Stuart Showalter is a child custody policy advisor to Indiana state policy makers as well as attorneys on child custody cases. For parents he offers child custody based life coaching to help them maintain control of their lives, increase their fitness as parents and manage their litigation so they can truly serve the best interest of their children. He provides this Law Blog as free opinion on various issues. Reader submissions of topics are welcomed. Send to Stuart@StuartShowalter.com
The beauty of truth is that it is derived from evidence or warrants. Likewise, argument, which is based upon evidence or warrants, is such a wonderful medium for attaining knowledge that it should be engaged in frequently and vigorously. For, afterall, knowledge is bliss. Through applying these practices it is easy to see that officials are now declaring that face covering mandates, which are purported to prevent SARS CoV-2 transmission, are ineffective. I provide herein two of numerous examples.
It is easy to get fooled if you don’t look deeply. I recently listened to the audio commentary on Daddy Long Legs [1955] by Ava Astaire McKenzie and Ken Barnes. As they were discussing cinematography and authenticity Barnes referred to the scene in the airport in New York where planes were seen landing and the exterior of the airport was identified. The actors were engaged in conversation in the entryway to the terminal as the camera peered to the tarmack behind. Barnes lauded the producers for moving the crew and actors to New York to get that shot instead of using green screen or rear projection. It would seem so.
But McKenzie counters that the exterior shots could have all been stock footage and the actors could have been in any Southern California airport as nothing in that scene identified the airport. Barnes then concurred. That is how easy it is to fool the viewer.
In examining the effectiveness of wearing face coverings one need only look to the dramatic rise in cases as lockdowns were lifted and mask wearing became the norm. There has been an argument propounded that case numbers would be higher had mandates not been in place. The difficulty here is that concurrent with the mask mandates there are anti-social distancing norms which require people to keep a distance from each other not commensurate with socializing -- 6 feet as it currently stands -- which is usually less than one-third of that distance.
The obvious problem here is one cannot claim success of either variable until each is tested in isolation. Fortunately, the U.S. Bureau of Prisons has done that for us through a rapid succession of executions late last year while mask mandates and anti-social distancing protocols were in general practice.
At the United States Penitentiary in Terre Haute 13 executions were carried out over six months. Two occurred between 19 November and 11 December 2020. Active inmate cases at the prison were just three on 19 November but climbed to 406 by 29 December 2020 according to Bureau of Prisons data.
For each execution hundreds of staff members participate in one way or another. There are around 40 people on the local execution teams and the specialized security teams who travel from other prisons nationwide contain approximately 50 people. The witnesses and others attending an execution were required to wear masks and were offered additional protective equipment, like gowns and face shields.
But here is what they couldn’t do -- maintain anti-social distancing. Here is how the Associated Press described an execution -- “Witnesses, who were required to wear masks, watched from behind glass in small rooms where it often wasn’t possible to stand six feet apart. They were taken to and from the death-chamber building in vans, where proper social distancing often wasn’t possible. Passengers frequently had to wait in the vans for an hour or more, with windows rolled up and little ventilation, before being permitted to enter the execution-chamber building. And in at least one case, the witnesses were locked inside the execution chamber for more than four hours with little ventilation and no social distancing.”
So in these instances the U.S. Government was able to seperate the two common CDC recommendations -- mask wearing and anti-social distancing. While the variable of mask wearing was strictly enforced, the variable of maintaining distance between persons was, in effect, strictly prohibited. These procedures isolated the mask wearing variable. The result was a rapid spread of the virus as it passed between people wearing face coverings.
Of the 47 people on USP Terre Haute’s death row, 33 tested positive between 16 and 20 December 2020. This is because the guards on the execution team are also the guards that escort prisoners on death row. When I was at USP Terre Haute three guards transported me from the segregation unit to a visit. One on each arm and one holding me from behind.
Joe Goldenson, a public health expert on the spread of disease in prisons, said he had warned earlier that executions were likely to become a superspreader. The union representing prison guards as well other experts had also warned against carrying out executions while the SARS CoV-2 virus was still active.
This clearly demonstrates that while following mask/face covering mandates numerous participants contracted the virus in what has been called a “super spreader event.”
The logical conclusion is obvious - if mask/face covering mandates were effective when being followed, as they were strictly adhered to during executions, then super spreader events like these executions wouldn’t occur. The U.S. Government also provides another example of viral spread while under strict control.
In a study conducted by the U.S. Navy researchers concluded that “transmission occurred despite implementing many best-practice public health measures.” Although the Navy was able to mandate higher personal compliance with preventive measures than would be possible in most civilian settings these standard preventive measures did not halt its spread.
For the study the Navy used new recruits at the Citadel. Recruits were subject to a two week in-home quarantine prior to dorm assignments. Once they arrived at the basic training site, they were assigned to two-person dorm rooms and held to strict, supervised quarantine measures. Those controls included mask-wearing, anti-social distancing, and other CDC recommended practices. The subjects were divided into six groups with housing for each in a different building, training separately, and following different dining schedules. This prevented interaction between groups.
All participants were tested three times: first within two days of arrival, next at seven days, and finally at 14 days. Additionally, reactive testing was performed in response to identified symptoms. However, diagnoses were made only by scheduled tests - not by reactive testing. Over the course of the experiment, 4% of the subjects tested positive. Of those, ninety percent reported no symptoms.
U.S. Navy researchers found “that there were multiple independent SARS-CoV-2 introductions and outbreaks during the supervised quarantine." All six groups experienced an independent outbreak despite strict implementation of CDC recommended preventative measures.
