Food hawker takes council to court over vaccine ruling

 

Naomi’s food stall is not allowed to operate because she has not received the Covid-19 vaccine.

KOTA KINABALU: A food stall operator at the Ranau Central Market is challenging the district council for a ruling that only those who have been fully vaccinated may conduct business at the market.

The judicial review application against Ranau District Council was made by Naomi Neomi Francis, 55, at the Kota Kinabalu High Court, here, today.

Naomi told FMT she decided to apply for a judicial review because she felt victimised. The council ruling violated the right to freedom and equality provided by the Federal Constitution.

“After all, the Covid-19 vaccine is still under study and testing, why should I take it if I am still hesitant? It is also not mandatory for every individual to take it.

Naomi Neomi Francis.

“The decision to challenge the authority’s directive was also made by me on behalf of friends or other parties who did not receive the vaccine,  as we have difficulty doing anything out there.

“I am not anti-vaccine, I just want to look after my own safety,” she said.

Naomi said she had been running a business at the food stall since 2011 and her income was severely affected after the Covid-19 pandemic hit the country. Business had only improved slightly but the latest SOP might bankrupt her, she said.

The district council issued a new SOP on Sept 21 allowing only fully-vaccinated traders and assistants to conduct business.

Naomi had previously been issued a warning before a compound notice was issued for conducting business without being vaccinated. She could be levied a compound fine of between RM2,000 and RM50,000.

Naomi’s lawyer, Marcel Jude Joseph, said the judicial review application would be mentioned on Oct 28. - FMT