Massive Lawsuit Just Filed To Overturn US Compulsory Vaccination Laws [California]

California’s Governor Brown signed into law the most stringent vaccine mandate in the United States  – SB 277 – on June 30, 2015.

The new law came into effect yesterday July 1, 2016.

On the same day a substantial lawsuit against 10 Defendants was filed electronically against this draconian unconstitutional and unnecessary US law by attorney Carl Lewis in the San Diego Federal Court on behalf of 10 Plaintiffs: six American Moms and Dads and four non profits.

Defendants include the State of California Department of Health, Department of Education, three Schools Districts, and one County Public Health Department (Santa Barbara), and their employees, some named individually, and others in a group.  [Further details appear below.]

US Health Fascism At Its Finest

As the California Coalition for Vaccine Choice explain, families that do not comply with Governor Brown’s one-size-fits-all vaccine mandate, will lose their State Constitutional right for a free and appropriate education in public and private K-12 schools. The use of licensed daycare facilities, in-home daycare, public or private preschools and even after school care programs are also included in SB 277.

School aged children, not up-to-date on every mandated vaccine, will be required to home school without options for classroom learning.

SB 277 eliminates a parent’s right to exempt their children from one, some, or all vaccines, a risk-laden medical procedure including death. 

In 2016, California parents will be forced to give their children more than 40 doses of 10 federally recommended vaccines. 

This open-ended vaccine mandate allows the State of California to add any additional vaccines they deem necessary at anytime. The only exemption available is a medical exemption that doctors deny to 99.99 percent of children under federal guidelines.  

Why is this important?  The drug industry has bought such a powerful level of influence in government, the media and health professionals that the serious adverse effects of vaccines have been and continue to be buried.  When children die or are seriously injured by vaccines it is commonplace these cases are not investigated properly or at all.  Medical professionals don’t report. Coroners commonly don’t investigate properly or the experts who testify don’t tell it as it is or both.

Vaccines have been promoted as necessary to control disease, safe and effective when none of these propositions stand up to proper scientific scrutiny.   But that holds no sway.  The drug industry promoted hype with its wide base of support in the medical professions and government has been so successful convincing the majority that those who turn to the facts are dismissed, personally attacked and subjected to widespread abuse and disparagement. 

It is not just the US and not just Dr Gorski.  Read here about the gentle British doctor who killed himself after years of abuse from some members of Dr Ben Goldacre’s BadScience forum: 

Dr Ben Goldacre, Online Abuse, Bullying and the Suicide of a Gentle British Doctor Posted July 1, 2016. 

As Europe’s seeming leading front man for this kind of online bullying, abuse and harassment, the now not-so-young Goldacre seems to have been set up some years ago with the image of irresponsibility, youthfulness and impetuosity specifically to appeal to the UK’s high school and university students.  On one view, it looks as if the now ageing Goldacre was a covert poster-boy for the UK drug industry; a never practising psychiatrist with a “BadScience” column in a UK national newspaper.

SB277 is also an example of how far US health fascism has come.  The US is behaving towards every US child, Mom and Dad and other citizen as it has to every Moslem and every Moslem country that hates the US.  Americans are seeing just a tiny little bit of why the US is so widely hated around the world. 

Get used to it.  For you all its vaccines today, with more just around the corner.  This is why the US Constitution’s right to bear arms is regrettably so important despite all the deaths which occur through gun crime.  It is sadly the option of last resort when government declares war on its own people. But this war is a war fought by buying up the media, by buying influence and perverting and corrupting government, politicians and institutions meant to protect not harm the citizen – like the US Centers for Disease Control.

The Lawsuit

Details have just emerged from Tim Bolen on the Bolen Report:

The Lawsuit Against SB 277 Has Been Filed…

It is called a “Complaint For Declaratory and Injunctive Relief – Temporary Restraining Order Sought.”