The U.S. Government in these situations had the power to strictly enforce the CDC recommended preventative measures which it may not do in the civilian world. Often, the spread of the virus has been attributed to people like me who refuse to wear a mask and also socialize. Yet, in both of these examples the virus spread -- rapidly in one case -- despite the strict use of face coverings.
Beyond these examples of the abject failure of face coverings in preventing the spread of the SARS CoV-2 virus is what the U.S. Government said about them a year ago. Surgical type face masks, “by design”, are not intended to prevent the spread of a virus but only inhibit the passage of large droplets such as blood splatter. The same advisory document that contained that revelation also recommended that the general public be told to wear surgical type masks which is exactly what the CDC did.
It is clear that the CDC knew that non-elastomeric face masks would not prevent the spread of the virions but recommended their use anyways. The U.S. Government in just these two situations has unequivocally demonstrated what it knew a year ago -- face covering mandate type masks do not inhibit the spread of the SARS CoV-2 virus.
Face masks serve no other purpose than to provide a psychological sense of security and demonstrate a disingenuous concern for the well-being of others.
Those of us who do not wear masks are providing a valuable service to society -- keeping members aware that they are vulnerable to infection.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.
I often get asked about the underlying causes of certain human interactions. One domain that has been popular this year is political polarization, civil discord, and hostility in general.
The range of responses propounded by many which cite acute conditions, while quite plausible, do not address what I feel are the systemic conditions common to all of these concerns. I propose, instead, that the root of these conflicts is borne in childhood and reinforced culturally throughout the lifetime, particularly through language. I offer three scenarios in support.
Arguing
Children have been raised on an implicit notion in the home that arguing is an offense. A formalized proscription is found in institutional settings where the notion is reinforced. However, arguing should not be shunned.
During arguing the participants are engaged in creating logical constructs to support or defeat a position. Arguing facilitates and promotes calm, rational deliberation. Participants demonstrate respect for each other by recognizing that each has reasoning ability. Through engaging in argument, instead of enforcing a position based upon a hierarchical structure or abandoning the debate, the participants tender their positions and open themselves to adopting the other’s position.
By arguing with others you show concern for them in that you are demonstrating a willingness to convince them and that you recognize the benefit to them of adopting your proposition.
An initial reaction to the proposition that arguing is for the benefit of the other party is that most people will argue for what they want. This is true. However, notice that I did not say that the purpose of the engagement was for them, but rather, there is a benefit to them. I will provide an example for clarification of this proposition.
As our introduction to argument has primarily been in the household my demonstrations will relate to that relationship dynamic.
Many parents have complained about the mono-syllabic retort or grunt from a child in response to the query about the school day or essentially any aspect of his or her personal life. Never more so than during the adolescent years. But argument enlightens both sides. It provides new information upon which an informed decision may be made. At times the rebuttal may defeat the proposition and the request is withdrawn.
Upon his or her evening departure you remind your child to be home by a certain time. Your child responds that it is unfair that he or she has to be in that early when “all my friends get to stay out later.” You could respond with something akin to “well that’s my rule so live with it.” However, if you invite your child to argue his or her position you have given yourself an opportunity to gain new information.
You may get the names of the friends, possibly parents names also, and where they go or what they do. You could find out the various particular offenses that your child’s friends engage in when he or she defends against your assertion that maybe they get to stay out later because they are better behaved.
So, your child argued to get his or her curfew extended. And did so selfishly. But, as a parent, it was a benefit to you. You got to find out who your child hangs out with and the type of activities they do. Your child even divulged the forbidden acts that his or her friends engage in which then gives you a heads up as to what to look for in your child. Hence, you benefit from arguing instead of asserting your authority.
Arguing is a good thing. This is why when someone says, “We have a great marriage, we never argue” I respond by saying, “That is unfortunate.”
Compare and Contrast
Compare: To examine the attributes of something to determine likeness and difference.
Contrast: To emphasize the attributes of something which demonstrate difference.
Complement: To emphasize the attributes of something which demonstrate agreement.
Compare and Contrast is a phrase that we likely got introduced to in grammar school and continued to see through matriculation. In adulthood the phrase surfaces during political programs, business news, or policy discussions.
This phrase may give a prima facia appearance as being a redundancy but rarely is that so.
In mathematical structure Complement has a value of +1 and Contrast has a value of -1. Compare is the nexus of Complement +1 and Contrast -1 which gives in a net value of 0. Thus, Compare is a neutral term. The phrase Compare and Contrast, having a value of -1 has an implicit negative bias.
In daily life we regularly compare. Often it is done without conscious consideration. We may compare two routes to the same destination. We may compare our attire to that of those surrounding us and conclude, “Oops, I am a bit under dressed for this occasion” -- or just the opposite. A personnel manager will compare applicants for a position.
The more formal Compare and Contrast is rarely undertaken spontaneously though. Unless a situation arises in which you are asked to but may not want to participate you would typically compare doing versus not doing the activity. In such a case as this you will naturally contrast also to support your bias.
There are times when others will be motivated for you to be in conflict. Conflict is profitable for someone. How broke would many a lawyer, judicial staff person, mental health counselor and many others be if all child custody cases were resolved amicably. The motivation to foster conflict is great. When profiteers are behind the scenes is when you will find Compare and Contrast as the standard. This is why it is an institutional standard. Institutions are profit driven.
