CLEVELAND, OH – If Mayor Frank Jackson had played the game of “follow the law” instead of “following the lunatic” in the form of Governor Richard Michael Dewine, building department supervisor Thomas Vanover might not have infected others when he knew he was sick. Vanover would have also avoided calling Paul Cuffari to his home to bring him a job-related assignment.
The “Quarantine” sign on Vanover’s home would have advised Cuffari to stay away. Cuffari would not have returned to city hall to possibly infect others.
Cuffari should have been working at city hall and Vanover should have been “quarantined” to his home and unable to leave without written permission from Merle Gordon. No one should have entered it without being a medical or service care provider. Gordon is Jackson’s commissioner of health.
As a result of Jackson and Gordon’s reckless failure to enforce sections 3707.04 through 3707.40 of the Revised Code of Ohio, inclusively, their combined negligence now leaves the city exposed to being sued by Cuffari and any other employee, contractor or citizen their “suspension” of the state’s pandemic laws allowed Vanover to infect.
So much for the effectiveness of Jackson unconstitutional “orders,” and the same with the ordinance council enacted under its election-stealing criminal president, Kevin Kelly. Their wild schemes did not work. One irresponsible public employee too selfish to use his accumulated sick, vacation or compensation time undid all their imaginary “outside the law” control mechanisms that R.C. 3707.08 would have solved had DeWine, Dr. Amy Stearns-Acton, Armond Budish and Terry Allan ensured Jackson and Gordon enforced it.
3707.08 Isolation of persons exposed to communicable disease – placarding of premises. When a person known to have been exposed to a communicable disease declared quarantinable by the board of health of a city or general health district or the department of health is reported within its jurisdiction, the board shall at once restrict such person to his place of residence or other suitable place, prohibit entrance to or exit from such place without the board’s written permission in such manner as to prevent effective contact with individuals not so exposed, and enforce such restrictive measures as are prescribed by the department.
When a person has, or is suspected of having, a communicable disease for which isolation is required by the board or the department, the board shall at once cause such person to be separated from susceptible persons in such places and under such circumstances as will prevent the conveyance of the infectious agents to susceptible persons, prohibit entrance to or exit from such places without the board’s written permission, and enforce such restrictive measures as are prescribed by the department.
When persons have, or are exposed to, a communicable disease for which placarding of premises is required by the board or the department the board shall at once place in a conspicuous position on the premises where such a person is isolated or quarantined a placard having printed on it, in large letters, the name of the disease. No person shall remove, mar, deface, or destroy such placard, which shall remain in place until after the persons restricted have been released from isolation or quarantine.
Physicians attending a person affected with a communicable disease shall use such precautionary measures to prevent its spread as are required by the board or the department.
No person isolated or quarantined by a board shall leave the premises to which he has been restricted without the written permission of such board until released from isolation or quarantine by it in accordance with the rules and regulations of the department. Effective Date: 10-01-1953.
There’s a duty on Vanover pursuant to R.C. 3707.16 to have stayed away from any public gathering; or to enter any public institution. He was ordered by R.C. 3707.08 not to leave his home while under quarantine without “written permission” of the Director of Health.
Jackson had the authority to request the county board of health place a guard on Vanover’s home to keep him in it; and away from work and everywhere else pursuant to R.C. 3707.09. Gordon should have made sure Vanover’s home was disinfected pursuant to R.C. 3707.10.
Vanover’s time cards are evidence of his intentional violation of this unsuspended general law in contrast to the date he was tested and told of his results for the deadly contagion were positive. Vanover infecting Cuffari is no different than a person testing positive for HIV; and then knowingly having sex with others. Cuffari should now be facing a mandatory quarantine; and his home should be “placarded” pursuant to R.C. 3707.08. If it’s not R.C. 3707.04 through R.C. 3707.40 is being violated.
Had Vanover obeyed R.C. 3707.08 and R.C. 3707.10, staying at home and away from public gatherings, he was authorized to receive all the “necessities of life” and “medical care” provided for him in his home while under quarantine. He did not have to worry about sick time. He was covered pursuant to R.C. 3707.14. Once he was diagnosed his physician should have put in the order for him to remain quarantined pursuant to R.C. 3707.08.
Vanover could have had an armed guard posted outside his home to keep fearful neighbors away and from over-reacting to hurt him. It’s easier to cover the cost of keeping one irresponsible city worker alive than closing down the economy because he was too ignorant of R.C. 3707.04 through R.C. 3707.40 to see himself as a potential mass murderer.
Despite all the damning evidence against Vanover’s irresponsible conduct, he would have a defense should Cuffari choose to file a civil claim against the Jackson administration and the Kelly council.
The mayor’s duty pursuant to Chapter 11, Section 71 of Cleveland’s charter is to ensure all of council’s ordinances are enforced in his capacity as the city’s “chief conservator of the peace” or its chief municipal “law enforcement officer” as defined in Section 2901.01(c) of the Revised Code of Ohio. This would make it Jackson’s duty to have ensured that Vanover knew he understood his duties and rights pursuant to R.C. 3707.04 through 3707.40 to stay at home and be taken care of at home.
The bottom line between all of DeWine, Jackson, Stearns-Acton and council’s “orders” is they were all undone by a contagiously-irresponsible city worker R.C. 3707.04 through R.C. 3707.40 had they obeyed them would have kept at home and away from others.