(1)  The Plaintiffs are asking the Court, in this case, to temporarily stop the enforcement of SB 277 until the issues brought to the Court, in the Motion, are finally decided, and then,

(2) on the findings, issue a Permanent Injunction against SB 277.

The background to the case is:

(1)  Effective July 1, 2016, SB 277 will bar children from attending any public and private school unless proof is provided that the child has received multiple doses of vaccines for ten enumerated childhood diseases.

(2)  SB 277 abolished the Personal Belief Exemption (“PBE”) to California’s school vaccination requirements and arguably eliminated an existing exemption from vaccination based on religious beliefs.

(3)  Forty-seven states currently allow either a religious or a conscientious/personal belief exemption from school vaccination mandates.

(4)  The California Supreme Court has long recognized that a child’s right to an education is a fundamental right guaranteed by the California Constitution. Laws that impact the fundamental right to education, and which are not narrowly tailored to serve a compelling state interest, are unconstitutional. As the court held in Serrano v. Priest 18 Cal 3d 584 at 606 (1971) “We indulge in no hyperbole to assert that society has a compelling interest in affording children an opportunity to attend school.”

(5)  The State has broad responsibility to ensure basic educational equality and to provide a statewide public education system open on equal terms to all.

(6)  Since 1961, California has allowed a philosophical exemption to vaccination based on one’s personal beliefs.

(7)  Since 1961, the number of vaccines and vaccine doses required for school attendance have dramatically increased.

(8)  Notwithstanding the increase in required vaccines and vaccine doses, PBE rates have always remained below four percent.

(9)  For decades, full vaccination coverage in California has remained well above 95% for each required vaccine.

(10)  Public health experts agree that 95% vaccination coverage meets or exceeds the levels of vaccination theorized to achieve herd immunity for infectious diseases for which vaccines are available.

(11)  California’s PBE rate has not exceeded four percent of the entire population of school children.

(12)  At the time SB 277 was enacted, according to the California Department of Public Health (“CDPH”), over 97% of California’s school-aged children were fully vaccinated for each of the vaccines required by SB 277.

(13)  Moreover, the overwhelming majority of the children with PBEs are selectively vaccinated. They received some, but not all of the required vaccine doses.

(14) Only one year before SB 277 was enacted, the Immunization Branch of the CDPH stated that “[v]accination coverage in California is at or near all-time high levels.”

(15)  At the time SB 277 was enacted, California had seen a 19 percent reduction in PBEs when AB 2109 (Pan, 2012) went into effect.

(16)  Notwithstanding declining PBE rates and historically high vaccination rates, SB 277 was enacted to permanently bar children who do not receive every dose of every mandated vaccine from all public and private schools.

(17)  Plaintiffs have thus been denied their fundamental right to an education guaranteed by the California Constitution.

Outcomes Sought From The Court

(1)  Declare unconstitutional and set aside SB 277 and its regulatory scheme;

(2)  Grant temporary, preliminary, and permanent injunctive relief prohibiting the enforcement of the unconstitutional ban on personal belief and religious objections and the restriction of medical choice exemptions;

(3)  Grant temporary, preliminary, and permanent injunctive relief immediately prohibiting the denial of school admission to the children of the individual Plaintiffs and all others similarly situated.

(4)  Award to Plaintiffs reasonable attorney’s fees, expert witness fees, and costs incurred in connection with this action; and

(5)  Grant such other and further relief as the Court deems just and proper.

Legal Grounds For The Action

(a) Infringement on Rights protected by the California Constitution,

(b) Infringement on Rights protected by the US Constitution,

(c) Violation of Federal Family Educational Rights and Privacy Act (FERPA),

(d) Violation of California Confidentiality of Medical Information Act, and

(e) Violation of California Information Practices Act, and Violation of California Health and Safety Code 120440.

For further details read the Bolen Report:

The Lawsuit Against SB 277 Has Been Filed…

2 Responses

  1. […] Source: Massive Lawsuit Just Filed To Overturn US Compulsory Vaccination Laws [California] […]

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