Opinion: Another column about the virus you don’t want to read (but should)

Since we’re all sick of talking about that one virus that’s again surging in our community, let’s take a pause and go back 115-plus years to talk about another.

In 1901, a smallpox epidemic was taking hold in the Northeast. Vaccination efforts by local health experts were underway, but according to a lesson from the History channel, not everyone was on board with getting the jab. Public health officials in Boston and Cambridge, in an effort to reach herd immunity and reduce fatalities, opted to make the vaccine compulsory. A $5 fine was the punishment.

Pastor Henning Jacobson, a Swedish immigrant and naturalized U.S. citizen, objected to taking the smallpox vaccine before the mandate, after the mandate and even after being fined, according to History. But it wasn’t a religious fear. The report says Jacobson had a reaction to the smallpox vaccine as a child and he was adamant of the danger of the vaccine, despite the recommendation from health professionals.

He took the matter to the courts, and the case eventually made its way to the U.S. Supreme Court, where in 1905, “Jacobson v. Massachusetts” was struck down. Jacobson’s claim that a vaccination order violated his 14th Amendment rights was not upheld. The right to refuse a vaccination was not, in fact, a protected personal liberty. These words were penned by Justice John Marshall Harlan in the 7-2 opinion that would set precedent for future vaccine mandates:

“[T]he liberty secured by the Constitution of the United States to every person within its jurisdiction does not import an absolute right in each person to be, at all times and in all circumstances, wholly free from restraint. There are manifold restraints to which every person is necessarily subject for the common good.”

We don’t worry about smallpox anymore. It was eradicated with broad vaccine use by 1980. But vaccines and vaccine mandates are a major topic of discussion 116 years later. OK, pause over. I’m talking COVID-19 now.

The U.S. Equal Employment Opportunity Commission guidance says employers can mandate COVID-19 vaccines, thanks in part to precedence set in 1905. On July 7, Mercy Springfield Communities was the first employer, to my knowledge, to do so in southwest Missouri. It was certainly the first to make an announcement to the media and the first health system in the region to make this call.

Hospital leaders spoke about the effectiveness of the vaccine at a news conference held amid another surge of COVID-19 in our community. In Springfield, 189 people were hospitalized with COVID-19 as of July 6. Health leaders say the delta variant is running rampant, as occupancy and masking restrictions have lifted and only 39% of the eligible population is vaccinated. The eyes of the nation are on our community, too, as countless media reports have featured southwest Missouri for all the wrong reasons. And the federal government deployed a COVID-19 surge team to help our local health systems early this month.

History repeating itself is nothing new. Here we are again. As this dangerous virus spikes in our community, countless free vaccines sit waiting to be useful.

I applaud Mercy Springfield Communities for taking this courageous step. I imagine leaders spent countless hours debating this decision. There will undoubtably be an economic impact on the health system. In a tight labor market and with a wide-reported nursing shortage, it’s inevitable Mercy will lose some employees with this mandate. But they seem to be left with few choices. The public campaigns to urge vaccination just didn’t work as expected.

Thinking on the opinion from Justice Harlan, the common good can feel a bit lost these days. In the land of the free, we can take our liberties to the extreme if we’re not careful. When did caring about your neighbor go out of style?

I suspect more health systems and businesses will announce COVID-19 vaccination mandates. Perhaps Mercy’s choice will provide some courage to others considering the measure and whether its right for their employees, patients and/or customers. I can’t imagine these are the choices executives would like to discuss. In fact, I know we’re all finished talking about COVID-19. But it appears we’ve been left with few choices if we want to get this pandemic under control. And as many of us have long said: Just because we’re done with COVID, that doesn’t mean it’s done with us.

I hope you’re vaccinated. If not, shoot me an email and I can help you find a vaccination site or connect you with a health professional to address concerns.

Springfield Business Journal Executive Editor Christine Temple can be reached at ctemple@sbj.net.