While the instructive within the phrase demands showing likeness and difference the focus is then turned to the disagreement or discord within the comparative structure. That is, it seeks as a conclusion as a negative outcome.
OJ Simpson murder trial outcome
As a student of law I watched intently the proceedings of the OJ Simpson murder case. While the proceedings were ongoing I had no opinion as to the guilt or innocence of Mr Simpson as I had not seen the complete presentation of evidence. Upon presentation of the verdict my opinion became clear. He was not guilty.
That was the proper opinion to have yet there was significant discord across the populace as to opinions regarding his guilt, innocence, lack of guilt, and culpability. However, “not guilty” was the most warranted and logical conclusion.
The jurors’ verdict form was signed, read in open court, and the jurors were polled -- that is they were each asked if they agreed with the verdict. The court entered the verdict into the record and Simpson was set free. To this day that verdict stands. The warrants for the opinion that he was not guilty is so strong that to have an opinion otherwise is to defy logic. Yet, there is no global consensus of opinion on the matter.
I attribute this to ignorance about the criminal justice system and standard along with a dearth of logical processing skills in the general population. Once I explain this process and provide the warrant for the verdict then it will become clear that the jurors reached the correct verdict.
In a criminal trial the standard of proof is “beyond a reasonable doubt”. The two other legal standards are “preponderance of the evidence” which means 51% or more in favour. This is the basic civil judgment bar. The next level is “clear and convincing evidence” which is generally thought to be with surety of around 80%. This is a standard used in particular civil cases such as Child Protective Services proceedings when the state seeks to take custody of a child. The “beyond a reasonable doubt” standard is flexible according to the potential deprivation to the defendant. In a death penalty case jurors have tended to report wanting to sure to the high 90s, maybe 98% sure, while in a stolen toolbox case 90% has been sufficient.
In the Simpson case there was one critical revelation that must meet the reasonable doubt standard for any observer. That was the incident of perjury by lead detective Mark Furman. Furman was the one who allegedly found a bloody glove belonging to Simpson at the scene of the crime. The term “allegedly” must always be attached to any claim by Furman because he is a liar in court. Thus, any evidence connected to Furman cannot be used to warrant the charge. In essence, anything Furman said, purportedly found, or handled no longer exists as evidence. If he perjured himself on one issue then it must be assumed that he would do so on all. But the depth of Furman’s lying is what shattered the case.
Prior to the trial Furman gave an interview to a local screenwriter. In the taped interview Furman refered to black people as “niggers”.[fn1] Additionally, he implicated the Los Angeles Police Department -- his employer and lead agency on the Simpson case -- in a scheme where defendants were targeted by police although there was no probable cause. Furman indicated the false pursuits were racially based. Yet when asked, under oath, in open court if he had ever refered to black people as “niggers” Furman resoundly said “no.” There was the perjury that disqualified anything connected to him from warranting a guilty verdict. It was not just the act of perjury that held such great force but, rather, it was the particularities. The act to which he testified that he had not committed was done so during a video recording which was made and preserved with his full knowledge. This implicitly demonstrates that lying is a habitual act for Furman. It is so routine for him, that there is contradictory documentary evidence is inconsequential in his mind. There was more to the interview though.
Additionally, his revelation that the LAPD schemes to unlawfully create criminal cases against defendants disqualifies any evidence obtained by or connected to the LAPD from warranting a guilty verdict. Significantly this includes any evidence obtained from any area secured by the LAPD in which independent third party observers were not present to monitor the entirety of LAPD activities. The crime scene was such an area.
Thus, there remained only a smattering of ancillary physical evidence that could be considered. From the lack of any physical evidence tying Simpson to the crime scene, the lack of eyewitnesses and the required presumption that the LAPD may have “planted” evidence the only logical conclusion for a verdict was “not guilty”.
Yet, when presented with this absolute logical certainty there will be people who still hold an opinion otherwise. The admonitions against making logical arguments which were inculcated since early childhood and the lifelong programming of seeking contradiction, I contend, are at the root of such illogical opinions.
Conclusion
While cognitive dissonance may contribute to inhibiting people from considering new information that may dismantle a firmly held belief the greater barrier to harmonious and logical conclusions is the implicit combative bias. Political polarization will continue to increase. Civil discord will continue to increase. Hostility will continue to increase. That is, until such time as the deliberate effort to cause those increases is reversed.
If we encourage argument, especially by children. If we seek to compare and complement. If we require opinions to be validly warranted. Then we will be on course to a more enlightened, harmonious, and productive society.
Footnotes
1] Fuhrman boasted of fabricating evidence against suspects and expressed amazement about the racial makeup of the Los Angeles Police Department’s Wilshire Division. “Go to Wilshire Division,” he said. “Wilshire Division is all niggers. All niggers, nigger training officers, niggers.” LA Times 30 Aug 1995.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.
Let me begin by saying that I strongly support the use of face coverings -- which meet minimum efficacy standards, are properly worn, and are disposed of or disinfected properly -- as a means to mitigate the potential infection of an individual from the spread of a viral contagion for people who feel that they need such assistance. I equally oppose the use of face coverings -- which do not meet minimum efficacy standards, are improperly worn, and are disposed of or disinfected improperly -- to give the appearance of mitigating the spread of a viral contagion but which actually facilitate it by inducing individuals to not take proper precautions.
It is my proposition that the face covering mandate imposed by Indiana Governor Holcomb and similar mandates do not provide for the protection of the individuals using them as expected by those individuals. In support I offer a mathematical proof.
