timing was curious to some legislators, as there are currently no COVID vaccine mandates to oppose.

“We aren’t being mandated and kids aren’t being mandated. I am not aware of any COVID mandates,” said Chairwoman Tracey Bartels, who voted against the resolution.

Two years ago, when some COVID vaccine mandates were in place, a similar resolution was defeated. Resolution 134 was also defeated in the health committee when it was first introduced, but in Ulster County, things killed in committee still get a vote on the floor — a rule meant to prevent legislation from being stalled in committee, explained Abe Uchitelle, deputy majority leader and chair of the Health, Human Services and Housing Committee. He also voted against the resolution.

When introducing Resolution 134 on the floor in June, Chris Hewitt, a Democrat who represents the towns of Rochester and Wawarsing, remained seated; the topic made him too nervous to stand, he said. Then he offered a prayer of gratitude, thanking the spirit of the owl “who moves and flies quietly over our heads” for guidance and grace.

“Now our minds are one,” Hewitt said, before delivering a wide-ranging speech that mentioned Pfizer, Dole and Del Monte, theft of land in Central and South America, Nobel Peace Prize winners, Guatemalan military coups, historical conspiracy theories, Erin Brockovich, Love Canal, corporate elite, worker pay, trusting internal guidance, and informed consent. There were further invocations of the owl plus some deep breathing. (In the recording of the session, Hewitt’s speech begins around 1:54.)

Hewitt, who is also the executive director of Hudson Valley Current, an alternative currency, admitted he wasn’t a scientist but believes we all have an internal guidance system. “Sometimes we can look within — certain animals are influences. In Native American culture, they call that animal medicine. I was invoking the owl to keep me calm and have a clear vision,” he said by phone after his resolution passed.

Hewitt is not Native American, just “inspired by Native wisdom,” he clarified. He felt his prayer of gratitude was effective on June 13.

“Everyone was calm and quiet,” he said, though there were some whistles from fellow legislators when Hewitt was speaking.

Beyond defending freedom of choice, offering protection from corporate influence, and helping constituents reestablish faith in elected representatives, Hewitt said he wanted to send Gov. Kathy Hochul a message: No one should require preschool through grade 12 students to get COVID shots. Hewitt noted this was a “symbolic gesture,” as there is no such mandate in the works.

He felt now was the right time for the resolution. “Two years ago it was hard for anyone to speak about COVID,” he said. “There is more of a comfort now. I thought this was an opportunity.”

The resolution had faced strong opposition in caucus meetings prior to the June 13 vote, so when it passed, opponents were blindsided.

“I anticipated it would be defeated. On the night of the session, a couple of legislators who had not indicated they would support it did. It was very surprising. I felt some members were changing their minds as votes were being read,” Uchitelle said.

Bartels was similarly surprised. “It’s almost like we are retroactively trying to rewrite history with a resolution calling into question previous decisions made under extreme distress to protect the most vulnerable. It fails to acknowledge the extraordinary circumstances we were in,” she said.

Hewitt was also surprised, though happily so. “The public thinks we aren’t thinking anything through. We do a lot of committee and caucus meetings. I think there should be more discussion on the floor and more minds changed spontaneously,” he said.

The six Democrats who voted for the resolution were Joseph Maloney, Phil Erner, Laura Petit, John Gavaris, Manna Jo Greene, and Hewitt. The Republicans were Dean Fabiano, Herbert Litts III, Gina Hansut, Thomas Corcoran Jr., Kenneth Ronk, and co-sponsor Kevin Roberts.

Bartels wonders if legislators were fully aware of what they agreed to.

“This isn’t a resolution strictly focused on parental rights to make decisions for their children. It expresses opposition to any mandatory COVID-19 vaccination,” she said. Uchitelle feels the resolution casts aspersions on science and is a “black mark” on the hard work people in Ulster County did to keep the community safe during the pandemic.

“It’s important for us to be skeptical about profiteering and the ways pharmaceutical companies have in politics. However, it is solid public health guidance that folks should be vaccinated,” he said. He hopes people forget about it soon.

“Modern vaccines have gone through rigorous and extensive testing, which are verified and peer-reviewed well beyond the walls of corporate headquarters,” Ulster County Health Commissioner Dr. Carol Smith said in a statement to the Times Union. “It’s the mission of public health everywhere to protect as many people as possible from serious harm, and modern vaccines are an effective and proven tool to do just that. We support all New York State Public Health Laws and federal requirements which have oversight over the rules governing vaccination requirements.”

Hewitt says other local counties are passing similar resolutions but struggled to name them when asked by a reporter. He plans to contact other counties to discuss the next steps, if any. Meanwhile, the County Legislature is back to work — and no one is holding grudges. “The issues facing my community are too big for us to let a resolution that I think got it wrong derail us,” Uchitelle said.

“I’m sorry there was so much airtime given to lingering resentment towards public health guidance.”


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