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A judge in Ohio ordered a man convicted on drug charges to get vaccinated as a condition of his probation. Judge Christopher Wagner told Brandon Rutherford that he had two months to get the coronavirus vaccine or he would go to jail.
Rutherford, who was wearing a mask during his court hearing, did not object at the time but said he plans to defy the judge's order.
"[Judge Wagner] wanted to know, was I vaccinated, and I told him, no, and I told him I ain't planning on getting the vaccine," Rutherford told WXIX. "And next thing you know, he told me like it was going to be court-ordered for me to get one."
Wagner defended his ruling, saying that it was his job to "rehabilitate the defendant and protect the community."
"This defendant was in possession of fentanyl, which is deadlier than the vaccine and COVID-19," Wagner said in a statement. "The defendant expressed no objection during the proceedings and stated no medical concerns, and his attorney did not object. We will have to see what happens now that the defendant is expressing opposition."
Carl Lewis, Rutherford's attorney, said that it is the first time he has seen a judge require a defendant to get vaccinated as a requirement of their probation. He told WXIX that he does not believe the judge has the power to force somebody to get vaccinated and vowed to fight the ruling after the 60-day deadline has passed.
"Whether you have a good intention or not, you cannot use the rule of law to order an individual to do something that is against their personal, philosophical, or even religious reasons, and my client says he does not wish to be vaccinated," Lewis said.