To begin the analysis of the face covering requirements it is essential to know the stated purpose of these acute personal health care decision mandates. In general these orders are for the purported “prevention of SARS CoV-2 transmission”, “to reduce CoViD-19 cases” or for “the health and safety of the members of society.”
The next step is to then identify the stipulations within the mandates that fulfill those objectives.
For this analysis I am using Executive Order 20-37 issued by Indiana Governor Eric Holcombe on 24 July 2020. This order states that the purpose of the face covering requirement is “to protect the health and lives of Hoosiers” [apparently there is no concern for visitors to the state but I won’t address that here]. The filtration standard provided for in EO 20-37 to fulfill its objective is found in the definition of face coverings; “a cloth which covers the nose and mouth and is secured to the head with ties, straps, or loops over the ears or is simply wrapped around the lower face.” This means that stretching a t-shirt up over the nose qualifies.
For comparison I considered standards previously established by nearly every government in the world for personal protection face covering filtration systems intended to protect the wearer against biological agents -- bacterium and virions.
I also considered ratings based upon standards prescribed by The American National Standards Institute [ANSI], National Institute for Occupational Safety and Health, European Union: European Standardization Institute, or similar independent evaluators given to air filtration devices or systems for the removal of particle-based contaminants.
Ultimately my analysis and equations are a compilation derived from selecting criteria established by the various standards organizations for the mechanical removal of particle-based biological or industrial contaminants.
In this mathematical proof I created a hypothetical face covering, Standard [A], which I compare to Governor Holcombe’s, Standard [B].
In this analysis I begin by establishing a conservative contaminant [particulate] rate of expulsion by a diseased individual. I follow by applying this to the two standards. I conclude by providing the raw numbers followed by my assessment as to efficacy.
To determine the amount of SARS CoV-2 virions expressed by an infected person I used the typical respiration of a healthy adult male during times of moderate activity such as casually shopping or mingling. I found data stating tidal volume to be 400ml with 12 periods of respiration per minute which gives a total volume of 4800ml per minute [v/pm].
From an Italian study I got estimates of vapor droplets [particulate] by various sizes during a range of respiratory activities. The smallest vapor size quantified was 0.80μm. I selected this size because it is the most common particulate size and that size which disposable surgical masks are designed not to filter. This study found that 0.751 vapor droplets were expressed during unmodulated vocalization while 0.084 were expressed during normal breathing. These numbers represent Ni, part. cm−3 I have chosen N to be 0.15 as a compilation on the range of activities measured based on observations of group human social interactions. Multiplying the v/pm by 0.15 gives a 0.80μm droplet expulsion of 5760Np/m.
Thus, in the following I use a rate of 5760 micro aerosol particles -- those similar to cigarette smoke -- for the analysis. This is a conservative estimate of total virion expression as particles in larger ranges are not included. I later adjust for the full range of particulates up to 5.5 µm. EO 20-37 face covering standards are given after the criterion. Calculations assume an infected individual expressing 5760 aerosol particles per minute while breathing at a normal rate.
1] Target pollutant size and filtration efficiency
This standard is used to measure the efficiency of removing pollutants of a particular size range given in microns. For applications such as smoke removal, surgery, or hospital settings particulate matter in the range of 0.3 to 1.0 µm should be removed at >95%. Some of the best-rated filtration units have an efficiency rating of 99.995% which means only 5 of 100,000 particles pass through. A study done in Wuhan where COVID-19 had its initial outbreak found that the majority of aerosolized viral particles were 0.25 to 0.5 μm. Although no standard is given for this criteria in EO 20-37 a standard has been given based on observational data of what officials have determined qualifies as a face covering.
STANDARD A - filters particles ≥ 0.3 µm
STANDARD B - ≥ 2000 µm
2] Mask material minimum airflow capacity
This standard establishes the minimum amount of air that the filtrate should be able to process. It is given in liters per minute per square centimeter. This rate should at least accommodate the airflow of a moderately active healthy adult male -- 4.8 l/min. 1 l/cm2/min will easily allow for 100% of airflow to pass through the face covering medium.
STANDARD A - requires 100%
STANDARD B - allows any level ≥0%
3] Respirator efficiency value
National Institute for Occupational Safety and Health (NIOSH)-approved respirator masks have three non-powered particulate filter efficiency classes: 95, 99, and 100, for 95%, 99%, and 99.97% filtration of particulates down to 0.3 μm, respectively. This rating applies to the material of the mask not the mask as a filtration unit. N95 respirator material is expected to have a viral penetration rate of 5% but testing has shown greater than that. Some studies have shown penetration ranges of 8 to 82%. However, 95% should serve as a reasonable public milieu minimum although studies conducted in Italy have shown that numerous hospital workers wearing N95 masks have died from exposure to the SARS CoV-2 virus.
STANDARD A - 95% allows 288 droplets
STANDARD B - 0% allows 5760 droplets
4] Minimum Efficiency Reporting Value [MERV] at specific air velocity
This standard establishes the minimum efficiency of the filtration unit given at various airflow speeds as meters per second [m/s]. The lowest speed tested is 0.60 m/s which is commensurate with casual human exhalation. This standard is useful in determining whether the face covering can maintain gasket compression to the face under certain air pressures. Some face coverings may “blow out” during high pressure exhalation such as coughing or sneezing which allows air to bypass the covering. Sneezes -- these produce the greatest concentration of SARS CoV-2 virions -- can produce airflow rates of over 80 m/s in the nasal passages. I have selected 2.0 m/s as a minimum threshold speed in which the face covering should be able to maintain its integrity.
STANDARD A - ≥ 98% @ 2.0 m/s
STANDARD B - ≥ 0% @ ≥ 0.0 m/s
5] Minimum Arrestance and Pollutant Holding Capacity
This standard, usually given as a total weight, is used to measure the minimum amount of particulate that the filter can hold while still maintaining its filtration efficiency. However, this standard is applied to a specific filtration device to tell the user its capacity. Rather than try to explain how to convert a static standard volume to a particular mask I provide, instead, a time standard in which the face covering should be able to perform before becoming saturated and, thus, ineffective.
To better understand this criterion think about a filter in an HVAC system. Oftentimes the solution to feelings of not being warm or cool enough is to replace the filter. The new, unsaturated filter allows much more air to flow through and immediately the environment is warmer or cooler as desired. The air is also cleaner as less air has been forced through the far reaching gaps in the system in which air would not normally penetrate. The same applies to face coverings. Generally, typical face coverings reach a saturation point within a few hours. Observed usage by mask wearers has shown that a mask may be donned and used only momentarily or throughout an entire workday. The CDC recommends that N95 respirators not be used for more than 8 hours. Based upon these observations and recommendations I have determined that a mask should be effective for at least 4 hours, unless it is being used only momentarily before being discarded such as surgical masks.
STANDARD A - ≥ 240 mins
STANDARD B - ≥ 1 min
6] Minimum Bypass / Leakage rate of non sealed housing units
This standard is used to determine the maximum amount of air that may bypass the filtration material through gaps between it and the filter’s housing unit. For face coverings this is any gap between the face and gasketed surface of the covering. There is no particular rate for this standard but it figures into the overall MERV calculation. If the target removal rate is 95% and the filtration material removes 100% of the target pollutants then the leakage -- air passing between the face and covering -- rate could be as high as 5%. If you are using a non-commercial mask or one that does not give the MERV rating then you should test the mask yourself to ensure that it allows no more than 5% leakage.
To check for leakage, first time yourself exhaling under normal pressure and for a normal duration. Then, completely cover the filtration surface with a non permeable material and donn the face covering. While maintaining normal pressure, time the duration of tidal volume during exalation. Then divide the time while wearing the mask by the time without. If it took 3 seconds to exhale normally but 30 seconds with airflow through the filtration surface obstructed then the figure would be 0.10 or a leakage rate of 10%.
Masks should never be washed. Washing can damage the structure of the mask and detergents can degrade the impregnated filtration substrate -- the active filtration matter on which virions attach themselves. If a user wants to wear the same face covering a second or subsequent time then ultraviolet germicidal irradiation can be used for disinfecting. Disposable PPE should be donned by anyone performing the disinfection process.
Results
Standard B has no requirement for removal of any particles size at any rate. Nor is there a material handling capacity or leakage limit. Efficacy has been set at one minute for calculation purposes although the standard provides no minimum time. At a rate of expression of 5760 aerosol droplets per minute this standard would allow the passing into the atmosphere of 1,382,400 droplets in just the 0.3 µm - 0.8 µm range. In addition, all particles up to 7000 times greater in size than Standard A, which are conservatively estimated to be 25% more, are allowed to pass through. These 345,600 larger droplets represent an additional volume of 125%, based on average size, for a total weighted value of 3,110,400 droplets over a four hour period. This standard allows 100% of particles to pass the filtration system.
Standard A requires removal of particles ≥ 0.3 µm at a rate of 95% with the material being able to handle 100% of airflow but allowing for up to 2% leakage around the gasket. Efficacy should be maintained for 240 minutes. At a rate of expression of 5760 aerosol droplets per minute this standard would allow the passing into the atmosphere of 96764 droplets over a four hour period. This represents 3.1% of particulate.
Standard A would allow passage of up to 3.1% of droplets in a four hour period.
Standard B would allow passage of an equivalent of up to 3,110,400 droplets in a four hour period which is >32x Standard A. For a further comparison an N100 mask would have allowed 69 particles to pass. Thus, Holcombe’s standard would allow over 20,000 times more contaminant to pass through the filtration system than the best.
When examining the efficacy of face coverings to reduce the spread of a bacterial or viral agent it is essential that the testing procedure uses an “as employed” procedure. That means that a test that measures filtration by placing the material in a sealed system is useless just as those which use a static human model. Effective testing of face coverings uses real world simulations which include a covering being “rehandled” after application. That is, it accounts for the structural damage [micro tearing] to the covering from being stressed by repeated donning and doffing. As-employed testing also accounts for loose fits, intermittent use, and fomite transmission from handling the covering.
Although there is no standard for handling face coverings, users should be instructed on standard operating procedures when using a mask more than once to minimize contaminant transference between face side and environment side portions of the mask so as to not contaminate the opposing side.
Additionally, while there is no standard in EO 20-37 for usage design, it is important to note that mask selection should be based upon intended use. That is, does the wearer want to prevent exposure to himself or exposure to the environment. An appropriate covering should be selected from these two types.
Conclusion
Standard A provides a minimum filtration limit that would serve to protect a wearer from exposure to mildly detrimental contagions. It would still allow hundreds of times more contaminants to pass than would be acceptable for exposure to deadly bacterial or viral agents.
Standard B provides no effective guidance for the use of face coverings to protect the wearer from infection or the environment from an infected wearer. Holcombe’s standard fails to meet the minimum requirements to meet the stated objective and is, thus, invalid. If Standard B were applied to car safety seats for infants and children it would allow something like this; A booster type seat used in restaurants with a bathrobe tie used to secure the child to the seat and vinyl lawn chair webbing used to secure the seat to the automobile by stapling each end to the existing lap belts. Would you feel comfortable with your child using such a seat constructed by Holcombe or would you consider it nothing more than a symbolic gesture?
Clearly the standard established by Governor Holcomb is in no way designed to prevent exposure to the SARS CoV-2 virion. The lack of a standard of action for these devices renders them to be classified as a placebo. While there may be a slight positive placebo effect in some people -- it reminds one to take other precautions which may actually mitigate contagion -- there is a greater likelihood that users will assume that the face coverings provide sufficient protection and thus will forego effective mitigation protocols. This confidence seems to follow a linear progression consistent with ignorance as to viral etiology and epidemiology, and psychological motivation. That is, the less one knows about the origins and spread of contagions and the neurological processes involved in decision making and judgment the more likely one is to assume the false claim Holcombe makes and wear a placebo mask.
By requiring the vast members of society to donn a placebo medical device, which cannot meet the declared purpose of mitigating the spread of a contagion, the true purpose becomes clear. It is not to serve a physiological outcome but a psychological one instead. The logical evidentiary conclusion is that the purpose of EO 20-37 is a psychological study comparable to those pioneered by Asch and Milgram related to conformity and compliance. As such every person at each instance should be provided with an appropriate Informed Consent form before being required to wear a face covering. I may explore that legal requirement later but this can be confirmed if you exercise any right in a public forum such as voting. No one can legally require you to undergo an acute medical procedure -- wear a face mask -- unless you are supplied with Informed Consent and your consent is voluntary.
If you choose to donn a face covering you should wear one that, at least, meets Standard A described herein and test it for efficacy. Unless your chosen face covering is an isometric mask it should be discarded after each use and replaced. If this is not practical for you then no mask should be worn and effective mitigation protocols should be adopted instead.
When mask mandates were issued and effective mitigation protocols were abandoned a dramatic rise in the number of cases ensued. So, there is your mathematical proof. Do with it what you may.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
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Since the first time I heard of the SARS CoV-2 virus [early March 2020] I thought the reaction to it was disproportionate to the threat. I especially thought that younger and more healthy people were clearly overreacting. I often referred to vehicle collisions in making this argument. That 16-24 years age group is hit hard vehicularly but not infectiously. So, shortly after I returned from a trip to Las Vegas I contacted the Indiana Department of Health through their SARS CoV-2 specific platform on 24 March 2020. I did so for the specific purpose of volunteering to be clinically exposed to the SARS CoV-2 virions, sequestered, and monitored so researchers could observe the progress of the virus and how my body would defeat it. No takers on that offer.
Apparently, since prior to that time, medical researchers have been working on creating a vaccine for the SARS CoV-2 virus. Of late it is being reported that such a vaccine is imminent and will be the catalyst to prevent people from becoming infected and thus suppress the contagion. Such may not be realized, at least wholly. I finally got around to going through my back issues of the Journal of the American Medical Association [JAMA] and found some telling articles.
I mention volunteering to be a lab rat only to relate that in mid-March, after I had read two reports on it, I knew that I was not in any danger from this novel virus and figured it would be good to add this virus identity to my immune system catalogue.
My basis for my confidence was my existing knowledge about contagions generally and corona and influenza viruses in particular. Going into 2020 I already had experience with the seminars or training events for health-care workers related to previous variations of the influenza virus such as the 2009 novel H1N1 and the 2008 onward Orthomyxoviridae H5N1 [H5N6 H7N9] varieties. I had also been informed about 2005 Marburg, 2011 H3N2v, 2012 novel coronavirus, 2013 MERS-CoV, and the never ending expansion of the Human Rhinoviruses [HRVs] which stand at 100+ variants. I figure it’s always a good thing to learn about past and existing viral epidemiologies and disease pathogenesis. It beats watching television.
One thing that I immediately noticed this year was the similarities in the media hype and reactions by public health officials to some of the previous outbreaks and the current panic. Primarily, it has been the deliberate effort to invoke fear in the general public by overstating the threat just as had been done in 2008, 2009, 2012, and 2013.
In such previous cases public officials promulgated, at least within their domain, plans for severe restrictions on business transactions and personal liberties including forced detainment of individuals. The difference between those past outbreaks and the current outbreak is that the level of panic and the spread of the contagion never reached a point to where the U.S. citizenry demanded that their rights be curtailed as is happening now.
Officials have had greater success in invoking fear and propagating the spread of the virus this time.
Public officials have clearly lied -- by this I mean intentionally provided false information with intent to deceive -- about their motivations and the threat to the public. The most prolific lying involves public officials misstating their bases or objectives for policy actions. As the virus propagates and the contagion cycle chronology can be compared to concurrent official actions this becomes more clear.
Early on when the infection ratio was around 1 to 100:000 numerous state governors imposed mandates to force the closure of selected businesses by classification, not by practical likelihood of reducing person-to-person contact -- spread of the virus. As an example, when I was in Las Vegas while a “lockdown” order was in effect I went into a store and shopped for DVD movies. The duration of my shopping was over an hour in which I chose six for purchase. Currently while the ratio is about 1 to 30 there are no lockdowns in place. Clearly then, lockdowns, like those imposed when the ratio of infected to uninfected persons was much lower than now, can not be for the purpose of reducing transmission.
On a side note there is a deliberate effort by decision makers not to hold themselves accountable for their actions. It is called the reification fallacy. They claim that a CoViD-19 monster is walking around signing orders, locking doors and sending out furlough letters. However, a virus does not have agency and cannot choose to nor enforce the closure of businesses or cause panic in people. The SARS-CoV-2 virus did not make any decisions -- it is an automoton. People made those decisions.
The face mask idea, which is purported to reduce the contagion, is another example of clear lies by so-called healthcare leaders and public officials. I previously wrote about how the U.S. Government stated that a surgical face mask “by design, does not filter or block very small particles in the air that may be transmitted by coughs, sneezes, or certain medical procedures.” In the same document the government concluded that the use of surgical type face masks should be recommended to the public. More telling is the complete lack of any type of compliance with standards of efficacy for face masks. Any consumer electrical cord must meet standards, usually consistent with testing by Underwriters Laboratory [UL], before they are allowed to be sold. This is for the safety of consumers. No such requirements for face masks, which are supposedly to prevent the spread of an alleged deadly virus, have been imposed. The small droplets referenced, that the typical surgical mask material is not designed to inhibit, are 100 to 400 times larger than the SARS CoV-2 virion. Going beyond the permeability of the material brings about the complete lack of standardization in masks for contours which create a uniform air gap barrier between the mask surface edge and the face of the wearer. Clearly then, the required use of face masks or “face coverings” is not for the purpose of substantially reducing transmission from person-to-person.
Few people understand the transmission routes of various virions and public officials don’t appear to be doing much to inform the public. Even though the Human Rhinovirus -- the common cold -- is transmitted from intranasal pathways and not the oral route, the conventional prevention paradigm commonly included using the hand to cover the mouth when coughing. But that may lead to hands contacting nasal discharge which can then lead to fomite transmission when others touch those surfaces. This was a logical inconsistency that confounded me as a child and affirmed my distrust of adults. I recall these statements clearly; “Wash your hands because you can pick up germs on your hands and you don’t realize how much you touch your face.” “Cover your mouth with your hand when you cough so you don’t spread germs to others.” So, put germs on your hands that touch surfaces that others may touch and then touch their faces as a means to prevent transmission?
Those proponding use of face masks generally employ congruence bias or confirmation bias to satisfy their desired outcome rather than letting the evidence determine the conclusion. While they may be able to demonstrate that under certain controlled laboratory experiments that a mask or, rather, a portion thereof may be able to trap the virion they have deliberately ignored the results of real world application. They are only seeking evidence to support the mask wearing agenda and ignore contrary evidence or create experiments that are designed to support the desired outcome without disclosing all results.
Mask wearing is akin to the mandatory use of car seats for babies and small children. When those mandates were first implemented the number of injuries and deaths didn’t decline as predicted. Researchers investigated. They discovered that it was not due to failure of the car seats which had, during testing, demonstrated great efficacy. But those were in controlled laboratory experiments -- think crash test dummies and a car on a skid slamming into a post or wall. The determinant factor for lack of efficacy was real world application. People did not install the seats correctly and also did not secure the children appropriately or used seats not in concordance with the size of the child unlike the experimenters who did everything properly. Yet for face masks there are no standards of efficacy for wearing them. Hence, just like improperly restraining a child in an inproperly installed car seat can give the appearance of protection so does using a face mask which, through propuction and usage, lacks efficacy can do the same. Clearly then, the use of face masks is not for the purpose of reducing transmission.
While I am onto car seats here is an analogy. If the same efficacy standard was applied to automobile lap belts as to face masks to prevent the passing of a virion then vinyl strapping for lawn chairs, old leather belts for pants, and cotton t-shirts torn into strips would be acceptable in cars as lap restraints.
There is a valid reason that ANSI and UL exist along with the standards for which they apply ratings to products. Just as not any old material which can provide the appearance of being a restraint belt in an automobile as suitable, neither are the various materials being used as face masks. Anything that gives the appearance of being a face mask is actually suitable for the intended purpose of the mandates. Do you still think mask mandates are about promoting better health?
Thus far the purported lockdowns and use of face masks have been ineffective in significantly reducing transmission - deliberately so. The next step in the so-called mitigation process is going to be a vaccine. But, before you think a vaccine will be effective in keeping you from contracting the SARS CoV-2 virus and possibly developing into CoViD-19 I have more information for you.
So this is where I finally get onto what I finally found in my search through back issues of JAMA.
The Infectious Disease Society of America held its 2011 annual meeting in January that year during the height of the Influenza season. This topic was covered in the 16 March issue of JAMA in an article titled Influenza Vaccine Makers Seek Ways to Speed production, Boost Effectiveness. Anthony S Fauci is referenced as indicating that creating Flu vaccines is problematic in various ways. One is that the virus frequently accumulates genetic mutations that alter its surface proteins. Those proteins are what allow the virus to attach to and impregnate a healthy cell. During the 2010-2011 Influenza season the CDC identified 89 Influenza variations from respiratory specimens collected for examination.
Another problem is the lag time in creating a vaccine for a novel virus. For example, it took about six months to produce a vaccine for the 2009 influenza A [H1N1] virus. One study found that the 2010 Flu vaccine provided protection to 78.5% of vaccinated subjects against infection by a matched strain of the Flu. That number was slightly higher than the usual protection rate of 70-75% in adults according to Arnold S Monto, University of Michigan. However, many people in populations most vulnerable to complications, such as the elderly or extremely young, may not be protected by vaccines. Yet a vaccine with a 70% effectiveness rate is considered to have “efficacy”.
Persons who may not study medical literature that hear that a vaccine is “effective” may think that it will protect them individually. That is, a vaccinated individual can go about his or her merry way through the sea of virus virions and not get infected. But for over 20% of people a vaccine does not provide that protection. This is because in the contagious disease arena that word has a different meaning -- prevents contagion. Here is how that plays itself out mathematically. I am making this oversimplified but you’ll get the idea behind the “herd immunity” said to be achieved at 70% saturation.
If a vaccine is 70% effective on individuals then 3 per 10 people can still contract and pass it. 10 people get exposed and 3 become infected. Then, each of those 10 expose themselves to 10 people each. 7 aren’t infected and don’t pass it on [0 of 70] but the 3 who are infected pass it on to 30% of those they encounter [9 of 30]. 9 of 100 people become infected. Now each of those 100 encounter 10 people. The 9 who are infected pass it on to 30% of those they encounter [27 of 90]. So out of 1110 people who were exposed 41 are infected. That rate is >4%, much lower than if no vaccination. Now to compare.
If 20% of people have a natural immunity and go through the same process then it plays out this way. 8 of 10 are infected. They pass it on to 64 of 100 who pass it on to 512 of 1000. Thus, 584 of 1110 get infected. This is 52%, more than half.
A vaccine for a contagion is not intended to protect the individual but the “herd” by restricting transmission. This is why you may hear that hub people get priority for vaccines. Hubs are the people who interact with numerous people from different milieus. The food delivery person who makes delivery to 20 different office buildings is a hub whereas the mailroom clerk in an office building who makes deliveries to 200 offices within one building is not a hub.
If a vaccine is developed for the SARS CoV-2 virus it may not be administered in a manner that protects to its fullest potential. This is because of the dynamics of varying populations which may react differently to a standard vaccine. Infectious disease clinicians aware of these factors develop adjuvants targeted to particular groups. Think of daily multi-vitamin tablets. A single strand of vitamin and minerals in a particular dosage may help all. But if the dosages are adjusted for selected groups such as those who are pregnant, elderly, athletic, diabetic, or young the vitamin cocktail would be more effective.
This was done for the 2009 H1N1 vaccine. Practitioners could select the vaccine with an appropriate adjuvant for particular individuals which increased effectiveness for their patients and reduced the number of doses. But that was in Europe. In the United States practitioners were not provided with this array of enhanced H1N1 vaccines. Thus, it became a policy matter as to whether more effective protection was offered.
In the United States there was one vaccine offered which could be administered by a clerk at a chain drug store. It may not have been as effective for individuals but there was greater efficiency in production, distribution and administration to patients. It was a policy decision considering financial costs and convenience.
Getting back to lap restraints in cars again helps to elucidate how so-called safety measures are policy decisions considering financial costs and convenience. In reading the reports on laboratory results of restraints in cars it is overwhelmingly clear that the use of 5-point belts with substantially reduce injuries and deaths in collisions. Just look at a race car crashing at close to 200mph and the driver climbing out and walking away 20 seconds after what remains comes to a halt. Reading the psychological and manufacturing reports reveals that the financial costs of adding 5-point harnesses for driver and passengers pushes the price of new cars to a price point that reduces purchases or newer, overall safer, vehicles. Thus, consumers will squeeze more life out of the old clunker. Then there is the added time that it takes to latch a 5-point harness versus the single point restraint. The conclusion is that the added time that it takes to use the 5-point harness -- under one minute -- will result in usage that is reduced substantially. Thus, overall there will be more injuries and deaths if all cars had a 5-point harness because users would find the extra time and effort for usage to be more costly than complying with usage mandates. Hence, the policy is to use a marginally safe restraint to produce greater compliance. Again, it is not about protection of the individual but of the herd.
Conclusion
Although much of the statements from businesses, public health officials, politicians indicate that their intent is to protect you, individually as implicitly or directly stated, it is just not so. So called mitigation efforts have never been about individuals’ health but about control. Control of a contagion and of the individuals within the society.
Businesses have been the most disingenuous. Purported mitigation policies implemented by businesses have most often been determined by lawyers acting on behalf of insurers, not health practitioners. For myself, having practiced in both law and health, I have chosen to use my health knowledge for determining my actions which is why I do not wear a mask including in businesses requiring them.
I will conclude this article with what I wrote a while back in a posting on Facebook regarding the use of masks and why mandates were in place.
Look at it from the neo-fascist viewpoint. There are no individuals. No one is sick. No one is healthy. No one pays their bills. No one doesn't pay their bills. No one is responsible. No one is irresponsible. There is only the State and the Society. Society is sick. Society is not healthy. Society is not responsible. Society doesn't pay its bills. The State ensures the health of society. The State is responsible for the welfare of society. The State provides the money for society and pays its bills.
It’s still up to you whether you drink the Kool-Aid.
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Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.
As a child custody policy advisor I have written and had child custody related legislation passed into law. My counseling of lawyers and appearances as an expert witness have helped them achieve more favorable results for their clients including winning appeals, gaining parenting time, reducing conflict, and mediating agreements. Additionally I made important contributions to the amended Indiana Parenting Time Guidelines that went into effect March 2013 and am currently formulating recommendations for the Indiana Child Support Guidelines which are to be amended this year. For parents I offer child custody based life coaching to help them maintain control of their lives and increase their fitness as parents so they can truly serve the best interest of their children.
